025 of 2005 - Relating to the purpose & creation o the Salt Lake City Human Rights Commission 0 05-1
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SALT LAKE CITY ORDINANCE
No. 25 of 2005
(Salt Lake City Human Rights Commission)
AN ORDINANCE REPEALING AND REENACTING CHAPTER 2.78, SALT LAKE
CITY CODE, RELATING TO THE PURPOSE AND CREATION OF THE SALT LAKE CITY
HUMAN RIGHTS COMMISSION.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 2.78.010, Salt Lake City Code, pertaining to the purpose of
the Salt Lake City Human Rights Commission be, and the same hereby is, repealed and reenacted
to read as follows:
2.78.010 Purpose:
A. The City of Salt Lake (the "city") is comprised of diverse and varied groups,
communities, and individuals. The practice of discrimination against these groups, communities,
or individuals on the grounds of age, ancestry, color, disability, gender, national origin, marital
status, medical condition, physical limitation, race, religion, or sexual orientation, and the related
exploitation of prejudice, adversely affects the general welfare of the city and the vitality of its
neighborhoods.
B. Discriminatory practices are detrimental because they impede the social and
economic progress of the city by preventing all people from contributing to or fully participating
in the cultural, spiritual, social and commercial life of the community, essential to the growth and
vitality of its neighborhoods and businesses.
C. In developing this ordinance, the Salt Lake City Council (the "Council") has
investigated other urban centers throughout the nation and studied the effectiveness of
commissions empowered to study issues of diversity, to work with city government and the
community, to eliminate potential discrimination in existing and future ordinances and policies,
and to encourage and educate its citizenry to facilitate full and equal participation in the life of
the city.
D. This chapter repeals and reenacts Section 2.78.010 et seq. for the purpose of
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creating the Salt Lake City Human Rights Commission (the "Commission"), adapted and
enhanced from the herein repealed Multi-Ethnic Community Resource Board, for the general
purpose of advising the Council and Mayor on nondiscrimination policy and providing resources
for educating the citizenry on issues of discrimination and equal treatment in all segments of
society. The Commission shall also provide advice and recommendations to address specific
complaints of discrimination involving Salt Lake City Corporation (the "City") departments and
services.
SECTION 2. That Section 2.78.020, Salt Lake City Code, pertaining to definitions be,
and the same hereby is, repealed and reenacted to read as follows:
2.78.020 Definitions:
Unless otherwise specified, as used in this section:
A. "City" means Salt Lake City, a municipal corporation of the State of Utah.
B. "Commission" means Salt Lake City Human Rights Commission created in Section
2.78.030.
C. "Council" means Salt Lake City Council.
D. "Disability" means a physical or mental impairment that substantially limits one or
more of a person's major life activities, including a person having a record of such impairment or
being regarded as having such an impairment or defined and covered by the Americans with
Disabilities Act of 1990, 42 U.S.C. sec. 12102.
E. "Discrimination" means a practice in employment, immigration, housing, public
safety, public transportation or in other City departments or services that unfairly segregates or
separates on the grounds of age, ancestry, color, disability, gender, national origin, marital status,
medical condition, physical limitation, race, religion, or sexual orientation or is unlawful under
the United States Constitution, the Utah Constitution, Title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Utah
Antidiscrimination Act of 1965, or the Utah Fair Housing Act.
F. "Gender" means sex and includes pregnancy, childbirth, and disabilities relating to
pregnancy or childbirth.
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G. "Mayor" means the duly elected or appointed and qualified mayor of Salt Lake City.
H. "Marital status" means a person is either single, married, divorced, or separated.
I. "Member" means a person appointed by the Mayor with the advice and consent of the
Council who is duly qualified as an acting and voting member of the Commission.
J. "National origin" means the place of birth of an individual or any lineal ancestors.
K. "Person" means an individual.
L. "Sexual orientation" means the direction of one's sexual preference, including gender
identity and expression.
SECTION 3. That Section 2.78.030, Salt Lake City Code, pertaining to creation of the
Human Rights Commission be, and the same hereby is, repealed and reenacted to read as
follows:
2.78.030 Human Rights Commission -- Creation:
A. There is created the Human Rights Commission.
B. The Commission shall be composed of nine members.
C. The Mayor shall appoint, with the advice and consent of the Council:
1. seven representatives with one representative from each of the seven Council
districts; and
2. two representatives from the community who represent the diversity of the city.
D. Each member of the Commission shall:
1. be at least eighteen(18) years of age;
2. be a resident of Salt Lake City;
E. Each member of the Commission initially appointed shall serve from the time of date
of the appointment until his or her term expires. Members shall be appointed as provided in
Subsection D except that those appointed shall draw by lot for terms of office of two, three, or
four years each so that terms of office expire on a staggered basis. Each member's term shall
expire on the applicable last Monday in December. All appointed members of the Commission
shall serve no longer than two consecutive terms.
F. Each member shall perform duties on a voluntary basis without compensation and
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shall be immune from liability with respect to any decision or action taken during the course of
his or her services as provided in Utah Code Annotated, Section 63-30-1 et seq. A member may
receive reasonable compensation for authorized administrative, professional, or other bona fide
services to the Commission pursuant to a written contract in a capacity other than as a
Commission member.
G. If a vacancy occurs for any reason before the member's term expires, the Mayor shall
appoint the replacement, with the advice and consent of the council, to fill the vacancy for the
unexpired term. In exercising his or her discretion in making appointments, the Mayor shall,
when advisable, take into consideration the geographic diversity of the city and the bipartisan
nature of the Commission.
SECTION 4. That Section 2.78.050, Salt Lake City Code, pertaining to removal from
office be, and the same hereby is, repealed and reenacted to read as follows:
2.78.050 Removal from Office:
A. Any member may be removed from office by the Mayor for cause prior to the normal
expiration of the term for which such member was appointed.
B. If any member engages in conduct that, in the opinion of the Commission, is
prejudicial to its best interests, the Commission may recommend removal of such member to the
Mayor.
C. Any member who shall be absent for one-half of the meetings in any consecutive 12-
month period may be removed by the Mayor.
SECTION 5. That Section 2.78.060, Salt Lake City Code, pertaining to members' ethics
be, and the same hereby is, repealed and reenacted to read as follows:
2.78.060 Members' Ethics:
Members shall comply with the provisions of the city's Conflict of Interest Ordinance,
Chapter 2.44 of this Title. Any violation of the provisions shall be grounds for removal from the
Commission.
SECTION 6. That Section 2.78.070, Salt Lake City Code, pertaining to eligibility for
membership be, and the same hereby is, repealed and reenacted to read as follows:
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2.78.070 Meetings—Quorum:
A. The Commission shall meet no less than quarterly. The annual meeting schedule will
be set at the first regular meeting after the third Monday in January of each year. The meetings
shall comply with Title 52, Chapter 4, Open and Public Meetings, Utah Code Ann. (1953, as
amended) if applicable.
B. Special meetings may be called by a majority of the Commission, the chair, or the
mayor. The member calling the special meeting must sign the call, and, unless waived in writing,
each member not joining in the call must be given not less than 24 hours notice. The notice shall
be served personally or left the member's residence or business office. A quorum shall constitute
a majority of the Commission positions filled for the transaction. The Commission may act
officially by an affirmative vote of the quorum.
C. The Commission shall keep a written record of its proceedings which shall be
available for public inspection in the office of the city recorder. The Commission shall record
the yea and nay votes.
D. The Commission shall adopt a system of rules of procedure for conducting meetings.
The Commission may suspend the rules of procedure by unanimous vote of the members present.
The Commission shall not suspend the rules of procedure beyond the duration of the meeting
when the suspension of rules occurs.
SECTION 7. That Section 2.78.080, Salt Lake City Code, pertaining to meetings be, and
the same hereby is, repealed and reenacted to read as follows:
2.78.080 Elections of Officers:
At its first regular meeting after the third Monday in January, the Commission shall select
one of its members as chair and another as vice-chair. The vice-chair shall perform the duties of
the chair during the chair's absence or disability. A member may not serve more than two
consecutive terms as chair.
SECTION 8. That Section 2.78.090, Salt Lake City Code, pertaining to elections of
officers be, and the same hereby is, repealed and reenacted to read as follows:
2.78.090 Advisory Authority:
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A. Any action taken by the Commission shall be advisory in nature and shall
constitute recommendations to the Council and the Mayor. The Council and Mayor shall
consider the recommendations and review, ratify, modify, or disregard any recommendation
submitted.
B. The Commission may not implement any action until the Council or Mayor notify
in writing that the recommendation is ratified or modified and adopted. If modified, the
Commission shall implement the action only as modified.
SECTION 9. That Section 2.78.100, Salt Lake City Code, pertaining to scope of board's
authority be, and the same hereby is, repealed and reenacted to read as follows:
2.78.100 Committees:
A. The Commission may designate such committee or committees as it desires to
study, investigate, consider, or make recommendations on matters which are presented to the
Commission or undertaken by the Commission.
B. In the event the Commission desires nonmembers to serve on such a committee,
the Commission may request the administrator of the Police Civilian Review Board, Department
of Management Services, to make the appointment.
C. Committee members shall serve without compensation and shall be immune from
liability as provided in Section 2.78.030 F.
SECTION 10. That Section 2.78.110, Salt Lake City Code, pertaining to committees be,
and the same hereby is, repealed and reenacted to read as follows:
2.78.110 Powers and Duties:
A. The Commission shall make recommendations to the Mayor and the Council
regarding the Commission's:
1. ongoing review of ordinances or policies;
2. use of educational resources on issues of discrimination and equal
treatment;
3. review of complaints of discrimination involving city departments or city
services for the purpose of identifying the possible systemic or institutional sources of such
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instances of discrimination;
4. review of legislation, policies, or other action by the City designed to
further the elimination of prejudice and discrimination;
5. review of any pending legislation, policy changes, or other City action that
may impact human rights and relations;
6. research conducted or factual data obtained, within budgetary constraints,
on the status and treatment of diverse populations and the best ways to improve human relations,
to eliminate discrimination and to secure full and equal participation;
7. investigation of opportunities to collaborate with other groups to foster
nondiscrimination education;
8. work in partnership to foster positive intergroup relations by instituting
and conducting educational programs; and
9. actions as a resource at the request of Community Councils.
B. The Commission shall report to the Council and the Mayor, no less than once each
year on its activities, recommendations, and findings concerning matters on human rights and
nondiscrimination policies. The report shall be in writing and made public.
SECTION 11. That Section 2.78.120, Salt Lake City Code, pertaining to powers and
duties be, and the same hereby is, repealed.
SECTION 12. This ordinance shall take effect on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this 14tday of June , 2005.
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CHIEF DEPUTY CITY RECORDER
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Mayor's Action: /c Approved. Vetoed.
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