Human Relations - HRC Board

Municiple Building Augusta
Human Relations

Ordinance

The Human Relations Commission for Augusta-Richmond County, (hereinafter (“HRC”), previously established by the Board of Commissioners of Richmond County, Georgia, is hereby amended, revised, continued, and reconfirmed by the Augusta-Richmond County Commissioners, (hereinafter, (“the Commission”). (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-111COMPOSITION, APPOINTMENTS AND VOTING.

The HRC shall be composed of twelve (12) members with each Augusta-Richmond County Commissioner appointing one member to the HRC to represent each Commission District, and the Augusta-Richmond County legislative delegation appointing two members at large. Each member shall be of majority age and reside within Augusta-Richmond County. The Mayor of Augusta-Richmond County (hereinafter "Mayor") or his or her designee, shall be an ex-officio non-voting member of the HRC. Appointment shall be made in accordance with § 1‑4‑1 of the Augusta-Richmond County Code (hereinafter "the Code"). The HRC chairman shall not vote except in the event of a tie vote among the voting HRC commissioners. (Ord. No. 6805, §1, 6/21/2005)

§ 1-4-112.TERMS OF OFFICE.

Members of the HRC appointed by Commissioners shall serve four-year terms beginning April 1 st of the calendar year in which his or her appointing Commissioner began his or her four-year term on January 1 st. Members appointed by the Augusta-Richmond County Legislative Delegation shall serve four-year terms beginning April 1 st of the calendar year following even-numbered years that are not evenly divisible by 4. In the event of a vacancy, a successor may be appointed to serve during the unexpired term. Except as provided in this paragraph, a member of the HRC may not be removed from office prior to the expiration of his or her term except for cause as set forth in § 1-4-4 of the Code. The provisions of Code§ 1-4-2(b) and § 1-4-3 shall govern removal actions. The unexcused absence of any member of the HRC from three (3) consecutive regular meetings, or absences from more than four (4) meetings during any twelve-month period, shall constitute cause for removal of a member of the HRC. Per Code § 1-4-1.1, the members of HRC shall determine whether an excuse for an absence is adequate. The HRC may recommend removal of any member failing to meet attendance requirements. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-113. OFFICERS; TERMS OF OFFICE, LIMITS THEREON

The HRC shall elect a Chairman, Vice-Chairman and such other officers, as it deems necessary from its members. Such officers shall serve in their respective offices for an initial term of one year or until their successors shall be appointed. Officers shall serve for no more than two (2) consecutive one-year terms in the same office. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-114.COMPENSATION.

Members of the HRC shall serve without compensation. Members may be reimbursed for reasonable personal expenses incurred in the performance of their duties. Request for approval of reasonable personal expenses shall be submitted in writing. Approved requests for reimbursement shall be required before disbursement of reimbursement proceeds, in accordance with applicable policies of Augusta-Richmond County and Code § 1-4-120 below. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-115.EXECUTIVEDIRECTOR AND STAFF: DIRECTOR’S DUTIES.

The HRC shall employ an Executive Director qualified to provide leadership concerning human relations among diverse members of this community. The Director shall serve at the pleasure of the HRC, subject to the authority of the Commission. The termination of the Director, or the employment of a new Director, shall require the concurrence of the Commission. The Director shall coordinate the activities of the HRC and its staff. Subject to approval of the HRC and within the budget of the HRC, the Director may employ necessary staff. The compensation of the Director and other staff shall be as provided in the budget after such positions have been classified and a salary grade established by the Augusta-Richmond County Personnel Board with the approval of the Commission. The HRC shall perform an annual review of the Director’s performance and submit an annual written report to the Administrator of Augusta-Richmond County on or before March 31 st.

It shall be the Duty of the Director, with the assistance of his staff, to:

Receive, initiate, investigate, decide and pass upon complaints alleging unlawful conduct and other discrimination in employment or public accommodations because of race, religion, color, sex, national origin, handicap or age;
Develop such policies and procedures for its own use in hearing and determining such complaints consistent with due process; and
Issue rulings determinations to remedy any situation found to violate this article and prevent its recurrence, to include, but not limited to, the restoration of the complainant’s rightful place at his/her employer as if the violation of this article had not occurred. (Ord. No. 6776, §1, 3/15/2005; Ord. No. 6805, §2, 6/21/2005)

§ 1-4-116. DUTIES AND POWERS.

It shall be the duty of the HRC to:

Promote amicable relationships among diverse groups of individuals and organizations through non- discriminatory and equal treatment of others; investigate allegations of unlawful and discriminatory practices; attempt to act as conciliator in controversies involving human relations; issue remedies for violations of this article and prevent recurrence; conduct such investigations, studies and surveys and conduct such public hearings as are necessary for the performance of the duties of HRC; conduct such public hearings as are necessary for the performance of the duties of HRC; assist in improving the equality of opportunity for employment and advancement in Augusta-Richmond County government;
Educate the community through conferences, forums and other methods with respect to human relations and unlawful practices;
Coordinate activities among individuals and organizations concerned with these relationships;
Investigate, receive and endeavor to remove inequalities in housing, recreation, education, employment, law enforcement and other matters;
Recommend methods of eliminating unlawful employment practices; recommend to the Commission such additional ordinances and/or changes to existing ordinances as will aid in the carrying out the purpose of this article; recommend such legislative action as HRC may deem appropriate; and
Adopt, promulgate, amend or rescind suitable rules and procedures to carry out the provisions of this article. (Ord. No. 6776, §1, 3/15/2005; Ord. No. 6805, §2, 6/21/2005)

§ 1-4-117.UNLAWFUL EMPLOYMENT PRACTICES.

It shall be an unlawful employment practice for an employer of fifteen (15) or more employees:
1. To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual, with respect to his or her compensation, benefits, terms, conditions or privileges of employment because of such individual’s race, color, religion, sex, national origin, age or handicap;
2. To limit, segregate or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities because of race, color, religion, sex, national origin, age or handicap.
It shall be an unlawful employment practice for an employment agency to discriminate against any individual because of his/her race, religion, color, national origin, age, sex or handicap in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers covered by this article.
It shall be unlawful employment practice for a labor organization with fifteen (15) or more members to exclude or to expel from its membership any individual or to discriminate in any way against any of its members or against any employer or any individual employee of an employer because of the race, religion, color, national origin, sex, age or handicap of any individual. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-118.PROCEDURES FOR INVESTIGATION AND HEARING OF COMPLAINTS.

Detailed procedures are set forth in the HRC Policy Manual and are incorporated by reference herein. A copy of the policy can be obtained at the offices of Augusta-Richmond County. The following is a summary outline of the procedures:

Any person or persons alleging an unlawful practice prohibited by this article must file a written complaint with the HRC Director, or one of his designated representatives, no later than one hundred eighty (180) days after the alleged unlawful practice occurred.
Upon receipt of a complaint, the HRC Director shall serve a copy of the complaint on the respondent within ten (10) days of receipt thereof and shall initiate an investigation of the complaint.
In conducting an investigation of a complaint filed under this article, the HRC Director, or his designated representatives, shall have access at any reasonable time to premises, records, documents, individuals and other evidence or possible sources of evidence relevant to the complaint and shall have the right to examine, record, photograph and copy such materials and take and record the testimony or statements of such person as are reasonably necessary for the furtherance of the investigation; however, the HRC Director, and/or designated representatives, must first comply with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. Failure of any party to cooperate in the reasonable investigative efforts shall be noted in the official report of investigation.
If the HRC Director determines after such investigation that there is reasonable cause to believe the charge is true, he shall endeavor to eliminate any such alleged unlawful practice by informal and voluntary methods of conference, conciliation and persuasion. During such informal endeavors, he may seek from the respondent such relief as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay, or any other equitable relief.
All investigations, conferences and negotiations for conciliation pursuant to this article shall be confidential. Further, at no time shall the results of any conciliation be made public without the expressed written consent of the parties involved.
If within ten (10) days after the HRC Director has determined that conciliation efforts have failed, he shall so notify the parties in writing; and the respondent may request a hearing before the HRC within ten (10) days of the receipt of such notice. If the HRC Director determines that the complaint as alleged is not true, he shall dismiss the complaint and notify the parties in writing of such determination. Within ten (10) days of receipt of such notice of dismissal, the complainant may request a hearing before the HRC. A request for a hearing shall be granted expeditiously. No hearing may be had from a finding and determination of a lack of jurisdiction. At such hearing to be conducted by a quorum of the HRC, the HRC may affirm or set aside the findings as set forth in subsection (d) above, in whole or in part.
If the HRC determines after a hearing that any respondent has committed an unlawful act prohibited by this article, and the respondent refuses to comply with an order of the HRC within sixty (60) days after notification of such final disposition, or if the respondent fails to request a hearing before the HRC within ten (10) days after receipt of notice of failure of conciliation, the HRC may institute a civil court action in the appropriate court for violation of any provision of this article or failure to comply with an order of the HRC. (Ord. No. 6776, §1, 3/15/2005)

§1-4-119.OFFICE SPACE AND FACILITIES.

The HRC is authorized to secure adequate office space for its Director and staff, subject to the approval of the Augusta-Richmond County Commission. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-120.HRCBUDGET AND FINANCIAL MATTERS.

The HRC Director shall submit an annual proposed budget to the HRC subject to and consistent with the budget process of Augusta-Richmond County. After approval by the HRC, the proposed budget shall be submitted to the Administrator of the Augusta Richmond-County Commission for timely approval. The budget shall contain all revenues, regardless of source, and expenditures. The HRC shall be authorized to contract with state and federal agencies. The HRC may apply for grants subject to the approval of the Commission. All expenditures of the HRC shall be limited to those specified in the budget or expenditures authorized through any received grants. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-121.INSPECTION AND AUDIT OF FINANCIAL RECORDS.

The financial records of the HRC shall be maintained by the Commission at its offices and may be audited annually by a qualified external auditor, in the discretion of the Commission. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-122MEETINGS

The Human Relations Commission regularly meets on the fourth Wednesday of each month at 3:30 o’clock p.m. in the Lee Beard Augusta-Richmond County Commission Chambers on the eighth floor, Augusta-Richmond County Municipal Building, 530 Greene Street, Augusta, Georgia 30911 and may set the time, place and frequency of any special meetings to effectuate the purpose of this article. All such meetings, both regular and special, shall be open to the public and be conducted consistent with the Georgia Open Meetings and Open Records statutes. (Ord. No. 6805, §1, 6/21/2005)

§ 1-4-123.QUORUM.

Six (6) members of the HRC shall constitute a quorum for the transaction of business. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-124.RULES, BYLAWS AND POLICY MANUALS.

The HRC shall adopt such rules as it shall deem expedient for the conduct of its business. HRC employees shall perform their duties in accordance with the Policy Manual adopted by the HRC. HRC employees are employed by Augusta-Richmond County and are also subject to the Personnel Policies and Procedures applicable to Augusta-Richmond County employees. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-125.REPORTS.

Not more than 30 days next following the ending of a calendar quarter, the HRC Director shall submit a written report to the HRC summarizing the primary activities of the HRC employees. Such reports shall be made at least quarterly, along with such other reports as the Director may elect in his discretion to submit. Copies of all reports shall be submitted to the Mayor, Administrator and Commission. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-126.EXEMPTIONS FROM THE JURISDICTION OF THE ORDINANCE.

This article shall not apply to religious corporations, religious associations, religious educational institutions or religious societies with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporations, associations, educational institutions or societies of its activities. This article shall not apply to those individuals and organizations otherwise exempted from the provisions of this Article by law. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-127.REMEDIES/APPEALS.

The HRC may institute a civil action in the appropriate court for violation of any provision of § 1-4-117 of this article or failure to comply with an order of the HRC. The parties to the action would be entitled to a trial de novo. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-128.COOPERATION.

The HRC shall invite and enlist the cooperation of ethnic, racial and religious groups and community organizations in carrying on its work and act as a coordinating agency among them and such other groups in the establishment and maintenance of education programs with a view to bringing about better intergroup and racial relationships necessary or desirable to carry out specific programs designed to lessen the tensions or improve understanding. The HRC shall also cooperate with the Mayor, Commission, other Augusta-Richmond County agencies, state and federal agencies, citizens or citizens' organizations, the ARC Board of Education and parochial and private schools as appropriate in effectuating the purposes and the objectives of the HRC to promote better human relations. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-129.LEGAL SERVICES.

Legal representation of the Human Relations Commission, the Executive Director, and the officers and employees of the Human Relations Commission in the course of their employment exclusively in civil actions, including without limitation the rendering of advice and review of contracts and other materials, shall be provided by the Augusta-Richmond County attorney or his designee. Legal representation by counsel other than the Augusta-Richmond County attorney or his designee shall require Commission approval. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-130.AGE LIMITATIONS.

The prohibitions in this article in reference to age shall be limited to individuals who are at least forty (40) years of age. (Ord. No. 6776, §1, 3/15/2005)

§ 1-4-131. - § 1-4-139. RESERVED. (Ord. No. 6776, §1, 3/15/2005)