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Home My WebLink About18-17 Approving Extension of Human Rights Interlocal Agreement between City and St. Joseph County 1200 COUNTY-CITY BUILDING SPUTA- - PHONE 574/235-9241 227 W.JEFFERSON BOULEVARD o� d FAX 574/235-7670 SOUTH BEND,INDIANA 46601-1830 i TTY 574/235-5567 W PEACE a 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 8 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. : er eR ��! dean I� se i Attorne �' Y ELLIOT A.ANDERSON ASHLEY MILLS COLBORN CLARA MCDANIELS THOMAS E.PANOWICZ DANIELLE CAMPBELL WEISS Filed in Clerk's Office Bill No. 18-17 APR 18 2018 RESOLUTION NO. KAREEM;Ak FOWLER CITY CLERK,SOUTH BEND,IN 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 Human Rights Ordinance. NOW, THEREFORE,be it RESOLVLED by the Common Council of the City of South Bend, Indiana, that: Section I. 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 "A„ 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, Council President South Bend Common Council Filed in Clerk's Office APR 18 2018 K REEMr�r rT;TLEA 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 d€ a - Bill No. 54-17 Ordinanee No. 66-17 r I t: T INTERLOCAL AGREE ME,NT'BETWFFN THE, (:)I_TV OF SOUTH BEND HUMAN -° • y, °1<ORTS COM 41SSION AND THE C0UNTY'OF ST.JOSEPH FOR I,INFORCEM�NT` OF THE COUNTY'S HUMAN RIGHTS ORIANANCE This Agreement is made and entered.-into this 2l-day of ',2Q11,by an(l. betu cn.St, Joseph County;Indiana(the"County");andthe City of S uih(the:City)throug IM South Bend an Ri Humghts Commission(the"Commission! WITNESSETH: WfffiREAS, The South Bend Human Rights Commission (the "Comniissipn") is ari 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 enipowere4pursuanito Ind.Code.§36-1-7 to enter into This Interlocal Agreement and to coo.P ate in fui�the anee of the point action described in this :Agreement;-arid: _ _ . STIlH 3Y4S, e County has previously etraeted ec-Thman Rights Ordinance (St. Joseph County Code,Title III, Chapter 37) which is effective in those pacts of St. Joseph County which are not part of the corporate'Binits of the City of South Bend; and WHEREAS, as pant of that Hdtft Rights Ordffi.ance,_the County desigh0d.the Indiana Civil Rights.Commission as the enforcinglody,butieserved�the right to designate an:alteinative local agency at such a time as the alternative local agency wo1� e�r[ eeM:and eligible to carry outthkVdMorccuient; and... WHEREAS, ente i lginta an inte local agreement with the�guth Rend Human Rights _ _ Coininission would malrethe Commission"eligible"to carry out e orcemerit of the Human =" Rights Iafance for cla ngs under ft.-Human Rig_hts Of ance occurring outside the corporate: knits the City of-&ut-hBend and. 9HEREA , ,he CM trity desires to designate the South Bend Htnnan Rights. C e ssion,:as tialteinative local agency which is inexistence arLd it ade eligible bythis in local Agre as the enforcing body of he St. Joseph County Human Rights Ordinance; And WIMMMAS, th&Cammission is amenable to being designated as the-enforcing.body of *ftAwo County ftmWRtghts-_Ordtnanee: NOW,THEREFORE,;tTie CMhtyAM the C6ftunissieap 4tots follows; t f Y kgongut interZibealAgre enxextt: TheT1111P e of-flu,s zzf'is to desz Adffi•&ff&Human Rights Commission as the onto rcin .bod for claims under,the { __ y. , - - St.MWphVA-,W Human Rights Ordinance arising out of occu bhces locatedoU—0 iA '4 corporate boundaries of City of South Bend, The City through the Commission will investigate and final€e recommendations for charges of diserim natign.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 fire City's Human Rights ordinance. In so doing,it will use its staff,office and other resources, i. 2. Compensation. The Corner fission will be`the enforcing body fox fhe St;Josepli �County Human Rights Ordinance for no compensation during the initial short term of this. lite local Agreement,the parties recognizing that until services are actually provided for the County's benefit,the Coinmission.eannot determine what financial impact this Agreement-Will have-upon its resources, Both parties ac"owledge that the annual cost of a full tine investigator including benefits is about$52,000.00. .F 3 Duration. This Agreement is intended to be of Mimi-dal short duration i-- `blde fot-the parties to examine and assess the results and impact..Therefore.,this Agreement v¢ e ire after M-4y 1,2018. Upon or before:expirafion,the parties shall mutu determzrcq. r hetlaei to-i-d w for a similar or different terms or to renegotiate the terms of A—, ehi Lacs:pa Ly m$y also terminate this agreement with thizty(3 days'writ nn dit tie other' 4. Notice. Any notice required`tir peiitted by this Agerient sllliein writing and shall be deemed given when delivered peiso y or deposited m the U,S,mail;first class with postage prepaid, and addressed tut ft p es lreWw, or such other addresg p 4party 3a ayrequest by nofif,ying the other in writing- To tho l� y-` St. JosephGout fiy oard:6f.Commissioners 7`1 Floor,County City Butlt tg° 227 V' Jefferson Blvd. South Bend,IN 46601 Ark St: oseph:Couiityoticl County-Ci_ySuilding,Roo_ m 411 227 W.3effgrsoit Blvd. S outh Rwd,._IN 46601 T WN-Wiimmission. Seuth,& I Iuman'Rigl?i s `on s xi %—q,&Mies Ave. 15 a`ugi.Bencl,IN 4.6617 3 T 5. constitutes the entire agreement between This Agrebmcnt cons ir the parties. No alterations,modifications, or additions to this Agreement shall be binding ixtqsa reduoed to.writing and signed by the parties. Amen The terms and-conditions of this Agreement may not be M ea r amended except by-an instra enf.-executcdbyqq4, QWpAieshereto; Nooffg wift o- flio.difib,ations shall be enforceable. Effective Date, This Ititerlocat Agreement is effective on tho,datQ stated in the first oatagraph of this Agreement: t Author E'66h part ni' -h-erefo states i�4t- authority to-bin-- Y Sig 11g: _0 party f11eX ar-e-signmig'on behalf of this Agrqq I affirm under the penalties for perjury, that Ihave taken reasonable care to redact each Social Security number in this document, unless re uired by law IMF SS WHl:1tEpF;the foItowing agree to the tennis of the Agreement:- St.yosepil-6unty South Bend Human Rigi i ;K ja COMmissibili Board of Commissioner.a. Gl Andrew Kostit hiey,Presf9at 13xe g orali Wig, D.IM,D, (i Pr.srdetlt St. Joseph County Council 45 auras Member, Rafae N Pow is