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Home My WebLink About4710-18 Approving the renewal of the Human Rights Ordinance Interlocal Agreement RESOLUTION No. 4710-18 Passed by the Common Council of the City of South Bend, Indiana April 23, 20-L8—. Attest: City Clerk Kareemah N. owh�, Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 2 , 20 18. City Clerk �areemah N. F r Approved and signed by melt 1 � 20 I Mw Bill No. 18-17 RESOLUTION NO. 4710-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING RENEWAL OF THE HUMAN RIGHTS ORDINANCE INTERLOCAL AGREEMENT WHEREAS, the St. Joseph County Council approved the St. Joseph County Human Rights Ordinance,No. 18-17, on February 14, 2017 which was subsequently approved by the St. Joseph County Board of Commissioners on February 21, 2017, which Ordinance is substantially identical to the South Bend Human Rights Ordinance, as amended; and WHEREAS,the St. Joseph County Human Rights Ordinance designated the Indiana Civil Rights Commission as the agency to enforce the St. Joseph County Human Rights Ordinance, but St. Joseph County reserved the right to designate an alternative local agency to enforce the St. Joseph County Human Rights Ordinance at such time as the alternative local agency would be in existence and eligible to carry out that enforcement; and WHEREAS,the St. Joseph County Council by Ordinance by No. 66-17 passed on September 12, 2017, and approved by the Board of Commissioners of St. Joseph County on September 14, 2017, and the South Bend Common Council by Ordinance No. 10542-17 passed on September 26, 2017, approved and entered into an Interlocal Agreement whereby the South Bend Human Rights Commission was designated as the enforcement body for the St. Joseph County Human Rights Ordinance ("the Interlocal Agreement"); and WHEREAS, both parties desire to renew the terms of the Interlocal Agreement through calendar year 2018, and, therefore, desire to enter into the 2018 Renewal of Interlocal Agreement Between the City of South Bend Human Rights Commission which is attached hereto as Exhibit A; and WHEREAS, it is in the mutual interest of the City of South Bend and the County of St. Joseph that the South Bend Human Rights Commission continue to be the enforcement body for the St. Joseph County fluman Rights Ordinance. NOW, THEREFORE, be it RESOLVLED by the Common Council of the City of South Bend, Indiana, that: Section 1. The Council hereby approves the 2018 Renewal of Interlocal Agreement Between the City of South Bend Human Rights Commission and the County of St. Joseph for Enforcement of the County's Human Rights Ordinance in the form attached hereto as Exhibit "Ali Section II. No funds are required from St. Joseph County("the County") during this Renewal Term. However, the data for investigation and other services rendered in the County will continue to be analyzed to determine whether the County should contribute to the costs of the South Bend Human Rights Commission in calendar year 2019 and thereafter. Section II. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor. Tim Scott, Cou Presi ent South Bend Common Council Filed in Clerk's Office APR 18 2018 �R KAREEMAi-r';VVLER `APPRO'W" ; CITY CLERK, SOUTH BEND, IN EXHIBIT A Interlocal Agreement between the City of South Bend Human Rights Commission and the County of St. Joseph for Enforcement of the County's Human Rights Ordinance Dated September 29, 2018 _.j -- - - - I. . ._. .. _ -'.-------------. Bill No. 54-17 Ordinance No. 66-17 f t r. T INTERLOCAL AGREE MCNT BE,TWEE CITY OF SOUTH BEND HUMAN. t RIGHTS COMMISSION AND THE COUNTY OF ST.JOSEPH FOR ENFORCEMENT MAIM COUNTY'S HUMAN RIGHTS ORDINANCE This Agreerrie it is made and entered into this?� day of 20f 7,by and. between St. Joseph County,Indiana(the"County"),andrthe Cityof Sou hi&e:-City;)througl fhe. 'r SoufhBendAgp4lRights Commission(the"Corrinussio WITNESSETH - WHEREAS, The South Bend fTijiimia Rights Commission (the "Commission") is an '. agency of the City of South Bend(the City)and both the City and the County of St. Joseph (the County) are political subdivisions organized and existing pursuant to the laws of the State of Iridiar a. Both the City and the Co' ate.empoweredpursuantto Ind. Code.§36-1-7 to enter into this Tnterlocal Agreement and to cooporW*ice.fuilherance of the.joint: action desori ed in this. Agreement;and WHOE't AS, Elie County has previously eiracted:'a Human,Rights Ordiinauce(St. Joseph aunty Code,Title.MT, Chapter 37)which is effective in those pails of St. Joseph County which %9M;4p4of the corporate limits of the City of South Beud,::and WHEREAS, NViti t of that Human Rights Ord rtahce,:the Co designated the ljadia Civil Rights Commissiion as the enforezngbody but reserved-thenn.ght-to designate,-4i4te ive .local agency at such a tinxe as the"alternative local age e uwould be in ext nce V� li eto" carry but that enforcement;and.:: _ AREAS, entering-into an interlocal agreement with the South Bend HumanRsolts Commission would make the Commission"cligible"to carry out enforcement of the Human' Rights Ordinance for claims under the Human Rights Ordinance.occurtA outside the cozpor : .limits of the--Ck of South-Bendz and F; 9FilrF t , "Cl t-_ty u desires to designate the South Bend Human Rights: 'Can `ssiot,us n 4l-MiAd'a local agency which is in existence acid ii ade eligibte 9 Igo".Agme ; k ie bod ofthe St, Jose h Count Human Ri ()rdinaace. na Y' WHEREAS, ttie Cammissioffis amenable to being designated as the,.enforcing body of F_ e .Joseph CoriHuu?a "3Ordinac _ .. t.. IOW,;THERBFORE,'tlie County aiici the Coma free as follows:. �. Y; lnrpose of Inter.I ocaYAereement; The"=ptnIPnse of this agreement is to designate the South Bend Human Rights Commission as the enforcing bodg$or claims under the St.Joseph County Human Rights Ordinance arising out d.- t rrences located outside the Eorporate boundaries oldie City of South Bend, The City through the Commission will investigate and make recon�nendations for charges of discrimination within the scope of the County's BumanRights ordinance in the same manner.as if the charges had originated within the City's corporate Wits or within the jurisdiction of the City's Human Rights ordinance. In so doing,it will WOW..staff, office and other resources, 2, Compensation. The Commissiori'will b-e'the'enfmm-g-body for the St;Joseph GountyHuman Rights Ordinance for no compensation during the initial short term of this Interlocal Agreement,the patties recognizing that:until services are actually provided for the County's benefit,the Commission,cannot determine what financial impact this Agreeni ng4f T have upon its resources. Both parties acknowledge that the annual cost of a full time investigator i-neluding benefits is about$52,000,00. 3. Duration. This Agreement is intended to be of an initial short duration is :older far the parties to examine and assess the results and impact..Therefore,-this ApreetneiitWffl expire after May 1,2018. Upon or before expiration,the parties shall mutually d.etermine whether to renew for a similar or different term, or to-re -ate the terms of the Agreement. Each party iM 4W terminate this agreement with thlxtp(3Q}days'written.notice to the other Party, 4. Notice. Any notice.required or permitted by this Agf.ft-mei t shall be in writing and skull be deemed given when delivered personally or deposited'- the US, maiI,first class with postage prepaid,:and addressed to the.paxties below,or such-a#het addtess as a party dray request by no f*ing the other in w ;. TQ the VA St.Joseph County hoard a Gomm ssio s 7t11 Floor,County CityBu g' 227 W. Jeffers6ri Blvd. South BBendTN 46601 And 8t Joseph County Council County-City Building,Room_ 411 227 W. Jefferson Blvd. SouthBend,IN 46601 WftM&missrom South Bend HaWn Rights> _ 319 N.Niles Ave-.outhBend,LN4.6617 _ Itt j. S-A e Ageenient, This Agreement constitutes the entire agreement between: N Oft6rations,modifcation or addi tions this Agreermerit shall be binding uht t6duced to writing and signed by the pa4ics, 6. AmaMmehIg, The tezms and conditions of this Agreement may not be modified or amended except by an in.ANment execated.by each of the parties hereto, No oral madific.atiqns0all be enforceable. Effective Date, This ItiWilocal A-greemq4t?4's qffec4ye QR ft;date stated in first pa -of this Agreements 9, Authori Each party signhygA. -cr h*a.p Ii-A f h mig on behalf. thi s Agr -cement. (sign ato W- .p'g laffirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless re wired bylaw .4 OW WPWMZ afire o=t b"C.-Ow,-Agme me 3 9t,Ydsep'j�County Set its 00"M Bbard,of Commissioners > ")VW Kostichley,P res �e c- uffv_Dftector orate F D -P, sident St. fbseph County Council Dave Thom a Member Rafae*tn,Prooft- f- 1200 COUNTY-CITY BUILDING SpUTAB PHONE 574/235-9241 227 W.JEFFERSON BOULEVARD o`t d FAX 574/235-7670 SOUTH BEND,INDIANA 46601-1830 �� TTY 574/235-5567 U C, W PEACE fe 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF LAW STEPHANIE STEELE ALADEAN M.DEROSE CORPORATION COUNSEL CITY ATTORNEY April 18,2018 Filed in Clerk's Office Mr. Tim Scott,President South Bend Common Council APR 18 2018 227 West Jefferson Blvd., 4`' Floor KAREEMAH FOWLER South Bend, IN 46601 CITY CLERK.SOUTH BEND,IN Re: Resolution Approving Extension of Human Rights Interlocal Agreement Between City and St.Joseph County Dear Council President Scott: Attached for filing with the South Bend Common Council is a Resolution to approve extension of the previously approved Interlocal Agreement (copy also attached) between the City of South Bend Human Rights Commission and St.Joseph County. Passage of this Resolution will enable the South Bend Human Rights Commission to continue through December 31, 2018 its investigation and related services for discrimination claims arising in St.Joseph County. At this time and through December 2018, there is no monetary contribution from the County for the cost of these services. That is because the data is inadequate to properly assess costs. The South Bend Human Rights Commission will use this time to continue reviewing and analyzing the case information. The Interlocal Agreement provides the potential for County cost participation in 2019 and thereafter. I understand the County has or shortly will approve this Extension of Interlocal Agreement. Human Rights Commission Director Lonnie Douglas will most likely present this Resolution to the Council at its Committee and regular meeting. I may also be present. Thank you for your consideration. S er '��`� Aladean� i Attorne ELLIOT A.ANDERSON ASHLEY MILLS COLBORN CLARA MCDANIELS THOMAS E.PANOWICZ DANIELLE CAMPBELL WEISS