Chapter 60 - HUMAN RIGHTS COMMISSION

Sec. 59.105. - Duties. Chapter 62 - CONSTRUCTION TRADES QUALIFYING BOARD Chapter 60 - HUMAN RIGHTS COMMISSION[1]

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Editor's note— Ord. 98-326-E, § 1, amended the Code by repealing former Chapter 60, §§ 60.101—60.106, and adding a new Chapter 60, §§ 60.101—60.108. Former Chapter 60 pertained to the Community Relations Commission and derived from Ord. 70-96-12, §§ 1—6; Ord. 70-650-526; Ord. 71-397-181; Ord. 78-257-100, § 1; Ord. 78-633-626, § 30; Ord. 79-1212-704, § 1; Ord. 82-961-535, § 2; Ord. 83-591-400, § 1.

Cross reference— Laws applicable to all boards and commissions, see Ch. 50; equal opportunity, Tit. XI.

State Law reference— Discrimination prohibited, Fla. Const. Art. I, § 2; discrimination prohibitions, F.S. Ch. 780.

PART 1. - IN GENERAL[2]

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Editor's note— Ord. 2003-1058-E, § 21, amended the Code by adding the Part 1 designation to §§ 60.101—60.109.

Sec. 60.101. - Commission established.

There is hereby established a Jacksonville Human Rights Commission for the City as the successor to the Community Relations Commission as established by Ordinance GG-16 of the former City of Jacksonville and Ordinance Chapter 60 of the Consolidated City of Jacksonville and Jacksonville Equal Opportunity Commission as established by Ordinance Chapter 86 of the City of Jacksonville (hereinafter referred to as the Commission). The Commission shall consist of 11 members, who shall be broadly representative of the various social, economic, religious, cultural, ethnic, and racial groups which comprise the population of the City. Members shall be appointed by the Mayor subject to confirmation by the City Council. Each member shall be a resident of the City or employed in the City and shall continue to be a resident or employed within the City so long as he/she serves as a member of the Commission. For the purposes of this Commission members shall consist of those members with time remaining on their current term from the predecessor commissions and may be reappointed if qualified under the terms in Section 60.103.

(Ord. 98-326-E, § 1; Ord. 2004-699-E, § 1; Ord. 2017-385-E, § 1)

Sec. 60.102. - Organization of Commission.

(a)

The chairperson and one or more vice-chairpersons of the Commission shall be elected annually by the members of the Commission from among their number. The officers shall have such duties and responsibilities as are assigned to them by the rules of the Commission.

(b)

The Executive Director of the Human Rights Commission shall serve as the Commission's chief administrative officer and shall be appointed by the Mayor, subject to confirmation by the City Council and shall serve at the pleasure of the Mayor. The Commission shall employ such persons as may be necessary to perform its functions, subject to the civil service laws of the City and to budgetary limitations.

(Ord. 98-326-E, § 1)

Sec. 60.103. - Terms; vacancies; attendance.

Appointments to the Commission shall be for a term of three years. Any member appointed to the Commission for two consecutive full terms shall not be eligible for the next succeeding term. Appointment to the Commission for seven members whose term shall expire on December 31 of the first year; the next seven members' terms which shall expire on December 31 of the following year and six members' terms which shall expire on December 31 of the next ensuing year. A vacancy in term one shall be filled in the same manner as prescribed for in the initial appointment to the Commission. It shall, however, still be considered term one of two consecutive terms for the replacement. If a member serves beyond term two until a replacement is appointed this shall also be considered a full term for the replacement. A vacancy in term two shall be considered an unexpired term and the replacement may serve two succeeding full terms. If any appointed member of the Commission fails to attend two of three successive meetings of the Commission without cause and notice to the Chair of the Commission, the Commission shall declare the member's office vacant and the vacancy shall be filled as provided for herein. The Mayor shall be notified of any vacancy declared by the Commission.

Sec. 60.104. - Conduct of business.

(a)

The Commission shall meet at least once each month, unless there is no business to transact, at such time and place as shall be fixed by the rules of the Commission, and special meetings shall be called in accordance with the rules of the Commission. The concurrence of at least nine members present shall be required before a report or recommendation is made on a matter considered by the Commission. A vacancy shall not impair the ability of the remaining members to exercise the powers of the Commission.

(b)

Hearings shall be conducted by the designated committee of the Commission that shall consist of no less than five members. Hearings may be held at any place within the City that is convenient for the parties involved, but the provisions of Section 122.105(b) shall apply with respect to the places where hearings shall be held.

(c)

The Commission may establish such committees from among its membership as it deems necessary to carry out its functions, the members of which shall be appointed by the chairperson.

(Ord. 98-326-E, § 1)

Sec. 60.105. - Functions, powers and duties.

The Commission shall promote and encourage fair treatment and equal opportunity for all persons regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, marital or familial status; and shall promote mutual understanding and respect among all economic, social, racial, religious and ethnic groups and shall endeavor to eliminate discrimination against, and antagonism between, religious, racial and ethnic groups and their members. In performing its functions, the Commission shall have the following powers and duties:

(a)

To exercise the powers and authority granted to the Commissions by Chapters 402, 406, and 408 and incidental powers necessary to the complete exercise of the express powers.

(b)

To receive and investigate, hold hearings on, seek to conciliate and act upon complaints alleging an unlawful employment practice under Chapter 402, a discriminatory public accommodations act under Chapter 406, a discriminatory housing practice under Chapter 408 or a violation of a rule under Chapter 60.

(c)

To receive and investigate complaints of, and to initiate its own investigations and hold public hearings to determine the facts about instances of discrimination and intergroup tensions and antagonisms, including discriminatory practices, abuses, or unlawful conduct in obtaining compliance with City or State laws by law enforcement officers or others.

(d)

To cooperate with private organizations and other governmental agencies, on the local, State and national level, having like or kindred functions in performing its functions under this Chapter.

(e)

To enlist the support of and work with civic, labor, religious, professional, and educational organizations and institutions in community activities and programs which further the goals of this Chapter.

(f)

To provide technical assistance to persons, as requested, to further compliance with Chapters 402, 406, and 408.

(g)

To cooperate with the various departments, agencies, and boards at the City, State and national level, in effectuating the purposes of this Chapter.

(h)

To issue subpoenas for, and compel the attendance of witnesses and the production of books, papers, records, documents and other evidence pertaining to any investigation or at a hearing before the Commission. By appropriate resolution, the commission may delegate the power to subpoena to the executive director.

(i)

To administer oaths and take the testimony of any person under oath, such oaths to be administered by the Commission.

(j)

To issue temporary, interim, remedial and affirmative orders and decisions necessary to the complete exercise of its powers and to seek injunctive relief, as necessary.

(k)

To conduct or arrange for research projects and technical studies into and public reports on discrimination and progress in equal opportunity in the community.

(l)

To recommend methods for elimination of discrimination and intergroup tensions and to use its best efforts to secure compliance with its recommendations.

(m)

To accept gifts, bequests, grants or other payments, public or private, and to deposit such funds into a self-appropriating trust fund to assist in financing its activities.

(n)

To submit an annual report of the actions taken and progress made during the past year.

(o)

To adopt, promulgate, amend and rescind rules and regulations to effectuate the policies and provisions of this Chapter.

(p)

To recommend legislation to the City Council and modes of executive action to the Mayor that will effectuate the purposes of this Chapter.

(q)

To carry out the functions assigned to it from time to time by law.

(r)

To administer and operate the Equal Opportunity Division as provided in Part 2, hereof.

(Ord. 98-326-E, § 1; Ord. 2003-1058-E, § 21; Ord. 2004-699-E, § 2; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 1)

Sec. 60.106. - Status of Commission as "deferral" and "referral" agency.

The Commission shall serve as a local governmental authority under Section 706 of Title VII of the Civil Rights Act of 1964, as amended [42 U.S.C. 2000e-5(c)] and F.S. § 760.06(3) and as a local agency administering fair housing laws under Section 817 of Title VIII of the Civil Rights Act of 1968, as amended [42 U.S.C. 3636]. The Commission is authorized and directed to become a deferral agency for the federal government and a referral agency for the State government and to comply with the necessary federal regulations and State laws to effect this designation. Any necessary agreements, certificates or statements shall be executed by the Mayor and Corporation Secretary and countersigned by the Executive Director of the Commission.

(Ord. 98-326-E, § 1)

Sec. 60.107. - Cooperation of other City agencies.

The services of the other departments, boards and offices of the City shall be made available to the Commission upon its request for services, subject to their ability and capacity to render them. Information in the possession of a department, board or office of the City shall be furnished to the Commission upon its request and to the extent permitted by law, subject to the ability and capacity of the department, board or office to furnish it. Upon the refusal of the head of a department, board or office to furnish information which has been requested by the Commission, the matter shall be referred to the Mayor, who shall determine whether the information shall be furnished to the Commission; and the decision of the Mayor shall be final.

(Ord. 98-326-E, § 1)

Sec. 60.108. - Transfer of complaints, etc., to Human Rights Commission.

Within 30 days after the effective date of the new Commission all cases that have been brought before the Community Relations Commission and the Equal Opportunity Commission shall be transferred to the jurisdiction of the Human Rights Commission and shall thereafter be handled, disposed of or dismissed in accordance with applicable law. Furthermore, all personnel, property and records of the two commissions shall be transferred to the jurisdiction of the Human Rights Commission. The proceedings so transferred shall continue without abatement and all orders issued by the Commissions and all agreements made by the parties in connection therewith shall remain in effect until and unless changed or rescinded by the Human Rights Commission as appropriate.

(Ord. 98-326-E, § 1)

Sec. 60.109. - Rights of person appearing before the Commission.

No person shall be compelled to appear before the Commission in the course of a hearing unless the person has been afforded the right to examine and cross-examine witnesses, and the person may be represented by counsel.

(Ord. 98-326-E, § 1)

PART 2. - EQUAL OPPORTUNITY DIVISION

Sec. 60.201. - Establishment; functions.

There is created an Equal Opportunity/Equal Access Division. The Division shall be responsible for administering the City's Equal Opportunity/Equal Access Program that promotes and enforces equal opportunity and access to and advancement within the City's workforce and adherence with federal contract compliance programs. The division shall receive internal complaints of discrimination and shall resolve complaints or conduct a fair investigation of such complaints in a prompt manner and provide for fair and adequate relief where appropriate. The Executive Director of the Human Rights Commission is the Division Chief of the Equal Opportunity/Equal Access Division. For all Equal Opportunity/Equal Access Division matters, the Executive Director shall report to the Chief Operating Officer.

(Ord. 2003-1058-E, § 22; Ord. 2004-699-E, § 3)

Sec. 59.105. - Duties. Chapter 62 - CONSTRUCTION TRADES QUALIFYING BOARD