Title
Notice/Advertisement Title: Update to the Rules of the Community Relations Commission, Effective June 24, 2021
Contact Name: Pedro Mejia
Contact Telephone Number: 614-645-8141
Contact Email Address: pdmejia@columbus.gov
Body
Rules of the Community Relations Commission
Effective October 3, 2024
To become America’s opportunity city, Columbus must be just and inclusive for all residents. The Department of Neighborhoods, through the Community Relations Commission (CRC), plays an important role in the promotion of mutual understanding and respect of different communities in Columbus. This work helps to eliminate the effects of current and past discrimination.
Section 1 - Practice and Procedure
a) Scope of Rules
These rules outline how the work of the Community Relations Commission as defined in Chapter 139 and 2331 of the Columbus City Code will be implemented.
b) Amendments
A majority vote by the members of the Commission can be used to amend the rules. Ten business days prior to a vote on a proposed rule change occurring, all CRC members must receive the proposed amendment(s). The amendment shall be distributed to all members in the same manner used for regular meeting materials.
c) Attendance
Commissioners shall notify the Chair of the Commission and the Director of the Department of Neighborhoods when they are unable to attend a Commission meeting. Commission members shall be allowed to miss two regularly scheduled meetings of the full Commission per year. Any Commissioner absent for three regularly scheduled meetings in one year shall be considered to have provided their notice of intent to resign from the Commission. Prior to action being taken to remove a CRC member, any extenuating circumstances shall be considered by the Chair and Director.
d) Regular and Special Meetings
An annual schedule for Commission and Executive Committee meetings shall be established by the Executive Committee each November and posted to the City Bulletin and Department of Neighborhoods website. Full Commission meetings shall be held six (6) times annually, and Executive Committee meetings shall be held up to twelve (12) times annually. Special meetings may be called by the Chair, or at the request of any five members of the Commission. Notice of a special meeting shall be given to each member at least seventy-two (72) hours before the time of the meeting. The manner of delivery shall be the same used to distribute regular meeting materials.
e) Quorum and Voting
Quorum shall be reached when fifty (50) percent plus one (1) Commission members or Executive Committee members who have been confirmed by City Council at the time of a meeting are present. A majority vote of the members present at any such meeting in which a quorum exists shall be required to pass any motion. Members must be present at the meeting to vote. Voting by proxy or by electronic means is prohibited.
f) Conflict of Interest
In the case when a member of the Community Relations Commission has a conflict of interest, they are expected to disclose the conflict to the Commission Chair and/or Director of the Department of Neighborhoods and exclude themselves from any further engagement on the matter.
g) Commission Minutes and Records
Records of the Community Relations Commission shall be maintained in accordance with the Department of Neighborhoods’ approved records retention schedule. The Director of the Department of Neighborhoods, or their designee, shall prepare minutes of all meetings and shall provide a copy to all members of the Commission.
Section 2 - Organization
a) Membership of the Commission
The Commission shall comprise of fifteen (15) members appointed by the Mayor and approved by City Council. In addition, there shall be five (5) non-voting advisors to the Commission who represent City elected officials and Department Directors as outlined in Chapter 139 of the Columbus City Codes. The Commission shall strive to be representative of the diverse communities found in Columbus.
b) Expectations of Membership
The Commission shall establish by majority vote expectations for all members regarding meeting attendance and participation in Commission activities. All members are expected to acknowledge and adhere to the policy that is established.
c) Commission Officers and Executive Committee
The Commission, at its regular meeting in November of every other year, shall elect a Chair, Vice -Chair, and three (3) additional members to serve on the Executive Committee to begin on January 1 of the following year. Executive Committee members are to serve a term of two (2) years. The Chair shall preside over all meetings of the Commission and Executive Committee and shall decide all points of procedure pursuant to Roberts’ Rules of Order. In the absence of the Chair, the Vice Chair shall preside over Commission and Executive Committee meetings.
d) Executive Committee
The Executive Committee shall conduct Commission business between regular meetings. All actions of the Executive Committee shall be subject to review by the Commission.
e) Committees of the Commission
In addition to the Executive Committee, the Commission may establish, by a vote of a majority of the Commission, official committees for the purpose of aiding in the discharge of its duties. The activities of all committees shall be subject to the direction and control of the Commission. The chair of every Committee shall be appointed by the Chair of the Commission and subject to the approval of the Commission for a term of one (1) year. Membership of a Committee shall be coordinated and maintained by the Chair of the Committee.
Section 3 - Complaints of Discrimination
a) Definitions
Definitions of all terms included in investigatory procedures shall be found in section 2331.01 of the Columbus City Code.
b) Processing Complaints of Discrimination
A complaint of discrimination that is submitted to the CRC may be accepted if it meets the following requirements:
• Occurred within the geographical limits of the City of Columbus
• Occurred within the past six months
• Occurred on the basis of a protected class and within the area(s) of employment, public accommodation, housing, or salary history
• For allegations related to employment, the employer must have at least four or more employees
Complaints will be referred to other governmental agencies in instances where another agency has the primary jurisdiction for a matter. Referrals may also be made if the type of relief sought by a complainant is only possible through another governmental agency. A record of all complaints received will be maintained by the Community Relations Commission.
Complaints may be filed electronically through the Department of Neighborhoods’ website, or by paper. The intake form will be made available for download online or may be picked up at the Department of Neighborhoods’ administrative office. Completed paper forms can be mailed in or dropped off at the Department of Neighborhoods’ administrative office.
Forms will be made available in English, Somali, and Spanish, and may be made available in yother languages upon request.
When a complaint is submitted, a staff person who is assigned to accept complaints will perform an initial inspection to confirm that all requirements to accept a complaint have been fulfilled.
If more information is required to determine if a complaint can be accepted, a staff person will immediately contact the complainant for more information.
If a complaint does not meet the requirements a staff person will contact the complainant to inform the complainant that the complaint cannot be accepted. When possible, a staff person will also offer to identify a referral to another agency.
It is the responsibility of the complainant to notify and update the CRC on any changes to information on the complaint form. This includes phone number, address, email, and any other details that emerge regarding the complaint.
If the CRC has attempted to contact the complainant, and the CRC has not received a response for a period of sixty (60) days, the CRC may dismiss the complaint.
The Commission shall strive to resolve, dismiss, or refer for prosecution complaints within six (6) months of receipt of the complaint. If at six (6) months after the date of receipt a complaint is not resolved, dismissed, or referred for prosecution, or no fine is issued, the CRC shall notify the complainant of the current status of their complaint and when possible, provide information on other organizations that may accept the complaint.
The Commission will maintain records of all complaints filed in accordance with the Department of Neighborhoods’ records retention schedule.
c) Investigatory Procedure
Whenever it is alleged in a complaint, in writing, by a person, hereinafter referred to as "complainant," that any person, employer, employment agency, or labor organization, hereinafter referred to as the "respondent," has engaged in or is engaging in any unlawful discriminatory practices as defined in Title 23, Chapter 2331 and Chapter 2335 of the Columbus City Codes, or upon the investigator’s own initiative, in matters relating to such discriminatory practices, the investigator may initiate an investigation. Such complaint shall be filed with the investigator within six (6) months after the alleged unlawful discriminatory practices are committed.
(1) If the investigator receives a complaint that is incomplete or describes practices not defined in Title 23, Chapter 2331 and Chapter 2335 of the Columbus City Codes, the complaint will not be accepted. The person filing the complaint will be notified and no further action will be taken.
(B) After investigation, the investigator may do any of the following:
(1) If there is no reasonable basis to believe that unlawful discriminatory practices have been or are being engaged in, recommend to the community relations commission that the complaint be dismissed and closed.
(2) If there is a reasonable basis to believe that unlawful discriminatory practices have been or are being engaged in, endeavor to eliminate such practices by methods of conference, conciliation, and persuasion.
(a) If the investigator is satisfied that any unlawful discriminatory practice of the respondent has been or will be eliminated, the investigator may recommend to the community relations commission that the complaint be deemed conciliated and closed.
(b) If the investigator fails to effect the elimination of such unlawful discriminatory practices or to obtain conciliation of the matter, or, if the circumstances warrant, in advance of or during any such investigation or endeavors to conciliate the matter, the investigator may recommend to the community relations commission that the complaint be referred to the City Prosecutor to evaluate for criminal prosecution. This subdivision shall not apply to complaints filed under Chapter 2335.
(c) If the investigator fails to effect the elimination of such unlawful discriminatory practices or to obtain conciliation of the matter and no referral to the City Prosecutor to evaluate for criminal prosecution is then pending, the investigator, may recommend to the community relations commission that a notice of violation and imposition of a civil penalty be served upon the respondent.
(C) Upon receiving a recommendation from the investigator, the community relations commission may accept or reject the recommendation. The Director shall then be notified in writing of the commission’s decision.
(D) Upon being notified in writing, the Director may accept or reject the recommendation of the community relations commission and issue a decision. Such decision shall be reduced to writing and the Director shall notify the investigator of their decision.
(E) Upon receiving notification of the Director’s decision, the investigator may do any of the following:
(1) close the complaint and notify the complainant of the decision,
(2) if the Director rejects the recommendation of the community relations commission, consult with the Director and/or the commission to determine what further action, if any, needs to be taken on the complaint, and complete any additional investigation and/or processing of the complaint as directed,
(3) notify the City Prosecutor’s Office of the Director’s decision to refer the complaint for evaluation for potential criminal prosecution, or
(4) issue a notice of violation and imposition of civil penalty to the respondent.
(a) said notice shall inform the respondent of the right to appeal before a hearing officer appointed by the Department of Neighborhoods and that failure to request an appeal within fifteen (15) calendar days of receipt of the notice shall constitute a waiver of the right to appeal and shall be considered an admission of violation and a default finding of civil liability shall be imposed for the amount assessed.
(F) Respondent may appeal a decision of the Director by submitting a written notice of appeal to the investigator including the name, address, and telephone number of the respondent, the date of the written notice of appeal, and a statement of intent to appeal. The investigator shall schedule an appeal hearing within thirty (30) calendar days of receipt of a written notice of appeal. The hearing officer may grant continuances as deemed necessary.
(1) the hearing officer shall be an attorney admitted to the practice of law in the State of Ohio and shall not be a city employee.
(2) the Director or designee shall appoint the hearing officer and schedule the date, time and location of the appeal hearing. Notice of the appeal hearing shall be sent timely to the respondent. The investigator shall maintain a record of the hearing consistent with the Department’s records retention schedule. The record may be made by stenographic means or by the use of an audio electronic recording device.
(G) If a hearing officer is appointed, the hearing officer shall have the authority to:
(1) Conduct a hearing applying a preponderance of the evidence standard and administer an oath to anyone who will testify;
(2) Provide to all the parties, witnesses, and the Community Relations Commission timely notice of the hearing date, time, and location;
(3) Direct the exchange of discovery;
(4) Set, change as necessary, and timely communicate to the parties such reasonable procedural rules as the hearing officer shall deem appropriate including:
(a) The Department of Neighborhoods shall have the burden of going forward with the presentation of evidence. All parties shall have the right to appear and be heard in person, or by legal counsel, to present their case.
(b) All parties shall have the right to: offer and examine witnesses and present evidence in support of their case; cross examine adverse witnesses; and proffer evidence into the record if its admission has been denied.
(c) Make rulings on all matters of evidence. In so doing, the hearing officer is not strictly bound by the rules of evidence. The hearing officer may ask questions of any witness at any point in the proceedings and may set time and other limitations for each side in the presentation of evidence. A record of proceedings shall be kept.
(5) Except as otherwise prescribed by law, the hearing officer shall submit, within seven (7) business days from the hearing date, to the investigator and the respondent, a written report setting forth the hearing officer's findings of fact and conclusions of law with final determination of the matter.
(a) The written report of the Hearing Officer may not include any orders for reinstatement of employment, refund of monies paid, other mitigation of damages, or any other orders for corrections or sanctions, except as provided in this section.
(b) The written report containing a determination of the matter shall be considered a final appealable order and may be appealed pursuant to the provisions of R.C. Chapter 2506.
(6) A copy of the Hearing Officer's written report shall, within five (5) days of being submitted to the investigator, be served upon the respondent or respondent's attorney, by certified mail.
(H) Civil Penalties
(1) Upon an administrative finding of violation by the Director, a civil penalty shall be assessed in accordance with the fine schedule adopted by the Director pursuant to the authority granted in City Code §233.02.
(2) If a civil penalty has been assessed, and any portion thereof remains unpaid thirty (30) days following receipt of service of the notice of finding of violation or, if an hearing had been requested, thirty (30) days following receipt of service of the final written report of the hearing, the City Attorney may institute civil enforcement proceedings against the respondent.
Section 4: Fee Schedule
(1) Upon an administrative finding of violation by the Director, a civil penalty shall be assessed in accordance in the amount of one thousand dollars ($1,000) shall be imposed;
(2) Upon an administrative finding of violation by the Director, if the violator has been found to have committed one violation of this Chapter during the five-year period immediately preceding the date on which a complaint was filed with the community relations commission, a civil penalty in an amount of two thousand five hundred dollars ($2,500) shall be imposed;
(3) Upon an administrative finding of violation by the Director, if the violator has been found to have committed two or more violations of this Chapter during the five-year period immediately preceding the date on which a complaint was filed with the community relations commission, a civil penalty in an amount of five thousand dollars ($5,000) shall be imposed;
(2) If a civil penalty has been assessed and any portion thereof remains unpaid thirty (30) days following receipt of service of the notice of finding of violation or, if an hearing had been requested, thirty (30) days following receipt of service of the final written report of the hearing officer, the City Attorney may institute civil enforcement proceedings against the respondent.