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Home My WebLink About10542-17 Approving an Interlocal Agreement between the City of South Bend through the South Bend Human Rights Commission and St. Joseph County ORDINANCE No . 10542-17 Passed by the Common Council of the City of South Bend, Indiana September 25, 20 17 Attest: City Clerk Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 26, 20 17 City Clerk Approved and signed by me aP pXhn 2� 20 Mayor 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, out end Common Council Filed in Clerk's Office st READING q�l I J SEP 0 6 2017 PUBLIC HEARING �1J2,5')rl 3rd READING 01125/)f1 KAREEMAH FOWLER NOT APPROVED CITY CLERK,SOUTH BEND,IN REFERRED(1111/ 'l PASSED 0)1�1)rl 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 06 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 7 t 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