HomeMy WebLinkAboutORD 7105 AMEND CITY CODE TITLE ONE HUMAN RELATIONS
Attachment number 1
Page 1 of 12
ORDINANCE NO. 7105
AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE
SECTIONS 1-4-112 AND 1-4-114 THRU 1-4-130 RELATING TO THE
HUMAN RELATIONS COMMISSION; TO REPEAL ALL CODE
SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND
ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, Augusta-Richmond County desires to update and amend the Code as
related to the Human Relations Commission, to modify the Code to reflect changes
required by the'2009 budget;
THE AUGUST A-RICHMOND COUNTY COMMISSION, ordains as follows:
SECTION 1. AUGUSTA, GA CODE Sections 1-4-112 and 1-4-114 thru 1-4-130 as
set forth in the AUGUSTA, GA CODE, re-adopted July 10, 2007, is hereby amended
by striking each of these sections in their entirety and inserting in lieu thereof new
Code Sections 1-4-112 and 1-4-114 thru 1-4-130, restated as set forth in "Exhibit
A" hereto.
SECTION 2. This ordinance shall become effective upon its adoption 10
accordance with applicable laws.
SECTION 3. All ordinances or parts of ordinances and Human Relations
Commission Policies and Procedures in conflict herewith are hereby repealed.
February
Adopted this 3 day of!~,~...:3.~~.r', 2009.
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Attachment number 1
Page 3 of 12
Exhibit A
See. 1 4 112. Terms afOffiee.
Members of the HRC appointed by Commissioners sholl serve four year terms
beginning f....prill * of the calendar year in '.vhicR his or her appointing
Commissioner began his or her four year term on January 1 *. Members appointed
by the f..ugusta Richmond County Legislative Delegation shall serve f-our year
terms beginning April 1* of the calendar year follo'.ving even numbered years that
are not evenly divisible by 4. In the event of a vacanoy, a saccessor may be
appointed to serve during the unexpired term. Except as provided in tflis paragraph,
a member of the HRC may not be removed from office prior to the expiration of
his or Rer term except for eause as set f-orth in ~ 1 1 1 of the Code. The proYisiofls
of Code ~ 1 4 2(b) and ~ 1 4 3 shall govern removal actions. The uneKcused
absence of any member of the HRC from three (3) consecuti'/e regular meetings,
or absences from more thRfl fOlH" (1) meetings daring any twehe month period,
shall constitute cause for remo'/al of a member of the HRC. Per Code ~ 1 1 1.1,
the members ofHRC shall determine whether an excuse for an absence is
adequate. The HRC may recommend remo'lal of a-ay member foiling to meet
attendance requir-ements.
Sec. 1-4-112. Terms of Office.
Members of the HRC aooointed by Commissioners shall serve terms bellinninl?
April 1 st of the calendar vear in which his or her aooointinll Commissioner bel?an
his or her term on Januarv 1 st. The term lem!th of Commission aooointed Members
shall be the same term length as his or her appointinll Commissioner's term lenllth.
Members aooointed bv the AUllusta-Richmond County Lellislative Delellation
shall serve four-year termsbeginninll Aorill 51 of the calendar vear followinl? even-
numbered vears that are not evenly divisible bv four (4), In the event of a vacancv.
a successor mav be aooointed to serve during the unexoired term. Exceot as
provided in this oaralrraoh. a member of the HRC mav not be removed from office
orior to the exoiration of his or her term exceot for cause as set forth in & 1-4-4 of
the AUGUSTA. GA CODE. The orovisions of Code & 1-4-2(b). and & 1-4-3 shall
llovem removal actions. The unexcused absence of anv member of the HRC from
three (3) consecutive regular meetings. or absences from more than four (4)
meetinf?;s durinll anv twelve (2) month oeriod. shall constitute cause for removal
of a member of the HRC. In accordance with AUGUSTA. GA CODE & 1-4-1.1. the
members of HRC shall determine. by maiority vote. whether an excuse for an
absence is adequate. The HRC mav recommend removal of anv member failinll to
meet attendance reauirements.
Attachment number 1
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See. 1 4 114. CampeRsatiaR.
Members of the HRC shall serve without compensatiofl. Members may be
reimbltfsed for reasonable personal expenses incurred in the performance of their
duties. Request for approval of reasonable personal expenses SHall be submitted in
\yriting. Approyed requests for reimbursement shall be reqaired bef-ore
disbursement of reimbursement proceeds, in accordance "lith applicable policies of
,^..ugusta Richmond County and Code ~ 1 4 120 belew.
Sec. 1-4-114. Comnensation.
Members of the HRC shall serve without comoensation. Subiect to budg:et
conditions. and at the discretion of the AUlllista-Richmond County Administrator.
HRC members mav be reimbursed for reasonable personal exoenses incurred in the
performance of their duties. ReQuest for aODroval of reasonable oersonal exoenses
shall be submitted in writing to the Administrator. Aooroved reQuests for
reimbursement shall be reQuired before anv reimbursement Droceeds are oaid.
See. 1 4 115. ExeeutiYe direetar aRd staff: diredar's duties.
The HRC shall employ an Executi'.'e Director qualified to provide leadership
concerning human relations among di','erse members of this community. The
Director shall serve at the pleasltfe of the HRC, subject to the authority of the
Commission. The termination of the Director, or the employment of a new
Director, shall require the concurrence ofthc Commission. The Director shall
coordinate the activities of the HRC and its staff. Subject to approyal of the HRC
and within the budget ofthe 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 ha'le been classified and a salary grade established by the
,^..ugusta Richmond County Personnel Boord with the approval of the Commission.
The HRC shall perf-orm an annual re'liew ofthe Director's perf-orma-nce and submit.
on ar.nuol '..."ritten report to the Administrator of Augusta Richmond County on or
before March 31 *. It shall be the Duty of the Director, ..lith the assistance of his
staff, to:
(a) Receive, initiate, in'/estigate, decide and pass upon complaints alleging
unlaY/ful conduct and other discrimination in employment or public
accommodations because ofraee, religion, color, sex, national origin,
handicap or age;
(b) Deyelop such policies and procedures f-or its own use in hearing and
determining such cOluplaints consistent with due process; and
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(c) Issue rulmgs determinations to remedy any situation founa to violate this
artide and preyent its recurrenoe, t-o include, but Bot limited to, the
restoration of the complamant's rightful place at his/her employer as if the
violation of this artiele had not occurred.
Sec. 1-4-115. Role and function.
The HRC shall serve as anadvisorv board and mav. in an advisory caoacitv:
(a) Promote amicable relationships amonl! diverse l!roups of individuals and
orl!anizations throu~h non-discriminatorv and eaual treatment of others:
assist in imorovinl! the eaualitv of qpoortunitv for emolovment and
advancement in Ammsta-Richmond County:
(b) Educate the community through conferences. forums and other methods
with resoect to human relations and unlawful oractices:
(c) Invite and enlist th~ coooeration of ethnic. racial and reli~ious sp-ouos and
community organizations in carryinl! on its role and function in the
establishment and maintenance of education orOlrrams consistent with this'
article.
(d) Recommend to the Administrator methods of eliminatinl! unlawful
employment oractices: recommend to the Administrator such additional
ordinances and/or chanl!es to existinl! ordinances that will. aid in the carrvinl!
out of the pumoses of this article: recommend to the Administrator such
lel!islative action as HRC mav deem aooronriate.
(e) Coooerate with the Mavor. Commission. other AUl!usta-Richmond County
al!encies. state and federal al!encies as aporopriate in effectuatinl! the
oumoses and the obiectives of the HRC to promote better human relations.
See. 1 4 11'. Duties aBEI powers.
It shall be the dmy of the HRC to:
(a) Promote amicable relationships among diverse groups of indi'/iduals and
organizations through non discriminatory and equal treatment of others;
investigate allegations of unla'Nful and discriminatory practices; attempt to
act as conciliator in controversies involving human relations; issue remedies
for '/iolations ofthis article and prlY/ent recurrence; conduct such
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investigations, studies and surveys and conc:luct such public hearings as are
necessary for the performance of the duties ofHRC; conduct::R:loo public
hearings as are necessary for the performance ofthe duties ofHRC; assist in
improving the equality of opportUflity for employment and advancemeflt in
i\agusta Richmond County gO~/emment;
(b) Educate the community through conferoooes, f-ornms afld ether methods
Y/ith respect to human relations BBd oolawful practices;
(c) Coordinate activities among individuals and organizations concerned with
these relationships;
(d) Investigate, reoei'/e and efldea~/or t-o remove inequalities in housing,
reoreation, ec:lueation, employmeflt, law enforcement and other matters;
(e) Recommend methods of eliminating unlawful employment practiccs;
recommend to the Commission such additional ordinances and/or changes to
existing ordinanoes as will aid in the earrying out the purpose of this article;
recommood such legislative action as HRC may deem appropriate; afld
(1) Adopt, promulgat-e, amend or rescind suitable rules and procedures to carry
out the pnlYisiofls of this artiele.
Sec. 1-4-116. Unlawful emnlovment nractices.
(a) It shall be an unlawful emolovment oractice for an emolover of fifteen (5)
or more em"loyees:
(1) To fail or refuse to hire or to discharlle anv individual. or otherwise to
discriminate allainst anv individual. with resoect to his or her
compensation. benefits. terms. conditions or orivilel!es of emolovment
because of such individual's race. color. relil!ion. sex. national oril!in. al!e
or disability:
(2) To limit. sel!fegate or classify emolovees or aoolicants for emoloYrnent .
in anv wav which would deorive or tend to deorive. any individual of
employment oooortunities because of race. color. reli~ion. sex. national
oril!in. al!e or disability .
(b)It shall be an unlawful em.plovment nractice for an emolovment a~encv to
discriminate a!?ainst any individual because of his/her race. relillion. color.
national Orillin. aile. sex or disability in. receivinl!. classifyinll. disoosing or
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otherwise actinl! uoon applications for its services or in referrinl! an
annlicant or anolicants to an emolover or employers covered bv this article.
( c) It shall be an unlawful emnlovment nractice for a labor orl!anization with
fifteen (5) or more members to exclude or to ex,pel from its membershiv
anv individual or to' discriminate in anv wav al!ainst anv of its members or
against anv emnlQyer or anv individual emplovee of an emolover because of
the race. reli~don. color. national oril!in. sex. age or disability of anv
individual.
(d) Exemotions from the iurisdiction of this ordinance: This article shall not
applv to relil!ious comorations. reli~ious associations. relil!ious educational
institutions or relil!ious societies with resoect to the emolovment of
individuals of a oarticular religion to perform work connected with the
carrvinl! on by such comorations. associations. educational institutions or
societies of its activities. This article shaUnot applv to those individuals and
orl!anizations otherwise exemoted from the orovisions of this Article by law.
(e) Al!e limitations: The orohibitions in this article in reference to al!e shall be
limited to individuals who are at least fortY (40) years of al!e.
See. 1 4 117. Unlawful emple)'meBt praetiees.
(a) It SHall be an unlawful employment practice for an employer of fifteen (15)
or more eFnployees:
(1) To fail or refuse to hire or to discharge any individual, or otherwise to
discriminate against any individual, \vith fespect to his or her
compensation, benefits, terms, conditions or privileges of employment
because of such indiyidual's race, color, religion, sex, national origin, age
or handicap;
(2) To limit, segregate or elassify employees or applicants f-or employment
in any way \vhich would deprive or tend to deprive any individual of
employment opportunities beeause of race, color, religion, sex, national
origin, age or handicap.
(b) It shall be an tHllawful employment practice fOf an employment agency to
discriminate against any individual because ofhislhef race, religion, color,
national origin, age, sex or handicap in recei':ing, classifYing, aisposing or
otherwise acting upon applications for its services or in referring an
applicant or applicants to an employer or employers covered by this article.
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( c) It sholl be unlawful employment practice for a labor organization "vith
fifteen (15) or more members to exclude or to eKpel from its membership
any individual or to discriminate in any v,'ay against any of its members or
against any employer or any indiyidual employee of an employer becaase of
the race, r-eligioR, color, national origin, sex, age or handicap of any
indi'lidual.
Sec. 1-4-117. Meetio!!s.
The Human Relations Commission shall re!!ularlv meet on the fourth Wednesdav
of each month at 3 :30 o.m. in the Au!!usta-Richmond County Commission
Chambers on the ei!!hth floor of the Au!!usta-Richmond County Municioal
Buildin!!. 530 Greene Street. Am~usta. Geor!!ia 30911 and may set the time. olace
and frequency of any soecial meetin!!s to effectuate the oumose of this article. All
such meetin!!s. both relpllar and soecial. shall be ooen to the oublic and be
conducted consistent with the GeorlJia Open Meetings and Ooen Records statutes.
See. 1 4 118. Proeedures for inyestigation/hearing of complaints.
Detailed procedures are set forth in the HRC Policy Mnnual and are incorporated
by ref-erence herein. A cop-y of the policy can be obtomed at the offices of ~^..ugusta
Richmond County. The following is a summary outline of the procedures:
(a) ~^..n)' person or persons alleging an unlawful practice prohibited by this
. article ffil::lst file a written complaint with the HRC Director, or one of his
designated representati'/es, no later than one hundred eighty (180) days after
the alleged unlawful practiee occurred.
(b) Upon receipt ofa complaint, the HRC Director shall serve a copy of the
complaint on the respondent within ten (10) days of receipt thereof and shall
mitiate an investigation of the complaint.
(e) In conducting an investigation of a eomplaint filed under this artiele, the
HRC Director, or his designated representatives, shall ha'/e . access at any
reasonable time to premises, records, docaments, individuals and other
evidence or possible SOUi'ces of evidenee rele~/ant 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; hov,'~/er, the HRC
Direet-or, and/or designated representatiyes, must frrstcomply with the
provisions of the Fourth Amendment relatmg to.unreasonable searches and
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seizures. Failure of any party to cooperate in the reasonable inyestigatiye
efforts shall be noted in the official report of investigation.
(d) If the HRC Director determines after such inyestigatioB that tflere is
reasonable cause to belie'le the charge is true, he shall endea':or to eliminate
any such alleged oola\vful practice by inf-ormal and voluntary methods of
conference, coneiliation and persuasion. During such inf-ormal endeavors, he
may seek from the respondent such relief as may be appropriate, 'l/Hien may
include, but is not limit-ed to, reinstatement or hiring of employees, with or
without back pay, or any other equitable relief.
(e) All investigations, c~nferences and negotiations for conciliation pursuant to
this article shall be confidential. Further, at no time shall the results of any
conciliation be made public '1.'ithout the expressed written consent of the
parties invohed.
(n Ifwithin ten (10) days after the HRC Director has determined that
conciliation efforts hove failed, he shall so notify the parties in writing; and
the respondent may request a hearing before the HRC within ten (10) days of
the receipt of such notice. If the HRC Director determines that the complaint
as alleged is not true, he shall dismiss the complaint and notify the parties in
writing of such determination. Within ten (10) days of receipt of such notice
of dismissal, the complainant may request a hearing before the HRC. A
request for a hearing shall be granted e-xpeditiously. No hearing may be had
from a fmding and determination of a lack of jurisdiction. At such hearing to
be conducted by a qaorum of the HRC, the HRC may affirm or set aside the
findings as set forth in subsection (d) above, in vlhole or in part.
(g) If the HRC determines after a hearing that any respondent has committed an
unlawful act prohibited by this article, and the respondent refuses to comply
with an order of the HRC within sixty (60) days after notifieation of such
final disposition, or if the responaent fails to request a hearing before the
HRC within ten (10) aays after receipt of notice of failure of conciliation,
the HRC may institute a civil court action in the appropriate court for
violation of any provision ofthis article or failure to comply '.vith an order of
the HRC.
Sec. 1-4-118. Ouorum.
A quorum shall consist of a maiority of the total members on the HRC. For
ourooses of calculating a quorum. vacant seats shall not be considered.
Attachment number 1
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See. 1 4 119. Offiee spaee and faeilities.
The HRC is authorized to secare adequate office space for its Direetor ood staff,
subject to the approval of tfle f..ugusta Richmond COWlty Commission.
Sec.I-4-119.lleserved.
See. 1 4 120. HRCbudget and Hnaneial matters.
The HRC Direetor shall submit an ar.nuol proposed budget to the HRC subject to
and consistent y;ith. the budget process of f..ugusta Richmond COl:Hlty. f..fter
oppro'lal by the HRC, the proposed budget shall be submitted to the .^..dministrator
of the .\ugusta Richmond County Commission for timely approval. The budget
shall contain all nwenues, regardless of source, and eJ)cpenditures. The HRC shall
be authorized to contract with state and federal agencies. The HRC may apply f-or
grants subject to the approval of the Commission. .\ll expenditures of the HRC
shall be limited 'to those specified in the budget or expenditures authorized through
any received grants.
Sec. 1-4-120. Reserved.
See. 1 4 121. Inspeetion and audit of finaneial reeords.
The finaneial records of tfle HR-C shall be maintained by the Commission at its
offices and may be auditecl ar.nually by a qualified external auditor, in the
discretion of the Commission.
Sec. 1-4-121. Reserved.
See. 1 4 122. Meetings.
The Human Relations Commission regularly meets on the fOl;lrth Wednesday of
each month at 3 :30 o'clock p.m. in the Lee Beard Augusta Richmond County
Commission Chambers on the eighth floor, .\ugusta Richmond County Municipal
Building, 530 Greene Street, .\ugusta, Georgia 30911 and may set the time, place
and frequency of any speeial meetings to effectuate the purpose of this article. f..ll
such meetings, both regular and special, shall be open to the pablie and be
condueted cOflsistent witH the Georgia Open Meetings and Open Records statutes.
Sec. 1-4-122. lleserved.
See. 1 4 123. Quorum.
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Six (6) members oHhe HRC shall oonstitute a quorum for the transaotion of
business.
Sec. 1-4-123. Reserved.
See. 1 4 124. Rules, h)Tlaws aRd poliey maRuals.
The HRC SHall adopt suoh 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 .'\ugusta
Riohmond County and are also subject to the Personnel Policies and Procedures
applioable to Augusta Richmond C01:Hlty employees.
Sec. 1-4-124. Reserved.
See. 1 4 125. Reports.
Not more than 30 days next follO\ving the ending of 0 calendar quarter, the HRC
Direotor shall 5Mbmit a written report to the HRC summarizmg the primary
actiyities of the HRC employees. Such reports shall be made at least quarterly,
along v/ith such other reports as the Director may elect in his discretion to submit.
Copies of all reports shall be submitted to the Mayor, .^..dministmtor and
Commission.
Sec. 1-4-125. Reserved.
See. 1 4 12lt. ExemptioRs from the jurisdietioR of the ardiRaBee.
This artiole shall not apply to religious corporations, religious assooiations,
religious educational institutions or religious societies with respeot to the
employment of individuals of a particular religion to perform work conneoted with
tHe carryiflg on by such corporations, associations, educational institutions or
societies of its activities. This artiole shall not apply to those indiyiduals and
organizations otherwise exempted from the provisions of this .^..rticle by law.
Sec. 1-4-126. Reserved.
See. 1 4 127. R-emedies/appeals.
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The HRC may institute a civil action in the appropriate court for violation of any
provisiofl of ~ 1 1 117 of tflis article or faillli"e to comply with an order of the
HRC. The parties to the action \'/ould be efltitled to a trial de novo.
Sec. 1-4-127. Reserved.
See. 1 4- 128. CooperatioB.
The HRC shall invite and'enlist the cooperation of ethnic, raoial and religious
groups and community organizations in carrying on its work and act as a
coordinating agency among them and such other groups in the establishment and
maintenance of eduoation 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
oooperate witfl the Mayor, Commission, other l\ugusta Richmond County
agencies, state aad federal agencies, citizens or citizens' organizations, the .I.\RC
Board of Education and paroooial and private schools as appropriate in effectuating
the purposes and the objectives oftha HRC to promote better human relations.
Sec. 1-4-128. Reserved~
See. 1 4 129. Legal serviees.
Legal representation of the HUffian Relations Commission, the Executive Director,
and the officers and employees of the Human Relations Commission in the COlli"se
of their employment e~{elusively in civil actions, ineluding without limitation tfle
rendering of advice and re'liev; of eofl:tmets and ether materials, shall be proyided
by the .I.^..ugusta Richmond County attorney or his designee. Legal representation
by counsel otfler than the ...'\ugusta Richmond County attorney or his designee shall
require Commission appro'/al.
Sec. 1-4-129. Reserved.
See. 1 4 130. Age IimitatioBs.
The prohibitions in this article i:R reference to age shall be limited to individuals
who are at least forty (10) years of age.
Sec. 1-4-130. Reserved.
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CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta-Richmond County
Commission on Feb 3, , 2009 and that such Ordinance has not been
modified or rescinded as of the date hereof and the undersigned further certifies
that attached hereto is a true copy of the Ordinance which was approved and
adopte . the foregoin eeting(s).
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Published in the Augusta chro~i~e~ f .
Date: Feb 19, 2009 ~~+~ \8..".....""..~:&...,,~...." ..;.:f/
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First Reading
January 22. 2009
Second Reading Bebruary 3, 2009