Backup 20190923-4a — original pdf

Backup

AUSTIN HUMAN RIGHTS COMMISSIONPublic Accommodations Appeal HearingsCode of City Ordinances Title 5, Civil RightsThe Commission investigates charges of discrimination which occur within the City, including:•Fair Housing•Public Accommodations•Employment•Discrimination against People with AIDS•Disability DiscriminationComparison of Legal AuthorityHousing•Texas Local Gov’t Code, Chapter 214 (Fair Housing Ordinances)•Texas Property Code, Chapter 301 (Fair Housing Act)•City Ordinances, Part 5, Civil Rights, Section 5-1Employment•Texas Labor Code, Chapter 21 (Local Commissions)•City Ordinances, Part 5, Civil Rights, Chapter 5-3Public Accommodations•City Ordinances, Part 5, Chapter 5-2•No other state law authorityCharge Investigation •File charge within 180 days of alleged occurrence•Notice to Responding Party•Staff determines if charging party made an allegation covered under Chapter 5-2.•Reasonable Cause DeterminationStaffs Reasonable Cause DeterminationReasonable Cause Found •Staff makes efforts to resolve the matter through informal methods, including conference, conciliation, and persuasion.No Reasonable Cause•Dismissal of the charge and notification to the charging party and the respondent.•Charging party may file a “request for review”of the dismissal within 10 days of receiving notice. This request triggers the hearing before the Commission. Open Meetings Act, City Ordinancesand ResolutionsHearing Process and Procedures Open Meetings Act: Rights of the Public•A meeting that is “open to the public” under the Act is one that the public is permitted to attend.•The Act does not entitle the public to choose the items to be discussed or to speak about items on the agenda. A governmental body may, however, give members of the public an opportunity to speak at a public meeting. If it does so, it may set reasonable limits on the number, frequency, and the time allotted to each speaker.Austin City Ordinance: 5-2 Civil Rights•City Ordinance requires the Commission to hear from the charging party. •The Commission, “shall conduct a hearing and provide the charging party an opportunity to appear to present evidence.”•Open Meetings Act permits limits on the time and scope of the statements made at an open meeting. Resolution 20170518-015•Procedures for Austin City Council Meetings, Public Hearings, and Appeals.•Members of the public are required to register before being permitted to speak, EXCEPT:•City Ordinance 5-2 requires the Commission to permit the charging party to speak.•Resolution 20170518-015, Division 2. Appeals also requires the Commission to permit the charging partyto speak. •Other speakers must register to speak for or against the charging party’s appeal. Order of Proceedings1.Report from City Staff2.Presentation from charging party, limited to 5 minutes. In the 5 minutes, the charging party may call witnesses for examination. 3.Comments by persons speaking in support of the appeal, subject to 3 minute time limitation.4.Comments by persons speaking against the appeal, subject to 3 minute time limitation. CONCLUSION OF HEARINGAffirm FindingsIf the Commission finds that there is noreasonable cause to believe that a charge alleges a violation of Ordinance 5-2, the Commission will vote to AFFIRM. After a vote to affirm the findings, the matter will be closed by EEFHO staff.Reverse FindingsIf the Commission finds reasonable cause that the charge alleges a violation of Ordinance 5-2, the Commission with vote to REVERSE.After a vote to reverse the findings, EEFHO staff to continue with informal dispute resolution, such as conference, conciliation, and persuasion.