Loading...
HomeMy WebLinkAboutOrd 5228 12/18/2001ORDINANCE NO. 5228 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE XVII TO ESTABLISH A COMMUNITY RELATIONS COMMISSION FOR THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 18TM day of December, 2001 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 19TM day of December, 2001 ORDINANCE NO. 5228 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE XVII TO ESTABLISH A COMMUNITY RELATIONS COMMISSION FOR THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Chapter 5, Article XVII of the Village Code of Mount Prospect, Cook County, Illinois, shall be amended to add the following: Sec. 5.1701. Establishment and Statement of Mission. There is hereby established a Community Relations Commission ("Commission"). The mission of the Community Relations Commission shall be to foster and promote understanding, mutual respect, cooperation and positive relations between and among all residents of Mount Prospect regardless of race, color, sexual orientation, religion, gender, age, disability, national origin or ancestry to the end that a sense of shared community among residents is strengthened, the value of each individual is affirmed and the constitutional rights of all are realized. Sec. 5.1702. Membership. The Community Relations Commission shall consist of five (5) members appointed by the Mayor with the advice and consent of the Trustees. The initial terms shall be as determined bythe Mayor. The terms shall be established so that no more than two terms end at the same time and so that subsequent members' terms will be for three (3) years ending on April 30th of the final year of service. A member of the Board of Trustees may serve on the Commission, but the Commission will not be required to have a trustee as a member. A member may be removed at any time by a majority vote of the Mayor and Board of Trustees. There shall be no quotas for assuring diversity of membership on the Commission, but appointments shall be made with diversity as a primary objective. Sec. 5.~703. Functions. The Community Relations Commission shall act in an advisory capacity to the Mayor and the Board of Trustees subject to the provisions of Section 5.1704 shall: Assist residents in discovering opportunities to gather, contribute, volunteer and participate in neighborhood and community events and services. Cooperate with and enlist the aid of other commissions, organizations, schools, religious institutions and neighborhood and civic groups in actively promoting goodwill and understanding among the people of the community. Receive, hear and investigate noncriminal complaints or charges of practices of discrimination or acts of prejudice or intolerance against any person or group because of race, color, religion, ancestry, national origin, gender, sexual orientation, age or disability by a Village official and to make recommendations for the resolution of such matter. Initiate or conduct educational or informational programs if the Commission believes that acts of intolerance are occurring within the community or if the Commission believes that programs will further the purpose for which it was established. Receive, investigate and hear complaints of unlawful real estate practices according to Chapter 23, Article Xll of this Code. Coordinate the amicable settlement of disputes between or among residents through mediation and conciliation services. Render an annual written report to the Village Mayor and Board of Trustees and issue such special reports concerning its work and investigations as it and the Mayor and Board of Trustees may consider desirable. Perform such other duties and exercise such other powers as the Mayor and Board of Trustees may assign to it. I. With respect to the Village's Community Development Block Grant Funds: (1) Conduct public hearings where required by law; (2) Review requests for funding from non-Village agencies and make recommendations with respect to such requests. The Commission shall have no jurisdiction over decisions, legislation or determinations of the Village Board or its members for actions taken while sitting as the Village Board. Further, the Commission shall have no jurisdiction to hear appeals, complaints or grievances from or based on actions or decisions of the Planning and Zoning Commission, the Local Liquor Control Commissioner or any Village Hearing Officer with respect to business licenses or zoning or building Code matters. Likewise, the Commission shall have no jurisdiction to hear complaints lodged by Village employees. Section 5.1704. Definitions. The following terms shall have the following meanings when used in these Rules of Procedure: "Answer" means a reply to a Complaint, verified on oath, and filed with the Commission, in the manner and form set forth in these guidelines. "Chair" means the appointed Chairperson of the Commission. "Code" means the Mount Prospect Village Code (1981), as it has been and may be amended from time to time. "Commission"means the Community Relations Commission of the Village of Mount Prospect. "Complainant" means any person or persons that has filed a Complaint with the Commission. For purposes of this Article XVII, complainant shall not include employees of the Village. "Complaint" means a written allegation on a form supplied by, and filed with, the Commission alleging an act of Discriminatory Conduct committed by an official of the Village. "Discriminatory Conduct"means an act of discrimination committed by an official of the Village against a person because of his or her race, color, sexual orientation, religion, gender, age, disability, national origin or ancestry. "Respondent"means any person or persons who is a Village Official and is accused by a Complainant of engaging in Discriminatory Conduct against a Complainant. "Secretary" means the individual that is appointed to be the Secretary of the Commission pursuant to subsection 5.1706D of these Rules. "Supervisor; means the current head of the Village department in which the Respondent was employed at the time that the Discriminatory Conduct was alleged to have occurred. '¥ice-Chair; means the individual that is appointed to be the Vice-Chair of the Commission pursuant to subsection 5.1706B of these Rules. '¥illage"means the Village of Mount Prospect, Cook County, Illinois. "Vi//age Board" means the Mayor and Trustees of the Village of Mount Prospect, Cook County, Illinois. '¥illage Official" means an officer or employee of the Village. Section. 5.1705. Commission Organization. A. Officers. The Commission shall have a Chair, who shall be appointed by the Village President, and a Vice-Chair, who shall be appointed by the Commission. In the absence of the Chair and Vice-Chair, the Commission shall elect a temporary Chair to act as Chair. B. Creation of Subcommittees. The Chair, with the consent of a majority of the voting members present at the meeting at which the consent vote is taken, may establish and appoint a subcommittee chair and members to such subcommittees of the Commission as may be necessary from time to time to make reports to the full Commission in connection with the duties assigned to the Commission. C. Secretary of the Commission. The Village Manager shall appoint a staff liaison to the Commission who shall be the Secretary of the Commission. The Secretary shall not be considered a member of the Commission and shall not vote on any matters. D. Quorum. A quorum shall consist of three of the voting members of the Commission meeting in compliance with the Illinois Open Meetings Act. Section 5.1706. Commission Meetings. A. Open Meetinqs Act; Recording of Meetinqs. Due notice shall be given of all meetings of the Commission, and any of its subcommittees, and shall be scheduled and held in the manner provided in the Illinois Open Meetings Act. All hearings on complaints shall be audio taped or recorded by a certified stenographic reporter. B. Regular Meetings. The Commission shall hold its regular meetings not less than quarterly, but may meet more often if the Commission or the Mayor and Board of Trustees deem it necessary. The Commission shall establish a schedule of its regular meeting for each calendar year prior to the beginning of each calendar year. All meetings shall be held on Village property unless otherwise approved by the Village Manager. C. Special Meetinqs. The Commission may call and conduct such special or emergency meetings as it determines may be necessary from time to time. D. Robert's Rules of Order. Robert's Rules of Order Newly Revised, current edition, shall govern the conduct of meetings of the Commission and its subcommittees. However, Robert's Rules of Ordershall not govern where they conflict with these Rules of Procedure or other applicable law. E. Workshops. The Commission may hold such workshop sessions as it determines may be necessary from time to time. F. Closed Meetings. The Commission may hold meetings or portions of meetings that are closed to the public only in accordance with applicable law. Notice of Absence. Any member of the Commission who is unable to attend any meeting, shall notify the Chair, his or her designee, or the staff liaison. Such notice shall be provided as far in advance as is practical under the circumstances. H. Minutes shall be kept of all regular and special meetings of the Commission. All hearings or complaints shall be audio taped or recorded by a certified stenographic reporter. Section 5.1707. Order of Business/Agendas. A. Establishin.q the A.qenda. The Chair shall establish the items to be included on the agenda for each meeting of the Commission. In establishing each agenda, the Chair shall consider the number of pending Complaints and other agenda items, the complexity of such matters, and any applicable time constraints for the processing of such matters. B. Order of Business. In general, the order of business for each agenda shall contain the following items in the following order: Call to Order. Performed by the Chair, the Vice-Chair or the temporary Chair. 2. Roll Call. Performed by the Secretary or his or her designee. Consideration of Minutes. Consideration of any unapproved minutes of any previous Commission meetings. Comments from the Public. Members of the public may speak without interruption fora duration of time determined bythe Chair. The Chair may limit the number of questions Commission members may direct to the speaking members of the public and that members of the public may direct to the Commission members. Communications Received. Report by the Chair of any correspondence or other communications received by the Commission since the last meeting, including Village Board actions on Commission reports or actions by other Village boards and commissions on Commission reports, related Village staff activities and pending legislation. 6. Discriminatory Conduct Complaints. Reports. Consideration of reports of findings and Commission recommendations. Continued Complaints. Consideration of Complaintsforwhich the hearing or meeting has previously been convened and continued by the Commission and on which testimony has been heard by the Commission. New Complaints. Consideration of Complaints for which no hearing or meeting has previously been convened or on which no testimony has been heard by the Commission. Other Agenda Items. Consideration of other items not related to Complaints. Old Business. Consideration of any matters previously before the Commission. New Business. Consideration of any matters not previously before the Commission. 10. Adiournment. C. Modification of Order of Business, The order of items on the agenda as distributed may be modified or rearranged by the Chair, for good cause shown, with the consent of the Commission. In the case of a special meeting, no items may be discussed that are not on the posted agenda. D. Distribution of Agenda and Related Materials. The agenda for each Commission meeting shall be posted in accordance with applicable law. The agenda and all relevant materials prepared by Complainants or Village staff shall be distributed to each Commission member. Unless it is objectively impractical to do so, the agenda and supporting materials shall be distributed at least forty-eight (48) hours in advance of the meeting. E. Votinq. General Matters. Except as required by Paragraph 3 below, the Commission may take action to conduct its business without a written resolution before it. In such cases, the vote required to approve such an action shall be a majority of those voting members present. Minority or Dissenting Reports. Members of the Commission may file minority or dissenting reports in support of any position concerning a matter brought before the Commission. Reports and Findin.qs on Complaints. The Commission shall vote to approve a report of findings and to make a recommendation on a Complaint only by adoption of a wdtten resolution. In such cases, the vote required to pass such resolution shall be a majority of the voting members of the Commission present at the meeting at which the vote is taken. A roll call vote shall be taken on all resolutions. A member absent from all orany portion of a hearing on a Complaint shall not be qualified to vote on the matter unless that member first certifies that he orshe has reviewed the entire record of such missed portion of the hearing and has been fully informed of the essential facts and issues of the matter being heard so as to be able to make an informed and independent vote. Section 5.'1708. Discriminatory Conduct Complaint Procedures. A. Filing Procedures for Complaints of Discriminatory Conduct. Filing a Complaint of Discriminatory Conduct. The following procedures shall be employed by individuals seeking to file a complaint through the Commission for alleged Discriminatory Conduct by a Village Official. Eligibility For Filing. Any person claiming to be aggrieved by discriminatory conduct of a Village Official while that official was acting within the scope of his or her authority may file a Complaint. Complaint Form. A person wishing to file a Complaint must submit the particulars of his or her Complaint on a standardized Complaint form provided by the office of the Village Manager. Anonymous complaints will not be considered. Place of Filing. The Complainant shall return the Complaint either by regular mail, facsimile or in person to the address designated on the Complaint. Time of Filing. A Complaint must be filed no later than sixty (60) days from the date of the last occurrence of the alleged discriminatory conduct. Response to Filin.q. Subject to Section 5.1709, within thirty (30) days of receiving a fully executed and completed Complaint, the Secretary to the Commission shall: (i) schedule a Commission hearing on the Complaint in accordance with provisions of the Illinois Open Meetings Act, on a date not later than sixty (60) days after receiving the fully executed and completed Complaint, unless automatically postponed pursuant paragraph f of this Section or waived by the Complainant pursuant to paragraph g of this Section; and (ii) deliver a copy of the Complaint to the parties listed below, along with a written notice of the time and place of the hearing (unless waived by the Complainant): a. the Complainant; b. the Chair and the other members of the Commission; the Supervisor (if a complaint is lodged against employee); d. the Village Manager; and e. the Village Board. The notice to the Supervisor shall advise the Supervisor that the Respondent, or the Supervisor, or both, may attend the hearing and present testimony to the Commission on the scheduled date. It shall be the responsibility of the Supervisor to notify the Respondent of the Complaint. f. Automatic Postponement for Pendinq Liti.qation. Notwithstanding anything in these Rules to the contrary, no hearing shall be scheduled or conducted with respect to a Complaint that is related to, or concerns, a matter that is the subject of any pending litigation in a court of law until a date that is at least thirty (30) days after the final disposition and adjudication of such litigation. Waiver. A Complainant may waive his or her right to a hearing. In such event, the Commission shall base its Report and Findings, and any recommendation, on the Complaint and the written Answer, if any, provided by the Supervisor or the Respondent. Answerin.q a Complaint. The Supervisor and the Respondent shall have the right, but not the obligation, to respond to the Complaint. Any such response shall be in accordance with the following: Place of Filing. The Answer may be filed by the Supervisor or the Respondent by regular mail, facsimile, or in person to the Secretary cio the office of the Village Manager at the Village Hall. Content of the Answer. The Answer shall contain the full name of the Respondent, and if represented by an attorney, the name and address of the attorney. The Answer may contain a denial, a rebuttal or an admission of the Complaint, in part or in whole, as well as documentary evidence to indicate the verity of such denial. Time of Filinq. The Answer shall be filed within fourteen (14) days from the date of service of the Complaint upon the Supervisor. Commission and Subcommittee Procedures for Complaint Hearinqs. Hearinqs by a Quorum. No hearing shall take place unless a quorum is present. Standards of Decorum. All Commission members and all others attending hearings of the Commission shall conduct themselves in a manner that shall not disrupt the business of the Commission. The use of cellular phones in the meeting room is prohibited. The Chair may indicate that persons who become personally abusive or in other ways violate ordinary standards of decorum will be ruled out of order and if the violation persists, be required to leave the meeting room. Introduction by the Chair. General. The Chair shall begin each hearing by announcing the name of the Complainant and the title of the Complaint. The Chair shall explain the procedures for conducting the hearing. Swearing In Witnesses. The Chair shall administer an oath to all persons intending to testify during the course of the hearing, whether for the Complainant, the Supervisor or for the Respondent. Counsel. Parties to the Complaint will be permitted to attend the hearing accompanied by attorneys, but such attorneys will be allowed to par[icipate in the hearing only as advisors to their clients. Such attorneys shall refrain from speaking on behalf of their clients or cross-examining other parties. Time Limits. Prior to the start of the hearing or meeting, the Chair, in conjunction with appropriate Village staff, shall establish reasonable time limits for the oral presentation of the Complaint by the Complainant, for the Answer by the Supervisor and, or the Respondent, if attending, and for the testimony of witnesses, if any. Chair's Summary of Complaint. The Chair or his or her designee shall explain, in summary form, the basic facts of, and relief requested in, the Complaint. Complainant's Presentation. The Complainant shall present the Complaint in such form and with testimony of witnesses and other evidence as the Complainant deems desirable. In general, the Commission shall allow the Complainant to make this presentation without interruption, except for those questions allowed by the Chair that may be immediately necessary to aid the Commission in understanding the material being presented. 10. 11. Supervisor and Respondent's Presentation. If in attendance, the Supervisor, based on his or her internal investigation, and the Respondent, on his or her own behalf, may answer the Complaint in such form and with testimony of witnesses and other evidence as he or she deems desirable. In general, the Commission shall allow the Supervisor and, or the Respondent to make this presentation without interruption, except for those questions allowed by the Chair that may be immediately necessary to aid the Commission in understanding the material being presented. Prohibition of Cross-Examination. No party shall be entitled or permitted to cross examine or ask questions of any other party. All questions and comments shall be directed to the Commission. Questions by the Community Relations Commission. At the conclusion of each presentation, the Commission members may ask such questions of the Complainant, the Supervisor, the Respondent or the witnesses as may be necessary to clarify the material presented. Commission Statements. Members of the Commission may read statements related to the Complaint into the hearing record. Commission Discussion and Deliberation. Following testimony, the Commission may close the hearing and discuss, in an orderly fashion, the Complaint and all material presented. During this discussion, members of the Commission may ask the Chair to direct additional questions to the Complainant, the Supervisor, the Respondent or witnesses during this portion of the meeting. Report and Findinqs. At the conclusion of any hearing, subject to Section 5.1709, a written draft Report and Findings shall be prepared by the Commission in the manner it deems appropriate. The draft Report and Findings shall be distributed to the Commission members for review at the next scheduled meeting. The Report and Findings shall be based solely on the statements, documents and other evidence provided at the hearing by the Complainant, the Supervisor and the Respondent. It shall include: a. brief statement of the Complaint; b. the solutions sought by the Complainant; the recommended solution of the Supervisor and/or the Respondent; d. findings of fact; e. a determination of whether the Complaint has merit; and f. The proposed recommendations of the Commission. 12. Commission Action. Upon receipt and review of the Report and Findings, the Commission shall, by resolution duly adopted, either (a) approve the Report and Findings in the form as drafted or (b) approve the Report and Findings with designated modifications. Although the Commission shall have the right to make recommendations, it shall have no obligation to do so in the final resolution. 13. Transmittal of Commission Action Documents. The Secretary shall, within fourteen (14) days after the conclusion of the meeting at which the Commission approved a Report and Findings, transmit the same along with any minority reports to the Village Manager. The Village Manager will then provide copies of the report to the Village Board, the Complainant, the Supervisor and the Respondent. The Village Manager will also notify the Village Board of any change in administrative procedures or any disciplinary action that has been or will be taken with respect to any employee. 14. Continuances. Any Complainant, Supervisor or Respondent, may request, and shall be granted, one continuance, without cause, of a hearing on a Complaint. If a Complainant fails to appear at a scheduled hearing without giving prior written notice to the Secretary and has not previously used a continuance, the hearing shall be continued. Any further requests for a continuance by the Complainant, Supervisor or Respondent, shall be subject to the approval of the Commission for good cause shown. 15. Withdrawal of Complaint. If the Complainant chooses to withdraw his or her Complaint, then the proceeding may be deemed complete and the Commission shall have no obligation to transmit a Report and Findings to the Village Board. However, if the Complainant alleges that he or she withdraw his or her Complaint because he or she was the subject of overt acts of retaliation, harassment or threats committed by an official of the Village, then the Complainant may renew his or her prior Complaint within sixty days of the alleged overt retaliatory, harassing or threatening act in conformity with these Rules. ection 5.1709. Fire and Police Personnel. It is required that the hiring, promotion and discipline of sworn fire and police personnel be governed by specific state and local law. Because of the specificity and complexity of these procedures; it is neither practical nor proper to have them compromised in any manner by providing a concurrent process for investigating or hearing complaints against such officials. Therefore, while retaining the authority to receive complaints against sworn fire or police personnel, the Commission will immediately forward such complaints to the respective Fire or Police Chief. The appropriate Chief will then provide a written monthly report to the Commission and the Village Manager as to the procedural progress of the matter and will file a final report describing its ultimate disposition. Occasionally, certain portions of a final disposition may be subject to a confidentiality requirement. In such instances, these portions may not be transmitted to the Community Relations Commission. However, no disposition to be presented to the Board of Fire and Police Commissioners may be subject to confidentiality provisions unless approved in writing by the Village Manager. If, after all administrative and judicial appeals have been exhausted, the complainant is not satisfied with the result, the complainant may then request a hearing on the matter before the Commission and such hearing shall be conducted pursuant to these rules. In the event a hearing is commenced pursuant to this Section 5.1709, the Commission may make recommendations with respect to avoiding such complaints in the future, but shall make no recommendation with respect to the disciplining of the Respondent. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 18th day of December, 2001. Velma V(/. Lowe, Village Clerk -'"Gerald L. Farrey, VillageCPreside,~t' / /