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2016-05-03 Human Rights Commission BylawsORGANIZATIONAL BYLAWS of the RICHFIELD HUMAN RIGHTS COMMISSION Richfield Human Rights Commission May 3, 2016 TABLE OF CONTENTS I. OFFICERS A. Officers of the Commission B. Nominations and Election C. Taking Office D. Resignations E. Duties of Officers i. Chair ii. Vice -Chair iii. Secretary iv. Treasurer II. COMMISSIONERS A. Orientation of Commissioners B. Attendance C. Duties D. Communications E. Commission property III. LIAISONS TO THE COMMISSION IV. REMOVAL OF COMMISSIONERS A. Requesting Removal of a Commissioner B. Resignation of a Commissioner V. MEETINGS VI. COMMITTEES VII. GRIEVANCE PROCEDURE AGAINST THE COMMISSION VIII. VIOLATION OF MINNESOTA HUMAN RIGHTS ACT—COMPLAINT PROCEDURE IX. THE COMMISSION'S HUMAN RIGHTS AWARD X. AMENDING THE COMMISSION'S BYLAWS APPENDIX A— City Code, Section 305.00. Definitions. APPENDIX B — City Code, Section 305.01. Creation; general requirements. APPENDIX C — City Code, Section 305.03. Establishment of human rights commission. APPENDIX D — Council Memorandum No. 107 — Commissioner Removal Guidelines I. OFFICERS a. Officers of the Commission The officers of the Richfield Human Rights Commission ("the Commission") shall be elected by an affirmative vote of a majority of the members present at a meeting in January for one year and shall include a Chair, Vice -Chair, Secretary and Treasurer. b. Nominations and Election Nominations for Officers from the floor must be made at the January meeting. Each member shall cast a single ballot for each member that he/she wishes to be Chairperson, Vice -Chair, Secretary and Treasurer respectively. The member receiving a majority of the votes cast shall be Chairperson, Vice -Chair, Secretary and Treasurer respectively. If no one receives a majority of votes cast after three ballots, a coin toss shall be performed for that specific office. c. Taking Office These officers shall take office ten days following their election and shall hold office until their successors have been elected and have assumed office. d. Resignations In the event that an officer resigns with more than two months left in his/her term, the Commission, at the next monthly regular meeting shall use the procedure in the preceding paragraphs (IA -IC) to replace the officer, but the newly elected replacement officer shall take office immediately upon election. e. Duties of Officers i. Chair The Chair's duties shall be to: 1. Preside over meetings. Prepare an agenda prior to each meeting and provide it to the members of the Commission and the Staff Liaison five days prior to the meeting. 2. Supervise the distribution of minutes and other reports and to supervise the collection of an ongoing history of the Commission. 3. Represent the Commission in dealing with the City Council, School Board, other commissions in the City, as well as official bodies outside of the City, and any other organization which has dealings with the Commission, or delegate those responsibilities to members of the Commission. 4. Appoint commissioners to serve on committees and/or attend conferences. 5. Annually request the City Council in writing to send at least one representative to all Commission meetings. 6. Annually request the School Board in writing to send at least one representative to all Commission meetings. 7. Prepare an annual report on the Commission's activities, provide a copy of the annual report to Commission members, and present the annual report to the City Council at the City Council's request. 8. Perform such other duties as may be prescribed from time to time by the Commission. ii. Vice -Chair The Vice -Chair's duties shall be to: 1. Represent the Chair in the Chair's absence. 2. Assist the Chair in carrying out his/her duties. 3. Maintain inventory of, manage and distribute Commission property, according to established guidelines. 4. Perform such other duties as may be prescribed from time to time by the Commission. iii. Secretary The Secretary's duties shall be to: 1. Attend all meetings of the Richfield Human Rights Commission, or find a replacement member to fulfill his/her duties for that meeting. 2. Record all proceedings of such meetings and maintain the minutes in a minute book. 3. Submit minutes of each meeting to the appropriate staff liaison for distribution to commissioners within ten days of such meeting. 4. Prepare a yearly attendance report for the Commission and distribute such report to the members of the Commission and the Staff Liaison at the first regular meeting of each calendar year. 5. Perform such other duties as may be prescribed from time to time by the Commission. iv. Treasurer The Treasurer's duties shall be to: 1. Keep accurate financial records for the Commission. 2. Deposit all monies, drafts and checks in the name of, and to the credit of, the Commission. 3. Endorse for deposit all notes, checks, and drafts received by the Commission in such banks and depositories as the Commission shall designate from time to time. 4. Disburse the funds of the Commission, as ordered by the members of the Commission. 5. Render to the Chair and the members at each regular meeting an account of all of his/her transactions as Treasurer and of the financial condition of the Commission and prepare a year-end report to be distributed to the members of the Commission and the Staff Liaison at the first regular meeting of each calendar year. 6. Perform such other duties as may be prescribed from time to time by the Commission. II. COMMISSIONERS a. Orientation of Commissioners i. Once appointments are made, newly appointed commissioners shall attend an orientation session prior to their first regular meeting as arranged by the Chair if not organized by the City. ii. They will also receive an overview of their Commission's purpose, attendance requirements, meeting dates, etc., prior to their first regular meeting, arranged for by the Chair. All new appointees to the Commission shall receive a notebook including Bylaws, a copy of the Minnesota Human Rights Act, the last six months of meeting minutes and the most recent annual report. b. Attendance Commission members are required to attend all Commission meetings. Commission members shall notify the Commission Chair or staff liaison if he or she is unable to attend a meeting. (City Code 305.01, Subd. 5 Attendance). c. Duties The Commissioners' duties shall: i. Study and review programs and policies and aid the City Council in enlisting the cooperation of agencies, organizations, and individuals in the City in an active program directed to create equal opportunity and eliminate discrimination and inequalities. ii. Have knowledge about Commission activities as summarized in its records. iii. Advocate positions on behalf of the Commission when specifically approved by the Commission. iv. Perform such other duties as may be prescribed from time to time by the Chair or a majority vote of the Commission. d. Communications Commissioners may communicate information on behalf of the Commission provided it is consistent with information summarized in its records and approved by the Commission. Commissioners shall not be precluded from communicating personal opinions so long as it is made clear that their personal opinions do not represent the position of the Commission. e. Commission property Any Commission property shall be checked out with the Vice -Chair and returned to the Vice -Chair after use. III. LIAISONS TO THE COMMISSION a. Liaisons Include There are three liaison seats to the Commission, including a Richfield City Council representative, a Richfield School Board representative and a Richfield staff member. b. Richfield Staff Member A staff member designated by the Richfield City Manager, or "Staff Liaison" shall: i. Attend all Commission meetings ii. Distribute minutes, agendas and other pertinent notices. iii. Provide such additional support as is designated by the Commission with the consent of the City Manager. IV. REMOVAL OF COMMISSIONERS Commission members serve at the pleasure of the City Council and, unless prohibited by law, may be removed by the Council at any time for any reason, including but not limited to, excessive absences from commission meetings. (City Code 305.01, Subd.6). a. Removal Guidelines and Process Regarding Excessive Absences of a Commission Member i. If the staff liaison and chairperson to a commission determine that a commission member has been excessively absent from regular commission meetings, the Commissioner Removal Guidelines —Council Memorandum No. 107 as outlined in APPENDIX D shall be followed. ii. Prior to beginning the process for removal, the commission staff liaison and chairperson shall bring this action before the commission for discussion. b. Resignation of a Commissioner In the event that a commission member wishes to resign from the Commission, the member shall send notice of their resignation to the Richfield City Manager or designee. V. MEETINGS a. Regular Meetings There shall be at least one regular meeting on the first Tuesday of each calendar month at Richfield City Hall at 6:30 PM unless a majority vote designates otherwise the time or place. b. Special Meetings i. Criteria for Special Meetings The Commission may hold special meetings to complete or initiate business at the call of the Chair, or upon the request of three members of the Commission. ii. Notice for Special Meetings Each member shall be notified at least forty-eight hours prior to any special meeting, of the time, place and purpose of the same. c. General Provisions for Meetings i. Open Meetings All meetings shall be open to the public unless otherwise permitted by the Minnesota Open Meeting Law and agreed to by a majority of commissioners at an open meeting. ii. Quorum A quorum shall consist of a majority of the members appointed. If a quorum is not present at any meeting, the Chair must adjourn the meeting, or recess the meeting at the call of the Chair. iii. Sturgis' Standard Code of Parliamentary Procedure Shall Govern Meetings At all meetings of a Commission where formal action is required on a matter, the meeting shall be governed by Sturgis' Standard Code of Parliamentary Procedure. At meetings where no action is required, no formal parliamentary procedure shall govern the conduct of the proceedings unless necessary such as when a formal motion is before the Commission (City Code 305.01, Subd.9.b) VI. COMMITTEES a. Committee Organization i. Committee Reports Committee Chairs or their representatives shall report at each regular meeting. ii. Duties and Responsibilities The duties and responsibilities of the various committees shall be defined at the time of their formation by the Commission. b. Committee Membership i. Committee Records All committees shall maintain records of all meetings, recommendations, actions, memberships, etc., and shall provide for inclusion in the minutes: 1. Committee name. 2. Date, place, time and attendance. 3. Subject of meeting. 4. Activities, conclusions and recommendations. 5. If possible, time and place of next meeting. 6. Each committee, with the approval of the Commission, may state the number of citizens it chooses to have as members of that committee. ii. Committee Selection Citizens can be selected by the Commission for committee membership. iii. Removal of Members The Commission may remove a committee member from a committee at any time by majority vote. iv. Committee Voting and Reporting Citizens shall have voting rights only at committee meetings. Committee reports to the Commission shall be presented by the Committee Chairperson. Any committee member may make a minority report. VII. GRIEVANCE PROCEDURE AGAINST THE COMMISSION Mediation services and grievances related to the work of the Commission will be handled through services provided by the City of Richfield. VIII. VIOLATION OF MINNESOTA HUMAN RIGHTS ACT—COMPLAINT PROCEDURE A claim of an unfair discrimination practice may be filed in a charge with the Richfield Human Rights Commission or the State Commissioner of Human Rights within one year after the occurrence of the practice. The Richfield Human Rights Commission may investigate complaints of alleged human rights violations following the Complaint Process formulated by the State Department of Human Rights or refer a complaint to the State Commissioner at the Minnesota Department of Human Rights. IX. THE COMMISSION'S HUMAN RIGHTS AWARD The Commission may present the Gene and Mary Jacobsen Award to an individual, organization or corporation that has made significant contributions to ensuring the human rights of people of Richfield. Such presentation must be approved at a regular or special meeting by majority vote. The nominee must meet the criteria established by the Commission. X. AMENDING THE COMMISSION'S BYLAWS a. Two -Thirds Vote to Amend These articles can be amended by approval of two-thirds of the current Commission membership at a regular Commission meeting. b. Proposed Amendments to Commissioners Proposed amendments shall be mailed to Commission membership five days prior to the regular Commission meeting at which they are to be voted upon. c. Reviews The Bylaws shall be reviewed by the Commission every three years. APPENDIX A 305.00. - Definitions. Subdivision 1. The following terms, when used in this Section, shall have the following meanings unless the context clearly indicates otherwise: Subd. 2. "Commission" means a body established by the City Council to advise the Council on matters of municipal concern. The terms "commission" and "board" may be used interchangeably in this Section. Subd. 3. "Youth" means an individual who is at least 15 years of age. (Added, Bill No. 2015-17) APPENDIX B 305.01. - Creation; general requirements. Unless otherwise provided by law or herein, the provisions in this subsection apply to all City commissions. Subdivision 1. Creation. A Commission may be established by a majority of the City Council. The Council shall adopt a resolution or ordinance that will describe the purpose and function of the Commission. City Commissions are advisory bodies to the City Council. The Council shall periodically review the role, responsibilities and procedures of each Commission. The Council may eliminate a Commission by adopting a resolution or ordinance rescinding the resolution or ordinance establishing the Commission. Subd. 2. Residency. Members of city commissions shall be residents of the City, unless an ordinance or resolution expressly provides otherwise. Subd. 3. Terms. The City Council shall appoint members to the commissions for terms not to exceed three years. No member shall serve more than three consecutive terms on the same Commission. Appointment to serve on a Commission for a period of time greater than one-half of a complete term shall be counted as a full term. If the Council appoints an individual who had a break in continuous service of at least one full term, it shall be treated as a first -term appointment. Commissioners may only serve on one Commission at a time. Subd. 4. Youth appointments. The City Council may appoint a maximum of two youth members to certain commissions. Terms for youth appointments shall be one year, commencing on September 1 and ending on August 31. No youth member shall serve more than three consecutive terms on the same Commission. Except as otherwise provided for by resolution of the Council, youth members must be residents of the City and enrolled in a high school or equivalent. A youth member may only serve on one Commission at a time. Subd. 5. Attendance. Members are required to attend regular commission meetings. Commission members shall notify the Commission Chair or staff liaison if he or she is unable to attend a meeting. The Council shall conduct an annual review of the attendance of members of City commissions. Subd. 6. Removal/vacancy. Commission members serve at the pleasure of the City Council and, unless prohibited by law, may be removed at any time for any reason, including but not limited to, excessive absences from commission meetings. When a vacancy occurs, the Council shall appoint a Page 1 person to fill the unexpired term of the vacated seat. Unless provided otherwise by law or city resolution, a seat on a Commission is vacated upon any of the following: (a) Death; (b) Removal of legal residence in the City; (c) Resignation in writing presented to the City Manager, or designee; (d) Removal by the Council; or, (e) Election or appointment to a public office. Subd. 7. Committees. Commissions may establish committees from time to time as the need arises. Subd. 8. Staff/council liaisons. Each January, the City Council shall designate a Council member as liaison and one alternative liaison to each Commission. The City Manager shall appoint one City employee to serve as a staff liaison to each Commission. Council and staff liaisons are not voting members of a Commission. Subd. 9. Bylaws/rules of procedure. (a) Commissions may adopt bylaws to govern meeting procedures and other matters not addressed in this Section. If the bylaws of a Commission and this Section conflict, this Section shall prevail. Commissions may amend bylaws with approval of a 2/3 majority vote of the Commission. (b) At all meetings of a Commission where formal action is required on a matter, the meeting shall be governed by Sturgis' Standard Code of Parliamentary Procedure. At meetings where no action is required, no formal parliamentary procedure shall govern the conduct of the proceedings unless necessary such as when a formal motion is before the Commission. (Added, Bill No. 2015-17) APPENDIX C 305.03. - Establishment of human rights commission. Subdivision 1. Scope of section. It is declared that it is the public policy of the City to fulfill its responsibilities as a partner of the state department of human rights in securing for all citizens equal opportunity in housing, employment, public accommodations, public services and education, and to fully implement those goals set forth in Minnesota Statutes, Chapter 363A, the Minnesota Human Rights Act. Subd. 2. Establishment of commission. There is established and continued a human rights commission. Subd. 3. Purpose of commission. The purpose of the Commission is to secure for all citizens equal opportunity in employment, housing, public accommodations, public services and education and full participation in the affairs of this community and to take appropriate action consistent with the Minnesota Human Rights Act. The Commission shall also advise the City Council on long range programs to improve human relations in the City. Subd. 4. Composition of the commission. The Commission consists of 13 members appointed by the Council. Eleven members shall be appointed for terms of three (3) years, except that (i) a person appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor in that term was appointed shall be appointed only for the remainder of such, and (ii) two (2) persons shall be appointed as "youth" members for one (1) year terms. The two (2) youth members shall be given all rights, privileges and responsibilities granted to the other appointed members. Members serve without compensation and may be removed from office at any time by the Council. Subd. 5. Commission's responsibilities. The Commission shall: Page 2 (a) Adopt bylaws and rules for the conduct of its affairs including the election, assumption of duties and definition of responsibilities of officers and committees; (b) Engage in discussions with the state department of human rights for the purpose of delineating cooperative regulatory and enforcement procedures; Enlist the cooperation of agencies, organizations and individuals in the community in an active program directed to create equal opportunity and eliminate discrimination and inequalities; (d) Formulate a human relations program for the City to provide increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programming in the area of civil and human rights; (e) Advise the City Council and other agencies of the government on human relations and civil rights problems and act in an advisory capacity with respect to planning or operation of any City department on issues of civil and human rights and recommend the adoption of such specific policies or actions as are needed to provide for full equal opportunity in the community; Study, investigate and assist in eliminating alleged violation of Minnesota Statutes, Chapter 363A by conference, conciliation and persuasion, and when necessary, cooperate with the state department of human rights in enforcing the provisions of the state act; Develop such programs of education as will assist in the implementation of the Minnesota Human Rights Act and foster the Commission's assumption of leadership in recognizing and resolving potential human rights problems in the community; and (h) Develop and implement programs that enhance the advancement of human rights in the community and that promote an awareness of and appreciation for cultural diversity. Subd. 6. Investigations, enforcement, penalties. The Commission may receive and investigate complaints of alleged violations of this subsection. Investigations shall conform to the Complaint Process formulated by the State Department of Human Rights. (c) (f) (g) (Amended, Bill No. 2015-17) Page 3 Appendix D CITY OF RICHFIELD, MINNESOTA Office of City Manager December 17, 2015 Council Memorandum No. 107 The Honorable Mayor and Members of the City Council Subject: Commissioner Removal Guidelines Council Members: At the December 8, 2015 City Council meeting, the Council asked that guidelines for commissioner removal be drafted that would provide structure to the removal process of a commission member for excessive absences. Under City Code, Section 305, Subd. 5, Attendance, commission and board members are required to attend regular commission meetings and notify the Commission Chair or staff liaison if he or she is unable to attend a meeting. Under Section 305, Subd. 6, RemovalNacancy, a commission member can be removed by the City Council for excessive absences. The staff liaison team and the City Attorney have formulated draft guidelines for City Council consideration and feedback. The guidelines provide for an interaction process with the commission member to determine if the absences can be adequately and quickly addressed. They also minimize the public exposure for the removal process. If the staff liaison and chairperson to a commission determine that a commission member has been excessively absent from regular commission meetings, the process for removal is: 1. The staff liaison notifies the City Manager's office, in writing, of the name of the commissioner who is being recommended for removal, a detailed listing of absences and any other relevant information (i.e. impact on commission, etc.). 2. The City Manager's office will notify the commission's City Council liaison, who will reach out to the commission member to see if the absences can be resolved and warn of impending removal from the commission. 3. If no resolution is attained that can assure regular attendance at, future commission meetings, then the removal of the commissioner will be included as a Consent Calendar item on the next City Council meeting agenda. 4. Staff will prepare a staff report recommending removal of the commissioner "due to excessive absences, pursuant to City Code Section 305, Subd. 6." 5. After City Council action is taken, a formal written notice, signed by the Mayor, will be sent to the commissioner advising him/her of their removal, effective the date of the City Council action. 6. The City Council will also need to determine when to fill the commission vacancy (either wait to fill it during the City's next bi-annual recruitment or fill it as soon as possible). Due to the urgency of getting guidelines in place prior to the upcoming commissioner selection process and beginning of new terms, please contact Assistant City Manager/HR Manager, Pam Dmytrenko, with any questions or comments. ully submitt e en L. Devic City Manager SLD:pd Email: Assistant City Manager Department Directors 44,