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HomeMy WebLinkAbout10977 City Clerk's Office Item # R9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 23, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Harley Gifford, Deputy City Attorney SUBJECT: AN ORDINANCE ESTABLISHING THE CITY OF PUEBLO HUMAN RELATIONS COMMISSION, APPOINTING A CHAIRMAN AND MEMBERS THERETO, APPROVING BYLAWS, AND REPEALING ORDINANCE NOS. 6695 AND 9609 SUMMARY: This Ordinance establishes the City of Pueblo Human Relations Commission, appoints PREVIOUS COUNCIL ACTION: Previously, Council passed Ordinance 6695 which approved an Intergovernmental Agreement between the City of Pueblo and Pueblo County establishing the Pueblo Human Relations Commission on June 11, 2001. Council then passed Ordinance 9609 which approved an amended Intergovernmental Agreement replacing the original intergovernmental agreement governing the Human Relations Commission between the Board of County Commissioners of Pueblo County and the City Council for the City of Pueblo on November 27, 2019. BACKGROUND: On March 27, 2025 the Board of County Commissioners of Pueblo County approved Resolution 25-076 unilaterally withdrawing from the 2019 Pueblo Human Relations Commission Intergovernmental Agreement. It is the desire of the Commission members and the Mayor for the Commission to continue in its role independent of Pueblo County. FINANCIAL IMPLICATIONS: City Council has traditionally provided financial support to the Commission during its annual budget process. BOARD/COMMISSION RECOMMENDATION: The Human Relations Commission, as it previously existed with Pueblo County, supports this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: The City Council could choose not to adopt this Ordinance and allow the Human Relations Commission to proceed without the support of the City. RECOMMENDATION: Passage of the Ordinance ATTACHMENTS: 1. Attachment A - 2025 Human Relations Commission Roster 2. HRC bylaws DRAFT 2025 ORDINANCE NO.10977 AN ORDINANCE ESTABLISHING THE CITY OF PUEBLO HUMAN RELATIONS COMMISSION, APPOINTING A CHAIRMAN AND MEMBERS THERETO, APPROVING BYLAWS, AND REPEALING ORDINANCE NOS. 6695 AND 9609 WHEREAS, members of the community have encouraged the formation of a commission to function within the City of Pueblo to provide an instrumentality through which the City of Pueblo may officially encourage and bring about mutual understanding and respect for all persons of any race, creed, color, disability, gender, sexual orientation or national origin throughout the City, and help give effect to the guarantee of equal rights for all as assured by the constitution and laws of the state of Colorado and United States; and WHEREAS, Ordinance 6695 approved an Intergovernmental Agreement between the City of Pueblo and Pueblo County establishing the Pueblo Human Relations Commission on June 11, 2001; and WHEREAS, Ordinance 9609 approved an amended Intergovernmental Agreement replacing the original intergovernmental agreement governing the Human Relations Commission between the Board of County Commissioners of Pueblo County and the City Council for the City of Pueblo on November 27, 2019; and WHEREAS, on March 27, 2025 the Board of County Commissioners of Pueblo County approved Resolution 25-076 unilaterally withdrawing from the 2019 Pueblo Human Relations Commission Intergovernmental Agreement; and WHEREAS, by the terms of the 2019 Intergovernmental Agreement, upon the withdrawal of Pueblo County from the Agreement, any member of the Commission appointed by Pueblo County automatically expired and was vacated; additionally, the withdrawal of Pueblo County immediately terminated the 2019 Intergovernmental Agreement, allowing the Commission to continue as permitted by City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Ordinance 6695 dated June 11, 2001 and Ordinance 9609 dated November 27, 2019 are hereby repealed. SECTION 2. whose purpose is to advise the Mayor and City Council in establishing policies, procedures, and programs to address human relations and discrimination issues in the community and other SECTION 3. The City Council hereby adopts the Bylaws attached hereto and incorporated herein by reference for the purpose of guiding the Commission in accomplishing its mission. SECTION 4. Commission for the terms indicated. SECTION 5. Claire Schad is hereby appointed to serve as Chair of the Commission. SECTION 6. The Commission established hereby may be subsequently dissolved by the Mayor subject to the approval of City Council. SECTION 7. The officers and staff of the City are authorized and directed to take any and all required actions which are necessary or proper to implement the appointments, bylaws and policies and procedures described herein. SECTION 8. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 09, 2025. Final adoption of Ordinance by City Council on June 23, 2025. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City of Pueblo Pueblo Human Relations Commission Board Roster Term 1. Benji Caldera Dec 31, 2022 – Dec 31, 2025 2. Dawn Tripp-Sena Dec 31, 2023 – Dec 31, 2026 3. Claire Schad Dec 31, 2023 – Dec 31, 2026 4. Erik Segall Dec 31, 2024 – Dec 31, 2027 5. Brandon Martinez Dec 31, 2024 – Dec 31, 2025 (Youth Member) 6. Rose Works Dec 31, 2022 – Dec 31, 2025 7. Devin Klock Dec 31, 2022 – Dec 31, 2025 8. Shelby Bitz Dec 31, 2023 – Dec 31, 2026 9. Timothy Trujillo Dec 31, 2024 – Dec 31, 2027 10. Vacancy Dec 31, 2024 – Dec 31, 2027 PUEBLO HUMAN RELATIONS COMMISSION BYLAWS ARTICLE l. NAME PUEBLO HUMAN RELATIONS COMMISSION ARTICLE II. OBJECT OR PURPOSE OF COMMISSION The functions of the Pueblo Human Relations Commission (HRC) are as follows: A. Foster mutual respect and understanding and create an atmosphere conducive to the promotion of amicable relations among all members of the community; B. Serve as an authority and clearinghouse (entry point) through which citizens can convey their suggestions and/or receive information with respect to human relations; C. Advise and assist the City of Pueblo (the “City”), in establishing policies, procedures, and programs to address human relations and discrimination issues in the community; D. Advocate for and/or facilitate human relations issues in the community; E. Present educational programs which promote understanding and dialogue on human relations matters. F. Assist outside agencies in resolving human relations problems, modifying service to meet the changing needs of the community on human relations issues and coordinating human relations efforts with other agencies. G. Address other community issues as identified by the community and/or the City. H. Encourage citizen involvement in municipal, county and regional government processes. I. Receive and investigate (1) complaints of racial, religious and ethnic group tensions and misunderstandings and (2) practices of racial, religious, or ethnic discrimination of any person, agency, group or organization. J. Hold hearings related to matters of racial, religious or ethnic discrimination and/or tensions. K. Issue an annual public report pertaining to its activities and any concerns, conclusions or findings made by the commission during the course of the year. L. Attempt to serve as a clearinghouse and agency to encourage cooperation between various religious, racial and ethnic groups, community organizations, labor organizations, and fraternal and benevolent associations. ARTICLE III. MEMBERSHIP, TERM, VACANCIES The membership of the Commission shall consist of ten (10) members, one of whom shall be between fifteen (15) and twenty-one (21) years of age. Members shall serve without compensation. The City shall strive to make the commission broadly representative of the religious, racial, gender, sexual orientation, disabled, ethnic and generational groups of the City. The Chair of the Commission may, but is not required to, communicate to the Mayor any needs the board has to achieve broad representation of the community. The youth member shall serve a one-year term. The remaining members shall be appointed for staggered three-year terms. A commission member may be subject to removal by the Mayor. Any vacancy during the unexpired term of any member is filled by the Mayor, subject to Council confirmation, for the remainder of the term. ARTICLE IV. RESPONSIBILITIES OF MEMBERS OF THE COMMISSION The members of the commission shall have the responsibility to see that the purposes of HRC are fulfilled. In addition, the members shall have responsibilities for raising additional funds through various initiatives, including but not limited to, fundraisers, special events, mailings, etc. They shall have the responsibility for monitoring all aspects of spending and other financial outlays of HRC, and they shall have the duty to regularly report on the financial activities and spending of the commission, including but not limited to filing regular reports of all spending by the commission, directors, employees, volunteers or any other individuals associated with the commission. ARTICLE V. RESIGNATION HRC members may resign from the Pueblo Human Relations Commission at any time. It is desirable that members provide written notice to HRC's Chairperson at least forty-five (45) days prior to the effective date of the resignation. ARTICLE VI. ABSENCES The Mayor’s Office will be notified of any member absent without excuse from four (4) regular meetings per calendar year or three (3) successive meetings for dismissal from the Pueblo Human Relations Commission. ARTICLE VII. OFFICERS The Executive Committee of officers of the Pueblo Human Relations Commission shall be comprised of a Chairperson, Vice-Chairperson, Secretary and Treasurer. ARTICLE VIII. NOMINATION AND ELECTION OF OFFICERS All officers of HRC must be members of HRC. The HRC shall select from its membership a Chairperson of the commission. The commission shall select other officers serving on the Executive Committee. The election of the Chairperson, Vice-Chairperson, Secretary and Treasurer shall occur every two (2) years or when a vacancy occurs. These officers shall serve a term of two (2) years. Nominations for and the election of officers will occur annually at the January regular meeting. When it appears that nominations have ceased, the presiding officer shall declare nominations closed. A majority of the votes cast is required for election of officers. Should no individual receive a majority of the votes cast, a run- off will occur between the two (2) individuals having the greatest number of votes for any given office. ARTICLE IX. OFFICERS' TERM OF OFFICE Officers may be re-elected for a second term but may not serve more than two (2) consecutive full terms in the same office. ARTICLE X. DUTIES OF OFFICERS CHAIRPERSON The Chairperson shall serve as the Chair of the commission and shall preside at all commission meetings. The Chairperson shall have such other duties as are designated by the commission. The Chairperson may delegate authority to other members. The Chairperson will sign, with the Treasurer or any other proper officer of the commission, all contracts and documents authorized generally or specifically by the commission. The Chairperson shall serve as the official spokesperson for the commission. The Chairperson will ensure that new commissioners receive an orientation to enable them to appropriately perform their duties. VICE-CHAIRPERSON The Vice-Chairperson shall conduct meetings and perform the duties of the Chairperson in the absence of the Chairperson. The Vice-Chairperson shall have such other duties as may be delegated by the Chairperson or designated by the commission. SECRETARY The Secretary shall record meeting minutes and solicit corrections at meetings. The Secretary shall maintain and be the custodian of the commission's records. The Secretary shall be responsible for the giving and serving of all notices required by the bylaws and any other notices of the commission. The Secretary shall keep an updated list of all members with their terms, email addresses, mailing addresses and telephone numbers. The Secretary shall cause to be kept all books, documents, and communications and shall cause to be kept an accurate record of proceedings of the commission. The Secretary may have the assistance of paid staff or retained professionals in fulfilling his/her duties. TREASURER The Treasurer shall have authority and custody of all funds of the commission. They shall keep, or cause to be kept, full and accurate accounts of receipts and disbursements of the commission and shall deposit or cause to be deposited all monies and other valuables of the commission in the depositories which the commission may designate. At each meeting, and whenever required by the commission, they shall render a statement of accounts. They shall be responsible for the timely filing of all tax returns and arranging for the annual audit. The Treasurer shall, at all reasonable times, exhibit the commission's books and accounts to any director of the commission and shall perform all duties customarily incident to the position subject to the control of the commission. The Treasurer will prepare monthly financial statements for the review of the commission as well as a year-end financial statement. Jointly with the Executive Committee, the Treasurer shall be required to prepare an annual budget for the following year which must be presented to the commission at the June meeting. The Treasurer will also prepare a quarterly report for review by the Mayor. Funds of the commission are to be disbursed by the Treasurer for any related and appropriate purposes. The Treasurer may have the assistance of paid staff or retained professionals in fulfilling his/her duties. ARTICLE XI. MEETINGS Regularly scheduled meetings of the Pueblo Human Relations Commission will be held monthly and will be open to the public. The meetings shall be held in the evening unless otherwise specified by membership consent. Special HRC meetings may be called by the Chairperson with notice sent to HRC members forty-eight (48) hours in advance of the scheduled meeting. ARTICLE XII. QUORUM A majority of the currently appointed members shall constitute a quorum. In the event that an equal number of commissioners are currently appointed half of those members shall constitute a quorum. ARTICLE XIII. CONFLICTS OF INTEREST Any HRC member or individual who belongs to a member's immediate family who holds or appears to hold a financial or fiduciary interest in a matter before the HRC shall disclose the potential conflict of interest and shall not take part in the discussion or voting on said issue. Any HRC member or individual who belongs to a member's immediate family who is an employee of an entity whose conduct is being reviewed by HRC shall disclose the potential conflict of interest and may partake in any discussions pertaining to the subject matter but may not vote on said subject matter. No member of the commission shall have any personal liability to the commission or to the commission members, if any, for monetary damages for breach of fiduciary duty as a member; except that this provision shall not eliminate or limit the liability of a director for monetary loss for: any breach of a member’s duty of loyalty to the commission; act or omission not in good faith or which involves intentional misconduct or a knowing violation of law; acts specified in C.R.S. Section 7- 108-401 relating to loans of officers and directors; or any transaction from which the director received an improper personal benefit. ARTICLE XIV. CALENDAR YEAR st The Human Relations Commission shall establish a calendar year beginning January 1 and ending st on December 31. The calendar year may or may not be the same as the commission's fiscal year. The HRC work plan, for the current year, shall be summarized in December and a work plan for the next year will be established in December. ARTICLE XV. VOTING AND AMENDING BYLAWS Any resolutions, acts or decisions by HRC will be made by majority vote at any meeting. However, in order to amend the bylaws of HRC, it will take a majority vote of two-thirds (2/3) of the total HRC Membership. Any proposed amendment of the bylaws must be proposed in writing, at least thirty (30) days prior to the meeting at which the amendment is to be acted upon, with a copy also submitted to the Mayor’s Office. Amendments to the Pueblo Human Relations Commission’s bylaws must be in compliance with Colorado law and in accordance with Pueblo Municipal Ordinance No. ______, establishing the Pueblo Human Relations Commission. ARTICLE XVI. PARLIAMENTARY AUTHORITY Proceedings not governed by the Human Relations Commission bylaws shall be governed by the most recent version of Bob’s Rules of Order, a copy of which is attached hereto as Exhibit A. ARTICLE XVII. STANDING COMMITTEES HRC will establish committees as needed. All committees must be chaired by a member of the HRC but may have individuals from the community serving on said committees. ARTICLE XVIII. OPEN MEETINGS All meetings of HRC shall be conducted in accordance with the Colorado Open Meetings Law, Section 24-6-401, et seq., as amended. ARTICLE XIX. BUDGET APPROVAL In June of each year, the HRC members shall annually approve a budget for the following year. ARTICLE XX. INDEMNIFICATION The Human Relations Commission shall, to the extent permitted and within the limitations of the Colorado Governmental Immunity Act, Section 24-10-101, et seq., indemnify and defend each member, officer and employee of the commission in connection with any claim or actual or threatened suit, action or proceeding in which they may be involved in his or her official capacity by reason of his or her being or having been a member, officer or employee of the commission or by reason of any action or omission by him or her in any such capacity; provided, however, that the commission shall have no obligation to indemnify and defend any such member officer or employee of the commission for any suit, claim, action or proceeding arising out of criminal offenses, willful and wanton acts or omissions or gross negligence of such member, officer or employee. The commission's obligations pursuant to this Article shall be limited to monies of the commission available for such purposes, including but not limited to insurance proceeds. ARTICLE XXI. STAFF HRC has the power and authority to hire and fire staff as needed. Staff members shall carry out duties as assigned by the commission. The commission shall only assign duties that are consistent with these bylaws, the ordinance creating the commission, and the commission’s articles of incorporation. Staff members shall be responsible to the commission as a whole (as governed by the chair) and not to any member of the commission individually. ARTICLE XXII. TAX EXEMPT STATUS The commission shall be operated as a non-profit corporation, exclusive for charitable and educational purposes. No part of the activities of the commission shall consist of carrying on propaganda or otherwise attempting to influence legislation and the commission shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these bylaws, the commission shall not carry on any other activity not permitted to be carried on by (a) a corporation exempt from federal income tax under Section 50l(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code or (b) by a corporation contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code or corresponding sections of any future federal tax code. It is the express intention that the commission shall at all times qualify as tax exempt under Section 501(c)(3) of the Internal Revenue Code, as amended, so that all donations to the commission shall be deductible from taxable income of the donating party to the extent allowed by law. ARTICLE XXIII. DISSOLUTION The commission and its commissioners shall, at all times, adhere to the provisions of Part 10 of Article 1 of Title 15, Colorado Revised Statutes, as amended. The commission and the directors shall see to it that all of the income of the commission and all of its assets are devoted exclusively to educational and charitable purposes and that sufficient amounts of income, even to the extent of all, are used to assure that the commission will retain its charitable status. In the event of dissolution or final liquidation of the commission, none of such property or assets or proceeds therefore shall inure to the benefit of any individual, but shall, after all liabilities and obligations of the commission have been paid and satisfied or provisions otherwise made for, be distributed for charitable purposes within the State of Colorado. ARTICLE XXIV. MISCELLANEOUS This commission is not formed for pecuniary or financial gain and no part of the assets, income or profits of the commission is distributable to or inures to the benefit of its officers or members except to the extent permitted under the not-for-profit corporation laws of the State of Colorado. No substantial part of the activities of the commission shall be to carry on propaganda or to otherwise attempt to influence legislation. The commission shall not participate in or intervene (including publication or distribution of statements) in any political campaign on behalf of any candidates for public office. The commission may, however, elect to make expenditures to influence legislation pursuant to I.R.S. Code Section 501(h) and 4911. The commission in such event shall not make expenditures in excess. END OF BYLAWS