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HomeMy WebLinkAbout19-41 Resolution Approving Amendment to Resolution No. 4710-18 Regarding the 2017 Human Rights Interlocal Agreement Between the City and St. Joseph County 1200 COUNTY-CITY BUILDING SpU TA BHNE 574/235-9241 C)227 W.JEFFERSON BOULEVARD FAX 574/235-7670 SOUTH BEND,INDIANA 46601-1830 W 2 TTY 574/235-5567 U( PACPEACEACRE W ,y" ,c-,,1865 QTY OF SOUTH BEND PETE BUTITGIEG,MAYOR DEPARTMENT OF LAW STEPHANIE STEELE ALADEAN M.DEROSE CORPORATION COUNSEL QTY ATTORNEY June 5,2019 Filed in Clerk's Office Mr. Tim Scott,President South Bend Common Council JUN 0 5 2019 227 West Jefferson Blvd., 4th Floor KAREEMAH FOWLER South Bend,IN 46601 CITY CLERK,SOUTH BEND,IN Re: Resolution Approving Amendment to Resolution No.4710-18 Regarding the 2017 Human Rights Interlocal Agreement Between the City and St.Joseph County Dear Council President Scott: It recently came to the attention of the South Bend Human Rights Commission (SBHRC) that the 2018 extension to and modification of its 2017 Interlocal Agreement with St.Joseph County was inadvertently not attached to South Bend Common Council Resolution No. 4710-18 passed on April 23,2018. That resolution continued the 2017 Interlocal Agreement with St.Joseph County by which the SBHRC enforces the County's Human Rights ordinance.The original 2017 Interlocal Agreement was attached to Resolution No. 4710-18 as Exhibit A. The corrective Resolution which we now request the Common Council to approve contains the document omitted from Resolution No. 4710-18, which document is designated as Exhibit A- 1. 1. That Exhibit A-1 provides for the County to contribute financially to the costs of the SBHRCs enforcement services. The County actually approved a financial contribution to the SBHRC in late 2019, although at the time Resolution No. 4710-18 was passed, the County's 2019 Budget process had not yet commenced. Please note,too,that Exhibit A-1 was approved by the St.Joseph County Council on April 10,2018 which bears the signature of County Council President Raphael Morton and of County Commissioners Kostielny,Fleming and Thomas,the latter of whom approved it on April 17,2018. ELLIOT A.ANDERSON GEOVANNY MARTINEZ CLARA MCDANIELS THOMAS E.PANOWICZ DANIELLE CAMPBELL WEISS BILL NO. 19-41 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING RESOLUTION NO. 4710-18 TO INCLUDE A DOCUMENT EXTENDING AND AMENDING THE 2017 HUMAN RIGHTS INTERLOCAL AGREEMENT WITH THE COUNTY OF ST. JOSEPH 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, and which Ordinance is substantially identical to the South Bend Human Rights Ordinance, as amended; and WHEREAS, the St. Joseph County Board of Commissioners entered into an Interlocal Agreement designating the South Bend Human Rights Commission as the enforcement body for the St. Joseph County Human Rights Ordinance ("the Interlocal Agreement of 2017"); which the St. Joseph County Council, by Ordinance No. 66-17 approved on September 12, 2017, and which the South Bend Common Council also approved by Ordinance No. 10542-17 on September 26, 2017; and WHEREAS,on April 23, 2018 the South Bend Common Council by Resolution No. 4710- 18 renewed the Interlocal Agreement of 2017 which was attached to that Resolution as Exhibit A; and WHEREAS, it has come to this Council's attention that another document should have been included with Resolution No. 4710-18 which document is titled "2018 Renewal of 2017 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" ("the 2018 Interlocal Agreement Renewal") which was signed by the St. Joseph County Board of Commissioners, and by the South Bend Human Rights Commission through Lonnie Douglas its Director at that time, and which was approved by the St. Joseph County Council in Ordinance No. 24-18 on April 10, 2018 ; and WHEREAS, a true, correct and complete copy of the 2018 Interlocal Agreement Renewal referred to more specifically in the above paragraph is attached hereto, as Exhibit A-1; and WHEREAS, Exhibit A-1 hereto provides for St. Joseph County to make a financial contribution to the South Bend Human Rights Commission for the enforcement services provided by the Human Rights Commission to the County, which the County actually made in calendar year 2019 and it further extends indefinitely the Interlocal Agreement of 2017 for one-year self- renewing terms; and WHEREAS, The South Bend Human Rights Commission has been acting continuously in the enforcement of the County's human rights ordinance pursuant to the terms of Exhibit A-1 attached hereto; WHEREAS, it is necessary to amend this Council's Resolution No. 4710-18 to attach Exhibit A-1 to that Resolution, approval of which should be retroactive to April 23,2018, the date on which Resolution No. 4710-18 was passed by this Council. NOW, THEREFORE, be it RESOLVED by the Common Council of the City of South Bend, Indiana, that: Section I. This Council's Resolution No. 4710-18 approved on April 23, 2018 is hereby amended to include Exhibit A-1 attached hereto which is titled: 2018 Renewal of 2017 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. Section II. Council Resolution 4710-18 is further clarified to identify Exhibit A as the original Interlocal Agreement between the County and City dated September 29, 2107, and Exhibit A-1 as the renewal of Exhibit A which also amends Exhibit A to continue its effect through 2018 and thereafter and which provides for County financial support as agreed. Section III. Exhibit A-1 is hereby approved, incorporated into, and made part of Resolution No. 4710-18 with retroactive effect to April 23, 2018 and thereafter. Section IV. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor, with retroactive effect as provided in Section II above. Tim Scott, Council President South Bend Common Council Mr. Tim Scott,President June 5,2019 Page 2 Exhibit A-1 further amends Exhibit A by extending the one year term of the County- SBHRC service provision indefinitely conditioned upon annual determination of appropriate financial contribution by St.Joseph County to the SBHRC's cost of enforcing the County ordinance. Thank you and all Council members for permitting this belated but necessary amendment to Resolution 4710-18. The Interlocal Agreement between the SBHRC and St.Joseph County has been a benefit to residents of the City and the County, and the SBHRC appreciates its ability to continue this work. I will present this Resolution on behalf of the SBHRC. Sincerely, / .Wo Aladean DeRose City Attorney Filed in Clerk's Office JUN 05 2019 IKAREEMAH FOWLER LCITY CLERK,SOUTH BEND, IN EXHIBIT A 11 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, 2017 Bill No. 54-17 Ordinance No. 66-17 INTERLOCAL AGREEMENT BETWEEN THE MY 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 29 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 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 thechargeshad 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 fornocompensation 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 theresultsand 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 7r''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) I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless re uireby law 1N WITNESS WHEREOF,the following agree to the terms of the Agreement: St.Joseph County South Bend Human Rights Commission Board of Commissioners L. Andrew Kastielney,Pres t-nt Executive Director f /01 77; t., norah Fleming,D.M.D.,Vtie --Pr sident St.Joseph County Council Now- • I: 21/; Dave Thomas,Member Rafae ., on,Pr-.ident }: Filed in Clerk's Office �. JUN 052019 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN }: EXHIBIT A-1 2018 Renewal of [2017] 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 (Passed by the St. Joseph County Council on April 10, 2018 by Ordinance No. 24-18, and approved by the Board of County Commissioners on April 17, 2018) • Filed in Clerk's Office JUN 0 5 2019 KAREENI OWLER 2018 RENEWAL OF CITY CLERK,SOUTH BEND,IN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH t ' t 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 ,2018,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,on September 29, 2017 after approval by the St. Joseph County Council and the South Bend Common Council, and by the executives for each the County and the City, an Interlocal Agreement was entered whereby the Commission became the enforcement entity for claims made under the St. Joseph County Human Rights Ordinance that occur outside the corporate boundaries of the City of South Bend;and WHEREAS, that Interlocal Agreement expires by its terms May 1, 2018 unless the parties mutually determine whether to renew the Agreement for a similar or different term or to renegotiate the terms of this agreement; and WHEREAS, representatives of the Commission and the County have met and determined that the data developed so far is inadequate to be a reliable predictor of the cost to the Commission of providing enforcement services for the County Human Rights Ordinance, and that additional time is needed to assess the financial impact of such services upon the Commission;and WHEREAS, if County-generated case application and acceptance rates continue hereafter at around the same rate as they have been to date during this interim contract term, then at minimum, a part time staff person will be needed to service the County's case load;and WHEREAS, the parties believe it is in the best interest of the City and the County to continue the terms and provisions of the Interlocal Agreement through the remainder of calendar year 2018, but that the County should during the 2019 budget process appropriate approximately $30,000.00 for anticipated costs of the County's portion of the Commission's caseload assuming the same caseload level; NOW,THEREFORE,the County and the Commission agree as follows: 1. Renewal of Inter-Local Agreement. The Interlocal Agreement is hereby renewed through December 31, 2018 between the County and the Commission designating the Commission as the enforcing entity for claims under the St. Joseph County Human Rights Ordinance that occur 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 continue to act as the County's enforcing body for the St. Joseph County Human Rights Ordinance for no compensation during this renewal term.However,in its 2019 budget-making process,the County shall, in light of the data collected to date,endeavor to appropriate funds of approximately$30,000.00 as the cost of a part- time investigator for County cases. The Commission will provide updated statistical information to the County Council regarding County generated cases during the County's 2019 budget process,and preferably by July I,2018. The County will notify the City of the County's appropriation no later than November 1,2018. 3, Duration. The term of this Agreement is through December 3I, 2018. However, if the County appropriates funds in a sum acceptable to the City during the County's 2019 budget process, this Agreement shall continue through January 1,2019 through December 31,2019 and year-to-year thereafter unless terminated by either party upon 30 days written Notice given prior to December 31 for the next calendar year. The parties may adjust the compensation by mutual agreement and based upon caseload, cost changes,or other reasonable criteria for each subsequent calendar year. The City shall give notice of any request for adjustment of compensation by June 1 of the year prior to the calendar year when the adjustment shall take effect. If the County during its 2019 budget process does not appropriate the funds requested by or acceptable to the City for the 2019 calendar year, the Interlocal Agreement will expire after December 31,2018, unless the parties shall mutually and in writing agree to different terms or conditions. 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 S. The rest and remainder of the Interlocal Agreement of September 29,2017 shall remain in full force and effect to the extent its terms and conditions are not inconsistent with the terms of this Renewal Agreement, 6. Authority. Bach party signing hereto states that they have authority to bind the party they are signing on behalf of this Agreement. IN WITNESS WHEREOF,the following agree to the terms of the Agreement: St.Joseph County South Bend Human Rights Commission: Board of Commissioners: • • 1() , • Andrew I£ostlelney, Presiirnt onnie Douglas,Executive P'ctor Drora Fleming,D,M.D,, e-President St.Joseph County Council: % r' o • Dave Thomas,Member � Rs& on,p esident