HomeMy WebLinkAboutG71-19I
Ordinance No. G71-19
AN ORDINANCE
AMENDING CHAPTER 3.12 OF THE ELGIN MUNICIPAL CODE, 1976, AS
AMENDED, ENTITLED "COMMISSION ON HUMAN RELATIONS"
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the
Illinois Constitution and as a home rule unit may exercise any power perform any function pertaining
to its government affairs; and
WHEREAS, in support of constitutional provisions against prejudice and the practice of
discrimination against any individual group based upon race,color,religion,sex,natural origin and
other protected classifications, the City Council of the City has determined that it is necessary and
desirable to amend the city's ordinance regarding a Human Relations Commission; and
WHEREAS, the adoption of an amended ordinance regarding a city Human Relations
Commission to promote fairness,equity,unity,appreciation and mutual understanding in the City of
Elgin and preserve and enhance the City of Elgin as a diverse and welcoming place to live,work and
visit pertains to the government affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 3.12 of the Elgin Municipal Code, 1976, as amended, entitled
"Commission on Human Relations"be and is hereby amended in its entirety to read as follows:
"CHAPTER 3.12
HUMAN RELATIONS COMMISSION
3.12.010: ESTABLISHED:
There is hereby established a Human Relations Commission for the city pursuant to the city's
home rule authority.The Human Relations Commission hereby established shall be separate
and distinct and supersede the commission on human relations authorized by statute. In the
case of any conflict with any provision of this chapter with any provision of the statutory
provisions for a commission on human relations,the provisions of this chapter shall control.
3.12.020: DECLARATION OF POLICY:
A. The city council,in support of constitutional provisions against prejudice and the practice
of discrimination against any individual or group because of his or her race, color,
religion, sex, national origin, age, ancestry, order of protection status, familial status,
marital status, physical or mental disability, military status, sexual orientation, gender
identity, or unfavorable discharge from military service desires to establish a human
relations commission. To eliminate such prejudice and discrimination and foster an
environment in the city that embraces diversity among its citizens,workers and guests,an
instrumentality should be established through which the citizens of Elgin may be kept
informed of developments in human relations,the citizens and public officials of the city
may obtain expert advice and assistance in progressive practices to keep peace and good
order,and private persons and groups may be officially encouraged to promote tolerance,
goodwill, interfaith and interracial harmony between all people.
B. The purpose of the Human Relations Commission is to promote fairness,equity,unity,
appreciation, and mutual understanding in the City of Elgin and preserve and enhance
Elgin as a diverse and welcoming place to live, work, and visit. The mission of the
Human Relations Commission is to foster fairness, equity, unity, appreciation, and
mutual understanding across all people and entities in Elgin. The Human Relations
Commission will work with community partners and businesses to promote equity and
inclusion in the City of Elgin and provide guidance, education, and assistance to the
community to build capacity in achieving equitable outcomes and services.
3.12.030: APPOINTMENT OF MEMBERS; COMPOSITION; TERM; SALARY:
A. The human relations commission shall consist of seven (7) members appointed by the
city council. Commission members shall be as broadly representative of the community
as practically feasible, in such areas as race, color, religion, sex, national origin, age,
ancestry,familial status,marital status,physical or mental disability,sexual orientation,
gender identity,military status,unfavorable discharge from military service,education,
welfare, labor, and management. There shall also be two (2) ex officio nonvoting
members of the human relations commission who shall be the city manager and the chief
of police of the city and one (1) ex officio voting member of the human relations
commission who shall be a member of the city council to be appointed by the city
council.
B. Each member as appointed shall serve for a term of three(3)years;except that the terms
of initial appointees under this section shall be staggered in such a manner so that the
terms of four(4) members shall expire on the first Tuesday of May on each of three(3)
successive years. All members of the commission shall continue in such capacity until
their successor has been duly appointed and is acting. Any member appointed to fill a
vacancy prior to the expiration of the term for which his predecessor was appointed shall
serve for the remainder of such term. All members of this commission shall serve
without compensation.
3.12.040: CHAIRPERSON; RULES; QUORUM; VOTING; STAFF:
A. The commission shall elect a chairperson from the commission members for a term of
one year but not more than two(2)consecutive years,the election being held in May.The
commission shall adopt rules and regulations governing its proceedings and the exercise
of the powers and duties given to it in this chapter provided such rules and regulations
shall not be in conflict with any provisions of this title and upon approval by the city
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council.A majority of the members of the commission shall constitute a quorum.Official
action may be taken by the commission only pursuant to the vote of a majority of the
quorum.
B. The office of the city manager shall provide the commission with a staff representative to
provide professional guidance to the commission. The duties of the staff representative
assigned to the commission shall be:
1. Assist the Human Relations Commission with development and coordination of
community sponsored programs to improve human relations within the
community.
2. Apprise the Human Relations Commission of issues within the community
concerning diversity, inclusion, equity and empowerment.
3.12.050: POWERS AND DUTIES:
A. The commission's goals shall be to:
1. Assist in developing a culture of welcoming and respect within the City; mutual
respect among existing groups and newer communities coming into Elgin.
2. Increase cultural competency among residents;facilitate understanding between and
among demographic, racial, ethnic and other groups within Elgin who are not
connected but have a desire to learn from one another.
3. Engage in public dialogue with the entire community; address important/emergent
local and national events.
4. Address discrimination: provide a focus for community members to take action to
address/end discrimination.
5. Facilitate civic participation by all community members; increased participation by
underrepresented groups in boards and commissions and other opportunities for civic
engagement offered by the city.
B. The commission shall accomplish the above goals with methods including but not
limited to the following:
1. The commission shall advise and consult with the mayor,city council,city manager,
human resources director, and other city boards, commissions and officials, on all
matters within the community involving prejudice, bigotry, disenfranchisement or
discrimination and recommend such corrective or legislative action as it may deem
appropriate to effectuate the policy of this chapter. The commission shall render an
annual written report to the mayor, city council and city manager.
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2. The commission may invite and enlist the cooperation of racial,religious and ethnic
groups, community organizations, fraternal and benevolent societies, veterans'
organizations,professional and technical organizations and other groups in the city in
carrying on its work.
3. The commission may make recommendations to the mayor, city council and city
manager as in its judgment will effectuate the policy of this chapter and, subject to
the approval of the city council,may issue such publications and such special reports
concerning its work as it may consider desirable in the public interest.
4. The commission may initiate or conduct any educational or informational programs
which it believes will further the purposes for which it was established consistent
with budget allocations to the commission approved by the city council."
5. The commission may provide recommendations to the city council for implementing
the city's diversity and inclusion plan.
3.12.060: DEFINITIONS:
DISCRIMINATE: To make a difference in treatment or favor any person because of his or
her race,color,religion,sex,national origin,age,ancestry,order of protection status,familial
status,marital status,physical or mental disability,military status,sexual orientation,gender
identity or unfavorable discharge from military service.
DIVERSITY: The ways in which people differ. Most often in reference to race, ethnicity,
and gender but also includes age, national origin, religion, disability, sexual orientation,
socio-economic status, education, marital status, language, and physical appearance.
EMPOWERMENT: Environments in which all residents feel welcome, respected, and
valued. An inclusive and welcoming climate embraces differences.
EQUITY: Ensuring that all people can achieve the same outcomes regardless of
race/ethnicity, sex, physical or mental disability, sexual orientation, gender identity, age,
immigrant status, veteran status, language and/or socio-economic status."
Section 2. That Chapter 5.02 of the Elgin Municipal Code, 1976, as amended, entitled
"General Provisions"be and is hereby further amended by adding a new Section 5.02.040 thereto to
read as follows:
"5.02.040: AFFIRMATIVE ACTION; CITY CONTRACTS:
A. The city shall not contract with any contractor or vendor,maintain any financial relation
with any financial institution,or use the service of any labor organization or member thereof,
which employs five (5) or more persons which does not first submit to the city a written
commitment to provide equal employment opportunity.However when a contractor,vendor,
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financial institution,labor organization or member thereof is the sole source of the particular
work product or service desired and such is essential for the efficient governmental
operations of the city, such written commitment shall not be required. The written
commitment required by this section shall:
1. Set out and agree to maintain specific employment or membership practices and policies
sufficient to achieve equal opportunity;
2. Set out specific goals for participation by minority groups and female persons qualified
by or for training or through previous work experience. This provision will not infringe
upon the right of the employer to determine the need for or qualifications of employees;
3. Agree to submit to the city upon request written evidence of the effectiveness of the
above required practices, policies and goals;
4. Agree to submit to the city upon request statistical data concerning employee
composition or membership composition on race, color, sex and job description;
5. Agree to distribute copies of the above commitment to all persons who participate in
recruitment,screening,referral and selection of job applicants,prospective job applicants
or members;
6. Agree to require any subcontractor to submit to the city a written commitment which
contains the provisions required by subsections Al through A5 of this section.
7. The written commitment required by this section may also be satisfied by filing a copy
of an affirmative action program of the contractor/vendor which is in effect and which
has been approved by any local,state or federal agency with jurisdiction to approve such
programs.
B. All such contracts by and between the city and contractors and vendors for the purchase
of the city of goods and/or services shall contain the following clauses:
The contractor/vendor will not discriminate against any employee or applicant for
employment because of race,color,religion,sex,national origin,age,ancestry,order of
protection status, familial status, marital status, physical or mental disability, military
status, sexual orientation, or unfavorable discharge from military service which would
not interfere with the efficient performance of the job in question.
The contractor/vendor will take affirmative action to comply with the provisions of this
ordinance and will require any subcontractor to submit to the City of Elgin a written
commitment to comply with those provisions. The contractor/vendor will distribute
copies of this commitment to all persons who participate in recruitment, screening,
referral and selection of job applicants, prospective subcontractors.
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C. Any contractor, vendor, financial institution or labor organization contracting with the
city will be required to submit to the city, upon written request by the city, compliance
reports containing such information as to the practices,policies,programs and statistics
of employee or membership composition on race,color,sex,age and job description,as
may be prescribed by the city and will require any subcontractor to submit a compliance
report upon written request by the city. The required compliance report shall be
substantially in the form which is on file in the purchasing office.
D. Before a contract is let to a contractor or financial institution by the city, or before
purchases are made from a vendor,the purchasing agent or city clerk must have on file a
written statement from the contractor,vendor,or financial institution that it has a present
or proposed program which is approved as an acceptable equal employment opportunity
or affirmative action plan for the utilization of minorities in their work force.Neither this
section,nor any other section of this title,shall be construed to prevent the city manager or
department heads from authorizing or doing business with contractors or vendors for
emergency services or supplies.
E. In the event that any contractor, vendor, financial institution or labor organization
contracting with the city fails to comply with the fair employment and affirmative action
provisions of this section, the city, in its discretion, may:
1. Cancel,terminate or suspend the contract in whole or in part;
2. Declare the contractor, vendor, financial institution or labor organization ineligible for
further contracts for a calendar year;
3.Recover from the contractor or vendor by setoff against the unpaid portion of the contract
price,or otherwise pursuant to this contract,the sum of fifty dollars($50.00)per day,as
liquidated damages and not as a penalty, for each day that the contractor or vendor shall
fail to comply with these provisions of the contract,as determined by the city council after
recommendation by the city manager, the said sum being fixed and agreed upon by and
between the contractor and the city because of the impracticability and extreme difficulty
of fixing and ascertaining the actual damages which the city would sustain in the event of
such a breach of contract,and said amount is agreed to be the amount of damages which
the city would sustain;
4.Impose such other sanctions as may be recommended by the city manager or his designee
pursuant to this section or other ordinances."
Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this
ordinance be and are hereby repealed to the extent of any such conflict.
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Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Aa / •
David J. Kapta , M. or
Presented: December 18, 2019
Passed: December 18, 2019
Vote: Yeas: 8 Nays: 1
Recorded: December 18, 2019
Published: December 19, 2019 .•b ��
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Attest: r+ V1
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Kimberly Dewis, Clerk '- �;
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