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Home My WebLink About57-17 Interlocal Agreement w/Human Rights Commission 1200 COUNTY-CITY BUILDING PHONE 574/235-9241 227 W.JEFFERSON BOULEVARD o4 d FAX 574/235-7670 SOUTH BEND,INDIANA 46601-1830 �/ 1J TTY 574/235-5567 U =� d'4 FtAU \ CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF LAW STEPHANIE STEELE ALADEAN M.DEROSE CORPORATION COUNSEL CITY ATTORNEY September 6,2017 f=iled in Ci€-rK'S Olfic:e Mr.Tim Scott SEP 0 6 2017 President, South Bend Common Council 4 Floor, County-City Building KARSEMAR FOWLER South Bend, IN 46601 CITY CLEFIK.800TH fSEND,IN Re: Interlocal Agreement between the City of South Bend and County of St.Joseph to Enforce the County's Human Rights Ordinance Dear Council President Scott: In February 2017 St.Joseph County adopted a Human Rights Ordinance substantially equivalent to South Bend's,and the County ordinance reserved the right to designate a local,eligible agency to enforce the County's human rights ordinance. Since the County Council and Commissioners'adoption of its human rights ordinance,discussions have taken place between County and City officials for engagement of the South Bend Human Rights Commission (HRC) as the County's enforcement agency. This is good synergy because it broadens the HRC's mission as public educator and promoter of human rights. It also assures a uniform, consistent approach to discrimination claims throughout St.Joseph County, and it will be more convenient to local claimants and respondents. For these reasons,I am pleased to file an ordinance approving an interlocal agreement between the County and City through the HRC to enforce the County human rights ordinance. The County Council will act upon a similar Bill at its meeting to be held September 12,2017. The ordinance provides for an initial term through April 2018 when there is no charge to the County for these services. During this interim, the HRC can assess and determine the effect of this program upon the resources of the HRC. Thereafter, the agreement can be extended with or without County monetary contribution, or terminated by either party. ELLIOT A.ANDERSON DANIELLE K. CAMPBELL ASHLEY MILLS COLBORN BENJAMIN J.DOUGHERTY MICHAEL J.SCHMIDT Mr.Tim Scott September 6,2017 Page 2 HRC Director Lonnie Douglas will present this ordinance to the Council for committee hearing and for second and third Council reading. A member of the Commission may be present along with myself. Thank you for your consideration. Sincerely, , Aladean M. DeRose, City Attorney cc: Lonnie Douglas Stephanie Steele 2 Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND THROUGH THE SOUTH BEND HUMAN RIGHTS COMMISSION AND THE COUNTY OF ST. JOSEPH TO ENFORCE THE COUNTY'S HUMAN RIGHTS ORDINANCE STATEMENT OF PURPOSE AND INTENT On February 14, 2017 the St. Joseph County Council approved the St. Joseph County Human Rights Ordinance, Ordinance No. 18-17, which was subsequently approved by the St. Joseph County Board of Commissioners on February 21, 2017. That ordinance is substantially equivalent to the South Bend Human Rights Ordinance codified at Chapter 2, Article 9, Sections 2-127 et seq. of the South Bend Municipal Code. 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 a time as the alternative local agency would be in existence and eligible to carry out that enforcement. The South Bend Human Rights Commission is in existence and is eligible to carry out enforcement of the St. Joseph County Human Rights Ordinance. The St. Joseph County Council has recognized and acknowledged the benefit of designating the South Bend Human Rights Commission as the enforcement body for the St. Joseph County Human Rights Ordinance on both an interim and permanent basis. The St. Joseph County Council approved the Human Rights Ordinance Interlocal Agreement attached as Exhibit A hereto at its meeting held on September 12, 2017. Similarly, it is in the best interest of the City of South Bend that the South Bend Human Rights Commission enforce the County ordinance because it will assure a uniform, consistent approach to claims of discrimination arising in St. Joseph County, Indiana, and will be more convenient for local claimants and respondents. For the initial term of this Interlocal Agreement,the County will not pay for the services of the South Bend Human Rights Commission. That arrangement will be reviewed and evaluated at the close of the initial term. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend,Indiana, that: SECTION I. The Council hereby approves the Human Rights Ordinance Interlocal Agreement in the form attached hereto as Exhibit"A". No appropriation of funding is necessary. SECTION II. This Ordinance shall be in full force and effect from and after its passage by this Common Council and signature by the Mayor. Member, South Bend Common Council Filed in Clerk's Office St READING SEP 0 5 2017 PUBLIC HEARING 3 rd READING KAREEMAH FOWLER NOT APPROVED CITY CLERK,SOUTH BEND, IN REFERRED PASSED 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 [This portion left intentionally blank] Filed in Clerk's Office SEP 0 6 2017 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN 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 This Agreement is made and entered into this day of , 2017, by and between St. Joseph County, Indiana(the "County"), and the City of South(the City)through the South Bend Human Rights Commission(the "Commission"). WITNESSETH WHEREAS, The South Bend Human 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 Indiana. Both the City and the County are empowered pursuant to Ind. Code §36-1-7 to enter into this Interlocal Agreement and to cooperate in furtherance of the joint action described in this Agreement; and WHEREAS, the County has previously enacted a Human Rights Ordinance (St. Joseph County Code, Title III, Chapter 37) which is effective in those parts of St. Joseph County which are not part of the corporate limits of the City of South Bend; and WHEREAS, as part of that Human Rights Ordinance,the County designated the Indiana Civil Rights Commission as the enforcing body,but reserved the right to designate an alternative local agency at such a time as the alternative local agency would be in existence and eligible to carry out that enforcement; and WHEREAS, entering into an interlocal agreement with the South Bend Human Rights Commission would make the Commission"eligible"to carry out enforcement of the Human Rights Ordinance for claims under the Human Rights Ordinance occurring outside the corporate limits of the City of South Bend; and WHEREAS, the County desires to designate the South Bend Human Rights Commission, as an alternative local agency which is in existence and made eligible by this Interlocal Agreement, as the enforcing body of the St. Joseph County Human Rights Ordinance; and WHEREAS, the Commission is amenable to being designated as the enforcing body of the St. Joseph County Human Rights Ordinance. NOW, THEREFORE,the County and the Commission agree as follows: 1. Purpose of Inter-Local Agreement. The purpose of this agreement is to designate the South Bend Human Rights Commission as the enforcing body for claims under the St. Joseph County Human Rights Ordinance arising out of occurrences located outside the corporate boundaries of the City of South Bend. The City through the Commission will investigate and make recommendations for charges of discrimination within the scope of the County's Human Rights ordinance in the same manner as if the charges had originated within the City's corporate limits or within the jurisdiction of the City's Human Rights ordinance. In so doing, it will use its staff, office and other resources. 2. Compensation. The Commission will be the enforcing body for the St. Joseph County Human Rights Ordinance for no compensation during the initial short term of this Interlocal Agreement,the parties recognizing that until services are actually provided for the County's benefit,the Commission cannot determine what financial impact this Agreement will have upon its resources. Both parties acknowledge that the annual cost of a full time investigator including benefits is about $52,000.00. 3. Duration. This Agreement is intended to be of an initial short duration in order for the parties to examine and assess the results and impact. Therefore,this Agreement will expire after May 1, 2018. Upon or before expiration, the parties shall mutually determine whether to renew for a similar or different term, or to renegotiate the terms of the Agreement. Each party may also terminate this agreement with thirty(30) days' written notice to the other party. 4. Notice. Any notice required or permitted by this Agreement shall be in writing and shall be deemed given when delivered personally or deposited in the U.S. mail, first class with postage prepaid, and addressed to the parties below, or such other address as a party may request by notifying the other in writing: To the County: St. Joseph County Board of Commissioners 7th Floor, County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 And St. Joseph County Council County-City Building, Room 411 227 W. Jefferson Blvd. South Bend, IN 46601 To the Commission: South Bend Human Rights Commission 319 N. Niles Ave. South Bend, IN 46617 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties. No alterations, modifications, or additions to this Agreement shall be binding unless reduced to writing and signed by the parties. 6. Amendments. The terms and conditions of this Agreement may not be modified or amended except by an instrument executed by each of the parties hereto. No oral modifications shall be enforceable. 7. Effective Date. This Interlocal Agreement is effective on the date stated in the first paragraph of this Agreement. 8. Authority. Each party signing hereto states that they have authority to bind the party they are signing on behalf of this Agreement. (signature page follows) IN WITNESS WHEREOF,the following agree to the terms of the Agreement: St. Joseph County South Bend Human Rights Commission Board of Commissioners Andrew Kostielney, President Executive Director Deborah Fleming, D.M.D., Vice-President St. Joseph County Council Dave Thomas, Member Rafael Morton, President