HomeMy WebLinkAboutVIII (2) Reconciliation Task Force Agenda 4-02-2002
Item VIII B
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
Ocoee S.SCOTT VANDERGRIFT
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O# CITY OF OCOEE
COMMISSIONERS
O d 150 N.LAKESHORE DRIVE DANNY HOWELL
�.+ p SCOTT ANDERSON
y OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
,may' (407)905-3100 NANCY J.PARKER
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CITY MANAGER
JIM GLEASON
To: Mayor and Commissioners
From: Jim Gleason, City Manager
Date: March 27, 2002
Subject: Commission Intent-Reconciliation Task Force
Background:
Approximately 2 to 3 years ago a group of concerned citizens met with former City
Manager Ellis Shapiro and organized an informal group called "Reconciliation Task
Force". Their purpose was to explore the facts behind reoccurring articles in the Orlando
Sentinel concerning a 1920 race related incident in the vicinity of Ocoee.
Discussion:
Rev. Bryan Stamper of St. Paul's was appointed chair of the task force and reported to
the city commission a few meetings ago about the scope of work and direction of the task
force. The chairman asked for the commission's support in moving towards closure of
this unfortunate incident and to explore possible options for community recognition. The
commission directed the city manager to meet with the task force members and propose
an advisory board status to the city commission. I met with the task force members
March 19, 2002 to discuss the commission action. The reconciliation task force was
confused as to the intent of the commission. They ask I clarify your intent or goals for
the new proposed advisory board. They also requested to finish their initial mission
under the current task force structure. Their thought was of an advisory board serving the
mayor and commission on policy recommendation concerning race, cultural diversity and
economic empowerment for all residents of Ocoee. Per my request,the City Clerk
obtained information from the City of Orlando concerning their Human Services
Advisory Board (see attached). While we are not proposing to duplicate this board, it
was felt it may serve as a concept for discussion by the City of Ocoee concerning the
intent of the proposed advisory board.
Policy Proposal:
Mayor and Commission to consider the request of the Reconciliation Task Force to finish
their original mission under their current structure. They also request the commission
advise of their goals and intent for this new proposed advisory board and not take any
official action concerning this board until further discussion between the task force and
the City Commission.
Poles Ocoee's iia+LrResources
171.1 SUBJECT: ORGANIZATION AND POLICY
:1 OBJECTIVE:
To promote understanding, respect, goodwill, and equality among all
citizens. To investigate all complaints in housing, employment, and public
accommodations; provide consultant and administrative assistance to the
Human Relations Review Board.
:2 AUTHORITY:
This procedure amended by City Council April 19, 1993.
:3 DIRECTION:
The Human Relations Director, as an appointed official, serves at the
pleasure of, and receives direction from the Mayor through the Chief
Administrative Officer.
:4 FUNCTIONS:
A. To receive complaints alleging discriminatory practices as provided
by City Code Chapter 57.05; Title VII of the Civil Rights Act of 1972;
Title VIII of the 1968 Civil Rights Act; The Americans With Disabilities
Act; the Civil Rights Act of 1991; and, to make such investigations as
appropriate to ascertain facts and issues.
B. Upon completion of the investigation, is responsible for determining
whether or not there are reasonable grounds to believe an unlawful
discriminatory practice has occurred. Responsible for conciliating all
complaints of reasonable cause to the best interest of all parties involved.
C. Enlists cooperation and assistance of Federal, State, and local
governmental officials in the attainment of the objectives of the Human
Relations Office.
D. Coordinates with the Equal Employment Opportunity Commission for
deferrals of discrimination complaints in employment: the Housing and
Urban Development Office for deferrals of discrimination complaints in
housing; and participates in training programs of both agencies of
investigation and conciliation procedures.
E. Assists the Orlando Human Relations Review Board in all cases of
conciliation involving housing,public accommodations, and employment.
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F. Implements workshops and seminars in housing, public
accommodations, and employment for the purpose of enlightening citizens
of Federal, State, and local legislation.
G. Assist the Human Resources Department in carrying out the
Affirmative Action Plans of the City of Orlando.
:5 FORMS:
None.
:6 COMMITTEE RESPONSIBILITIES:
None.
:7 REFERENCE:
City Council Minutes of April 24, 1972, Item 17, accepting
recommendations of Community Relations Commission on April 19,
1972; City Council Minutes of January 17, 1972, Item 2, concerning
recommendations of the Community Relations Commission; City Council
Minutes of July 31, 1972, Item 2, concerning change of name of
Community Relations Commission to Human Relations Commission;
Department authorized April 24, 1972; effective August 4, 1972; City
Code, Chapter 57, Sections 57.01 - 57.14; procedure approved by City
Council August 21, 1972, Item 53; amended April 1, 1974, Item 21;
amended May 10, 1976, Item 7; amended January 31, 1977, Item 2;
amended July 19, 1982, Item 25 (F).
:8 EFFECTIVE DATE:
This procedure effective April 19, 1993.
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Previous Chapter Refresh Code Return to Main View I Chapter View I View By Page Pn
TITLE II CITY CODE*
Chapter 57 DISCRIMINATION*
Chapter 57 DISCRIMINATION*
*Editor's note--Ord. of 4-23-1973, § 1, amended this Code by adding ch. 57, §§ 57.01--57.13.
ARTICLE I. HUMAN RELATIONS BOARD
Sec. 57.01. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
(1) "Age." The prohibition against age discrimination shall be limited to individuals who are at
least forty(40)years of age.
(2) The terms"because of sex" or"on the basis of sex" include, but are not limited to, because of
or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by
pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-
related purposes, including receipt of benefits under fringe benefit programs, as other persons not
so affected but similar in their ability or inability to work.
(3) The term "Board," unless a different meaning clearly appears from the context, means the
Orlando Human Relations Board created by this Chapter.
(4) "Employee" means any individual employed by the employer except that neither the term
"employee" nor this title includes any individual employed by his or her own parents, spouse or
child, nor in the domestic service of any person.
(5) "Employment agency" means any person regularly undertaking, with or without
compensation, to procure employees for an employer or to procure for employees opportunities to
work.
(6) "Employer" means any person who has more than five (5) full-time employees working more
than thirty (30) hours per week, or who has more than ten (10) employees irrespective of the
number of hours per week, in each of thirteen (13) or more calendar weeks in the current or
preceding calendar year, and any agent of such a person.
(7) The term "family" includes the grandparents, parents, children, brothers, and sisters, whether
by marriage or blood, and their spouses and children of either the property owner or spouse of the
property owner.
(8) "Handicapped persons" or"persons with a disability" mean persons who:
a. Have a physical or mental impairment which substantially limits one or more of such
persons' major life activities;
b. Have a record of such impairment; or
c. Are regarded as having such an impairment. A handicapped person does not include
any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs
prevents such individual from performing the duties of employment, or whose employment,
by reason of such current alcohol or drug abuse, would constitute a direct threat to property
or the safety of others.
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(9) "Labor organization" means any organization which exists and is constituted for the purpose,
in whole or in part, of collective bargaining or of dealing with employers concerning grievances,
terms or conditions of employment, or of other mutual aid or protection in connection with
employment.
(10) The term "person" includes one or more individuals, partnerships, associations,
corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
(11) The term "public accommodation, resort or amusement" shall be as defined in Section
57.08.
(12) The term "religion" includes all aspects of religious observance and practice, as well as
belief, unless an employer demonstrates that it is unable to reasonably accommodate to an
employee's or prospective employee's religious observance or practice without undue hardship on
the conduct of the employer's business.
(13) The term "unlawful discriminatory practice" includes only those practices specified in Section
(s) 57.08 through 57.12 and 57.14.
(Ord. of 4-23-1973, § 1; Ord. of 11-19-1973, § 1; Ord. of 8-29-1983, Doc. #18037; Ord. of 8-28-1995, Doc.
#28748)
Sec.57.02. Human Relations Board Created; Composition; Appointment,Term, Compensation of
Members; Filling of Vacancies.
There hereby is created a Human Relations Board. It shall consist of five(5) members fairly reflective of the
Orlando community to be appointed by the Mayor, and approved by City Council. Members shall serve
without compensation. The Human Relations Official shall be an ex officio, nonvoting member of the Board.
All appointments to the Board shall be for a term of two (2) years. In the event of the death or resignation of
any member, his successor shall be appointed to serve for the unexpired period of the term for which such
member has been appointed.
(Ord. of 4-23-1973, § 1; Ord. of 8-29-1983, Doc. #18037; Ord. of 9-18-1989, Doc. #23312; Ord. of 8-28-
1995, Doc. #28748)
Sec. 57.03. Functions of Board.
The functions of the Board shall be:
(1) To foster mutual understanding and respect among all racial, religious, age, disability and
ethnic groups in the City of Orlando;
(2) To encourage equality of treatment for, and prevent discrimination against, any racial,
religious, age, disability or ethnic group or its members;
(3) To cooperate with governmental and nongovernmental agencies and organizations having
like or kindred functions;
(4) To make such investigations and studies in the field of human relations as in the judgment of
the Board will aid in effectuating its general purposes;
(5) To assist various groups and agencies of the community to cooperate in educational
campaigns devoted to the elimination of group prejudices, racial tension, intolerance or
discrimination;
(6) To aid in permitting the City of Orlando to benefit from the fullest realization of its human
resources; and
(7) To accept grants and donations on behalf of the City from foundations and others for the
purpose of carrying out the above listed functions, subject to the approval of the Mayor and City
Council.
(Ord. of 4-23-1973, § 1; Ord. of 8-29-1983, Doc. #18037; Ord. of 8-28-1995, Doc.#28748)
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Sec.57.04. Powers and Duties of Board.
The powers and duties of the Board shall be:
(1) To receive, to review and copy documents deemed necessary by the Board, cause
investigations of and pass upon complaints and otherwise cause investigations of:
(a) Racial, religious and ethnic group tension, prejudice, intolerance, bigotry and disorder
occasioned thereby;
(b) Discrimination against any person, group of persons, organization or corporation, in
violation of the provisions of this Chapter.
(2) To propose reasonable rules and regulations as are necessary to effectuate the policies of
this Chapter. Such rules and regulations shall become effective upon approval by City Council.
(3) To hold hearings and mediation conferences, compel the attendance of witnesses, compel
the production of documents for investigative purposes and for introduction at hearings, administer
oaths and take the testimony of any person under oath.
(4) To perform such other duties as may be necessary to accomplish the function of the Board
as defined in Section 57.03 of this Chapter.
(Ord. of 4-23-1973, § 1; Ord. of 11-25-1974, § 1; Ord. of 10-20-1980, § 1; Ord. of 8-29-1983, Doc.#18037;
Ord. of 8-28-1995, Doc. #28748)
Sec. 57.05. Filing of Complaints.
Any person alleging subjection to an unlawful discriminatory practice may file with the Board a complaint in
writing, sworn to or affirmed, which shall state the name and address of the complainant and the person or
persons against whom complaint is made. It also shall state the alleged facts surrounding the alleged
unlawful discriminatory practice and such other information as the Board may require. A complaint shall be
filed within one hundred eighty (180) days after the date of the alleged unlawful discriminatory practice in
order to be processed under this Chapter.
(Ord. of 4-23-1973, § 1; Ord. of 11-25-1974, §2; Ord. of 8-29-1977, § 1; Ord. of 10-20-1980, §2; Ord. of 8-
29-1983, Doc. #18037; Ord. of 8-28-1995, Doc.#28748)
Sec.57.06. Processing Complaints.
(1) Upon the filing of a complaint as set forth in Section 57.05, the Human Relations Official shall offer in
writing the parties the opportunity to voluntarily mediate the complaint. If both parties agree, mediation shall
be scheduled and held within thirty (30) days. Mediations may be conducted by one or more members of
the Human Relations Board or by a Human Relations staff member who will not be assigned to the
investigation in the event mediation fails.
(2) Upon the filing of a complaint as set forth in Section 57.05, the Human Relations Official, within one
hundred fifty (150) days, shall make such investigation as the Human Relations Official deems appropriate
to ascertain facts and issues. If, within the one hundred fifty (150) days, the complaint is not resolved and if
the Human Relations Official shall determine that there are reasonable grounds to believe an unlawful
discriminatory practice has occurred and is susceptible of conciliation, then the Human Relations Official
shall attempt to conciliate the matter by methods of initial conference and persuasion with all interested
parties and such representatives as the parties may choose to assist them. Conciliation conferences shall
be informal, and all reasonable efforts shall be made by the parties thereto to reach a settlement. Where
the Human Relations Official deems it necessary for the effective implementation of this Chapter, the
Human Relations Official may designate or appoint agents or investigators to investigate or otherwise
process alleged violations of the Chapter and to assist in attempted conciliation of apparent violations.
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(3) The terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a
consent agreement to be signed by the parties, which agreement is for conciliation purposes only and does
not constitute an admission by any party that the law has been violated. Agreements shall be signed by the
Human Relations Official or on behalf of the Board by the Chairman or the Acting Chairman.
(4) If the Human Relations Official determines that the complaint lacks reasonable grounds upon which
to base a violation of this Chapter, the Human Relations Official shall report his findings and determination
to the Board. The Board in its discretion may order that the matter be closed or order such further
investigation as may be deemed necessary. If further investigation is ordered the results thereof shall be
presented to the Board within thirty(30) days and shall be acted upon by the Board within twenty(20) days.
Nothing in this section shall prohibit a complainant from requesting direct action or an order of investigation
from the Board should the Human Relations Official fail to act on the filed complaint as required by this
section.
(5) If the Human Relations Official, with respect to a matter which involves an alleged contravention of
this Chapter, fail to conciliate a complaint, after the parties, in good faith, have attempted such conciliation,
as provided in Subsection (1) of this section, the Human Relations Official may present the complaint to the
Board, which shall then have thirty (30) days within which to attempt to conciliate the matter by methods of
initial conference and persuasion with all interested parties and such representatives as the parties may
choose to assist them. Conciliation conferences shall be informal, and all reasonable efforts shall be made
by the parties thereto to reach a settlement amenable to all concerned. The Human Relations Official shall
assist the Board in these conciliation attempts. The terms of conciliation agreed to by the parties may be
reduced to writing and incorporated into a consent agreement as provided in Subsection (2).
(6) If the Board, with respect to a matter which involves an alleged contravention of this Chapter:
(a) Fails to conciliate a complaint, after the parties, in good faith, have attempted such
conciliation, or
(b) Determines that a complaint is not susceptible of conciliation, the Board thereafter shall
schedule a public hearing. The Board shall, within ten (10) days after failing to conciliate a
complaint or determining that a complaint is not susceptible of conciliation, serve upon all
interested parties a statement of charges, and a notice of the time and place of the hearing. The
respondent or respondent's authorized counsel may file such statements with the Board prior to the
hearing date as that party deems necessary in support of respondent's position. The hearing shall
be open to the public. The hearing shall be held not less than fifteen (15) days nor more than forty-
five (45) days after service of the statement of charges and notice to the respondent signed by two
(2) members of the Board. The interested parties may present testimony and evidence and shall
have the right to cross-examine witnesses. All testimony and evidence shall be given under oath or
by affirmation. The Board shall not be bound by strict rules of evidence prevailing in courts of law or
equity. The Board shall keep a full record of the hearing, which records shall be public and open to
inspection by any person, and upon request by any principal party to the proceedings, the Board
shall furnish such party a copy of the hearing record, at such cost as is necessary for the
preparation of the copy.
(7) The Board shall make such findings of fact as are supported by the evidence and testimony
presented at the hearing. Should the Board determine that an unlawful discriminatory practice has occurred
or is occurring, the Board shall issue such remedial orders as are necessary to correct the unlawful
discriminatory practice and to require cessation of such practice.
(8) Should the discriminatory practice as determined by the Board fail to be resolved by remedial order,
the Board shall refer the matter to the City Prosecutor for investigation and either prosecution of the
offending party in a court of competent jurisdiction alleging such discriminatory acts as may constitute a
violation of Sections 57.08 through 57.14 of this Chapter with penalties as set forth in Chapter 1.08 of the
City Code, or in addition or in the alternative to apply to the Circuit Court for an order enjoining such
discriminatory act or practice or requiring the offending party to refrain from such prospective discriminatory
acts and for such other remedies as may be deemed necessary and proper.
(9) When any act is required or allowed to be done at or within a specified time by this section, for cause
shown the Board at any time in its discretion may order the period enlarged or may permit the act to be
done when failure to act was the result of excusable neglect.
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(Ord. of 4-23-1973, § 1; Ord. of 11-19-1973, §2; Ord. of 11-25-1974, § 3; Ord. of 8-29-1977, §§2, 3; Ord.
of 6-30-1980, § 1; Ord. of 10-20-1980, § 3; Ord. of 8-17-1981, §§ 1--3; Ord. of 8-29-1983, Doc. #18037;
Ord. of 8-28-1995, Doc. #28748)
Sec. 57.07. Appeals from Decisions of Human Relations Board or Human Relations Official.
Appeal from any final action taken, after hearing, by the Human Relations Board or Human Relations official
shall be by writ of certiorari to Circuit Court, Ninth Judicial Circuit.
(Ord. of 8-28-1995, Doc. #28748)
Editor's note--Former§§ 57.07 and 57.08 were repealed by the city council on 3-23-1992, Doc. #25570,
and new§§ 57.07 and 57.08 were adopted on 8-28-1995, Doc.#28748.
Sec. 57.08. Unlawful Discriminatory Practices in Public Accommodations.
(1) Prohibition. It shall be an unlawful discriminatory practice to discriminate or separate on the basis of
race, color, religion, national origin, marital status, age, sex, or handicap, any place of public
accommodation in the City.
(2) Establishments Covered. A place of public accommodation within the meaning of this Section shall
include, but not be limited to, the following establishments which serve the public:
a. Any inn, hotel, motel or other establishment which provides lodging to transient guests, other
than an establishment located within a building which contains not more than two units for rent or
hire and which is actually occupied by the owner of such establishment as the owners residence.
b. Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain or other facility principally
engaged in selling food for consumption on the premises, including but not limited to, any such
facility located on the premises of any retail establishment, or any gasoline station.
c. Any bar, lounge, nightclub or other facility principally engaged in selling alcoholic beverages for
consumption on the premises, or any facility principally engaged in selling both food and alcoholic
beverages for consumption on the premises.
d. Any motion picture house, theater, concert hall, sports arena, stadium, convention hall or other
place of exhibition or entertainment.
e. Any library or educational facility supported in part or whole by public funds, public conveyance
(to include taxis, limousines, and buses), barber and beauty shop, hospital, laundry, swimming
pool, nursery, kindergarten or day care center.
f. Any establishment which is physically located within the premises of any establishment
otherwise covered by this Section.
g. Any establishment within the premises of which is physically located any covered
establishment, and which holds itself out as serving patrons of the covered establishment.
(3) Limitations and Exemptions.
a. The provision of this Section shall not apply to a private club or other establishment not in fact
open to the public, except to the extent that the facilities of such establishment are made available
to the customers or patrons of such an establishment within the scope of subsection (2)above.
b. Nothing in this Section shall prohibit a religious organization, association or society, or any
non-profit institution or organization, operating, supervised or controlled by or in conjunction with a
religious organization, association or society, from limiting facilities and accommodations which it
owns or operates for other than a commercial purpose to persons of the same religion, or from
giving preference to such persons.
c. Nothing in this Section shall prohibit the limiting of the use of kindergartens, nurseries, day
care centers, theaters and motion picture houses to persons of a particular age group.
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