Laserfiche WebLink
REGULAR MEETING JULY, 10, 2006 <br />Mr. Leone stated that the Council does not have to sit as a Court. Certainly, the Council <br />needs to have legal advise, in terms of what is appropriate to do. But he thinks that it is <br />not the role of the Council to make that decision in advance. <br />Councilmember Varner asked then what use are these opinions that you present the <br />Council with? <br />Mr. Leone stated that they give a broad context within which to operate. For legislative <br />purposes this is the appropriate way to start. <br />Councilmember Pfeifer asked Mr. Leone is he could recall any other times that the City <br />of South Bend, has been the first to enact legislation? She remembers about the open can <br />liquor law. <br />Mr. Leone stated that was before his time, but believe Councilmember Pfeifer was <br />correct. <br />Councilmember Pfeifer stated that she believes that the City of South Bend passed that <br />legislation before the State of Indiana, and now everyone else has followed suit. <br />Councilmember Kelly advised that he sponsored a piece of legislation concerning gun <br />control during his first term on the Council. The bill passed by a vote of 5 ayes and 4 <br />nays. It was a very controversial issue that allowed for both pro and con discussion and <br />attended by many people. Council Attorney Kathleen Cekanski-Farrand was on staff at <br />that time and was with Councilmember Kelly. The bill was passed by the Council and <br />shot down by the State Legislature. Councilmember Kelly stated that they tried and he <br />would try again if he could legally. <br />Lonnie Douglas, Executive Director, South Bend Human Rights Commission, 301 S. St. <br />Louis Blvd., South Bend, Indiana, stated that he is making a presentation on how the <br />Human Rights Commission deals with cases that come before the Commission. Mr. <br />Douglas stated that the South Bend Human Rights Commission was formed in 1956, <br />prior to any of the Federal Agencies like EEOC and HUD coming into existing and <br />dealing with housing and employment issues. The purpose of the Human Rights <br />Commission being formed was to deal with issues on a first basis of employment <br />involving race and sex here in the City. Mr. Douglas advised that this year, the Human <br />th <br />Rights Commission is celebrating its 50 Anniversary. He is very proud of that fact. Mr. <br />Douglas stated that in order to file a charge with the City of South Bend, there are so <br />rules that must be adhered to and they are called rules that govern jurisdiction. The <br />jurisdictional requirements for the South Bend Human Rights Commission are first and <br />foremost in employment in order to file a charge, the employer and the person filing the <br />charge must be located in the City of South Bend. The employer must have six (6) or <br />more employees. That does not hold true for housing, education and public <br />accommodation. One person can file against another in those areas. A person must <br />clearly state why they feel that they have been discriminated against and the fact that it is <br />illegal. The charge must be filed within ninety (90) days of the alleged violation. He <br />also stated that the respondent must include both public and private entities. When a <br />person walks into the South Bend Human Rights Commission Office and asks to file a <br />charge, first and foremost, they screen them. There is an intake officer, that sits down <br />with them and ascertains the information that they are giving and decide whether or not <br />that person has the legal background or basis to file a charge. Once that has been <br />established and they have standings to file a charge, then that person is allow to file the <br />charge and the Human Rights Commission takes the charge electronically and print out a <br />copy of that charge at that time. If the claim is filed with EEOC or HUD, it is <br />electronically filed with them also, so when the Human Rights Commission takes the <br />charge it automatically goes to those entities. Mr. Douglas stated that once the charge is <br />taken, he gets a copy from the intake office and he assigns it to one of four (4) <br />investigators. Those investigators are charged with really taking care of the bulk of their <br />ordinance and that is investing the charge in such a way that they send out what he calls <br />interrogatories and the request for the production of documents. That all goes out in a <br />letter that is sent to the respondent that asks the respondent to please respond within <br />6 <br /> <br />