07-26-76 Council Meeting Minutes

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REGULAR MEETING JULY 26, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Provided, that the Department of Law may veto the issuance of a subpoena if andt -only if such an iss ance would be an abuse of the Commission's subpoena power. Abuse of the Commission's subponena po shall include but not be limited to use of such subpoena power for harassment purposes, issuance of a subpoena for information clearly irrelevant to the investigation being conducted, and issuanc of a subpoena for information over an excessively broad span of time. Contumacy or refusal to obe a subpoena issued pursuant to this section shall constitute a contempt. All hearings shall be hel within the City of South Bend at a location determined by the Commission. A citation of contempt may be issued upon application by the Commission to the circuit or superior court, or judge thereo in the County in which hearing is held or in which the witness resides or transacts business. Sec III. Section 2 -131 (i) (1) is amended to read in its entirety as follows: (1) To state its findi of fact after a hearing and, if the Commission finds a person has engaged in an unlawful discrimin practice, it may cause to be served on such person an order requiring such person to cease and de- sist from the unlawful discriminatory practice and requiring such person to take further affirmati action as will effectuate the purposes of this article, including but not limited to the power to restore complainant's losses incurred as a result of discriminatory treatment, as the Commission m deem necessary to assure justice, provided, however, that this specific provision when applied to orders pertaining to employment shall include only wages, salary or commissions in an amount not t exceed that lost over a two year period; to require the posting of notice setting forth the publi policy of Indiana concerning civil rights and the respondent's compliance with said policy in plac of public accommodations; to require proof of compliance to be filed by the respondent at periodic intervals; to require a person who has been found to be in violations of the South Bend Human Righ Ordinance, and who is licensed by a State agency authorized to grant a license, to show cause to the licensing agency why his license should not be revoked or suspended. Council President Parent made a motion to amend the ordinance, seconded by Council Member Taylor. The motion carried. Council Member Adams indicated she would like to further amend the ordinance by changing Section 3 of the amendments to read an amount not to exceed that lost over a one year period," seconded by Council Member Kopczynski. Council President Parent indicated he would like to speak against the reduction to one year, since he felt the local ordinance has to be as strong as possible. Council Member Taylor said he agreed with the awarding of two years damages. He in- dicated he would like to second the plea and would hope the motion would be defeated. He indicate that the State and Federal governments have no limitations. Council Member Adams asked Mr. Leone, deputy city attorney, the length of the average case resolvement at the present time. He indicate most cases were resolved within ninety days. Council Member Adams indicated that she wanted the time changed to one year because if a person feels they have been discriminated against they have ninety days to file and most cases are resolved within ninety days, so one year would cover the majority of cases coming before the Commission. Mr. Leone indicated that it would cover most case Council Member Adams asked how many cases go over a year. Mr. Leone, after consulting with Mrs. Hall, the Commission's director, indicated about five percent go over a year. r , :ion Ig Ltory re -Y !s :s A roll call vote was taken on the motion and:'.it lost by a vote of four ayes (Council Members Miller Kopczynski, Adams and Horvath) and four nays (Council Members Serge, Taylor, Dombrowski and Parent . Mr. Ed Fogarty, 1219 Berkshire, Chairman of the Human Rights Commission, said he felt this was a crucial issue before the Council. He said the Commission by consensus of opinion was unanimous on its vote toward asking the administration to support these changes to the ordinance. He said t] Commission still feels that the City should have the same enforcement powers as the State Commissii He then gave the percentage of the cases handled and closed by the Commission. Mr. Jesse Dickinson, 227 RueBossuet, spoke in favor of the ordinance and the amendments. Mr. Larry Remler, staff attorneYfor Law and the Handicapped, said it was their position that the ordinance should eliminate the present restriction of awarding $500 damages. He said they feel the individual should be made whole. He said at issue here was solely compensatory damages. He indicated that the certification of handicapped should be eliminated from the ordinance. He indict that the Human Rights Commission was acting in a progressive manner by amending the ordinance, and it was commendable. He said by the South Bend Human Rights Commission having this authorization it will provide for speedy resolution of disputes at a local level. Mrs. Louvenia Cain, 1207 W. Washington, indicated she was pleased to hear of this ordinance and hoped the Council would give it consideration. Mr. John Huber, 310 Peashway, indicated he would like to speak in favor of this ordinance, parti- cularly as a parent of a handicapped child. He also indicated that the certification of handi- capped should be eliminated. Council Member Adams made a motion that the ordinance be recommended to the Council favorably, as amended, seconded by Council Member Taylor. Council President Parent made a motion to amend the ordinance by removing the section in the ordi- nance under Section 2 -128 (q) which reads "To be classified as "handicapped" under this Ordinance a person shall be certified as such pursuant to the procedures, rules and regulations as are issue by the Indiana rehabilitation services board. Provided, that a person who claims to be the victim of a discriminatory practice because of his handicap may file a complaint with the Commission prio to his being certified as handicapped." This motion was seconded by Council Member Taylor. Council Member Miller asked why just not remove the word "certified" and leave the rest. He in- dicated that the definition of handicapped should be defined. He said he would suggest "shall be certified as such" be removed. Mr. Leone indicated that the Commission has the right to promulgat rules and regulations, and it would be possible for the Commission to classify handicapped. The motion to amend the ordinance carried. The motion to recommend the ordinance to the Council favorably, as amended, carried. There being no further business to come before the Committee of the Whole, Council Member Kopczyn made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion c ATTEST: i ATTEST: e kted ried.