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Res 008-84 1/17/1984RESOLUTION NO. 8-84 RESOLUTION APPROVING THE BYLAWS OF THE WICHITA FALLS HUMAN RELATIONS COMMISSION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bylaws for the Wichita Falls Human Relations Commission, a copy of which is attached hereto, is approved. PASSED AND APPROVED this the 17th day of January, 1984 . AttI M A Y O ROr ATTEST: City Clerk BY-LAWS or THE WICHITA FALLS HUMAN R:LATIO::S COMMISSION PF.=BLE The By-Laws set forth herein arc hereby adocted for the purpose of providing an organizational framework and rules of procedure to the end that this Commission may better serve the purposes for which it has been established. ARTICLE I AUTHORITY FOR THE BY-LAWS The By-Laws as set forth herein are promulgated in accordance with and by virtue of Section 2-157 of the Ordinances of the City of Wichita Falls, which sets out the duties and responsibilities of the Human Relations Commission. ARTICLE II PURPOSE OF THE COMMISSION The Human Relations Commission shall serve as the duly consti- tuted instrumentality of the City Council of Wichita Falls, for the purpose of providing a means by which all citizens of Wichita Falls may be assured equal enjoyment of all rights, privileges and remedies in the protection of their person, property, livelihood, and freedoms, and equal opportunity to pursue their respective aspirations, to enjoy the benefits of their individual labors, and to equally share in the common benefits of society without regard to race, color, religion, sex, national origin, age, or physical or mental handicap and marital status. J B'.-LAWS OF THE HUMA.. LELTIONS CO:..:ISSION, Page 2 of 14 Pages Pace 1. Agenda Item No. 10.d. I J- r i.F•-.:::. FOB•:°?;. l..:D D:__r, The Commission shall have such powers and duties as established by the Code of Crdinances of the City of Wichita Falls and as may be delegated by the City Council and the City Manager. These powers and duties include: Section 1. Advise and consult with the City Council on matters involving racial, religious, age, sex, handicap, or ethnic discrimina- tion and recommend to the City Council measures aimed at improving and insuring equal protection of any and all persons and groups against discrimination. Section 2. Recommend to the City Council legislation to aid in programs designed to eliminate prejudice and discrimination and encourage community support for such legislation.i Section 3. Serve in an advisory capacity to the City Manager in matters designed to promote equal opportunity and treatment in munici- pal operations. Section 4 . Aid in the formulation of local community groups in such neighborhoods as needed to carry out specific programs. Section 5. Initiate and facilitate discussions between invidi- duals and groups to lessen tensions and improve understanding in the community. 7 j Section 6. Institute and conduct educational programs to promote equal treatment, opportunity, and understanding and sponsor meetings, institutes, forums, and courses of instruction to lead to a clearer understanding and solution of human relations problems. Section 7. Conduct research, obtain factual data, and hold public hearings to ascertain the status of overall treatment of racial, religious and ethnic groups in the City, and the best means of progressively improving human relations. BY-LAWS OF TH !;:;:: 0::::.SS:O:;;Page 3 of 14 Pages JPage 1• Agenda Item No. 10.d. I Section 8 . Receive, on a confidential basis, through its Administrator, complaints of discrimination in housing, employment, and public accommodations because of race, age, religion, sex, color, marital status, national origin, or mental or physical handicap. Section 9. Through its Administrator, standing committee structure, and in compliance with the procedures set forth in Article VIII, seek a fair and complete resolution of complaints of alleged f discrimination brought to the Commission wherein those complaints represent alleged violations of the Code of Ordinances of the City of Wichita Falls. It will be the Administrator's responsibility to conduct a ELF thorough, fair, and impartial investigation of alleged violations i of the Code of Ordinances of the City of Wichita Falls. The Administra- tor will have sole responsibility and sole authority to conduct investigations of alleged violations. The Administrator will report his findings to the appropriate committee of the Human Relations Commission. Strict confidentiality is to be maintained by the Administrator and committee members. A violation of a confidentiality by either the Administrator or Commis- sion members will subject the violator to immediate dismissal in addition to possible criminal sanctions. Section 10. Cooperate with all city, state, county, federal, and other governmental agencies, as well as racial, religious, ethnic, 4 educational, community, civic, fraternal, benevolent and other groups, associations, societies, and individuals with constructive talents and resources which might assist the Commission in its pursuits, as outlined herein. ARTICLE IV COMPOSITION OF COMMISSION Section 1. Numbers: Membership of the Commission will consist of fifteen (15) voting members. BY-LAWS OF THE HUMAN RE=IONS COMMISSION; Page 4 of 14 Paaes Page 3.Agenda Item No. 10.d. 1 F I Section 2. Qualification : The members of the Commission 1 shall be residents of the City of Wichita Falls and shall be as nearly as possible representative of the several social, economic, I religious, cultural, ethnic and racial croups which comprise the population of the City of Wichita Falls. The members of the Commis- sion shall serve without compensation. Section 3. Terms: The members of the Commission shall be appointed by the City Council. The term of membership is three years; however, members may be re-appointed for a second three-year term. A member of the Commission's term of office starts immediately 174upon appointment by the City Council. Membership of voting members shall terminate upon expiration of their term (if not renewed) , through resignation of the member, through death, or by action of the City Council. The members of the Commission serve on a rotating basis with the terms of five members expiring each December 31. Section 4. Disqualification: Any member who, without valid cause, fails to attend three (3) consecutive scheduled meetings will be disqualified from serving on the Commission. Removal of the individual will become effective immediately upon certification by i the Commission using minutes of the meetings as documentation of attendance. Section 5. Officers. The City Council shall appoint the Chair- 1 jperson of the Commission. The Commission shall select a Vice-Chairperson who shall preside in the absence of the Chairperson. The Commission Ishall also select a Secretary (see Article V for duties.) Section 6. Term of Officers: The Chairperson, Vice-Chairperson 1 and Secretary shall serve the term of membership unless reappointed. Section 7 . Administrator: The City Manager shall assign to the I Commission an employee of the City to serve as the Commission's Administrator and such other employees as may be necessary in. the City I P -LAWS OF THE HUMAN :?I.LATION COpl':ISSION; Page 5 of 14 ,pages 1 Page 4 .Agenda Item No. 10.d I la 1 Manager's judgment and available to assist the Commission in performing its functions. The Administrator shall be available to the Commission to offer reasonable assistance in carrying out the program of the Commission under the policies and directives of the Commission. The Administrator shall be a resource person at all meetings of the Commis- sion. The Administrator shall attend all Commission meetings, but does not have a vote. The Administrator shall give direct staff j r leadership and support to all meetings of the Ordinance Compliance Committee. The Administrator shall be available to provide staff support for other committees. The Administrator shall be the inves- tigator of record and accountable to the Chairperson. Section 8. City Attorney: The City Attorney will give legal 1 opinions as requested regarding jurisdiction and/or applicability of relevant ordinances in individual cases presented to the Commission. The City Attorney will be a resource person and when appropriate, prosecuting attorney on behalf of the Commission/City. The prosecutor and investigator shall not be the same person. ARTICLE V OFFICERS OF COMMISSION Section 1. Officers of Commission: The officers of the Commission shall be a Chairperson, Vice-Chairperson, and a Secretary. These officers are to be elected from the membership of the Commision, with A the exception of the Chairperson, who is appointed by the City Council. Section 2. Duties and Responsibilities: A. Chairperson: The Chairperson shall preside at all meetings of the Commission and Executive Committee; shall be respon- sible for the general administration of the Commission's affairs; and the presentation and implementation of its recommendations, resolutions and policies before the public; and shall have, hold, and exercise such powers and perform such duties as provided for herein BY-LAh:S OF '1= Y. ::A'. -.:_....Tc::S CO:::: SS IO:<; Page 6 of 14 Pages Page 5. Agenda Item No. 10..d. I I smi*".0111MkNiftij I or by the Commission or by the Executive Committee. The Chairperson shall also approve the agenda for regular meetings, set the time and place, and take whatever action is necessary to further the efficient 1 and effective conduct of the Commission's business. The Chair shall be primarily responsible for communication with the City Manager and Council Liaison person. MI The Chair shall be responsible for non-programatic media relations. I B. Vice-Chairperson: The Vice-Chairperson, in the absence or upon the resignation or disability of the Chairperson, shall perform the duties and exercise the powers of the Chairperson and shall perform such other duties as the Commission or Executive Committee may prescribe 1 until the City Council appoints another Chairperson. C. Secretary: The Secretary shall attend all official Commission meetings (not including committee meetings) , record all _ votes taken, review and approve the minutes of all proceedings so conducted by the Commission. In the event the Secretary is absent from any Commission meeting, the Chairperson shall appoint another Commission member to serve as acting Secretary for any such meeting. Copies of the minutes of each Commission meeting shall be furnished to each member of the Commission, the City Council Liaison representative to the Commission, and to the City Manager. Through the Administrator's office, the Secretary shall give or cause to be given written notice to all regular and special meetings of the Commission, and shall JIperform such other duties as may be prescribed by the Commission or Chairperson. Section 3 . Removal: The Commission may, by resolution duly adopted, upon the affirmative vote of two-thirds of the Commission members, remove from office, with cause, any officer of the Commission not appointed to that position by the City Council. I I B'--0_ ...c. IO^:.. ^0: ESIC Page 7 of 14 Pages aye 6. Agenda Item No. 10.d. 1. Ir+rte i ARTICLE VI CO=TTEES t Section 1. General. The members of the Commission shall control and direct all of the duties and responsibilities of the 1 Commission and shall have, hold and exercise all rights, powers and privileges not otherwise delegated to the officers and committees of the Commission. The Commission shall establish seven (7) standing committees and such other ad hoc committees as necessary to perform the Commission's duties. Section 2. Standing Committees. The three standing committees of the Commission are: (1) Executive, (2) Ordinance Compliance, and 3) Program Development committees. Each standing committee will have five (5) members appointed by the Chairperson for a one-year term. The Executive Committee shall consist of the three officers and two other members of the Commission appointed by the Chair for a one-year term. Section 3. Duties and Responsibilities. A. Executive Committee shall consist of the officers and two members appointed by the Chairperson, and shall be primarily responsible for overseeing the operation of the Commission, including, but not limited to, the following: 1. Coordinate the activities of the standing committees 2 and the interchange of information between the Commission and the i • committees. 2. Direct and oversee goals, objectives, policies of the Commission. 3. Address new areas of concern for the Commission not specifically delegated to committees. 4. Review any budgetary matters, requests, or needs; and be the channel of communications between the City Manager and the Commission concerning any requests for logistical support to carry out the Commission's responsibilities. BY-LAWS OF THE iulA.. R'_._..TTO:._ 70=1ESIO. , Page 8 of 14 Pages Pear' 7. Agenda Item No. 1D.d. 1 1 5. Act on behalf of the Commission in emeraencv situations between meetings, reporting such action at the next Commission meeting for review or action. 6. Act. for the Commission when specifically authorized by the Commission ii 7. Seek, evaluate, and recommend new Commission members to the City Council. 8. Handle, along with the Chair, all non-programatic media relationships. 9. Establish ad hoc committees as necessary. B. Ordinance Compliance Committee shall participate in and 1 evaluate the ongoing activities of the Commission's Administrator. This committee shall limit its activities to City ordinances. C. Program Development Committee shall develop and implement the programs of the Human Relations Commission in accordance with the enabling ordinances of the Commission. Section 4. Other Committees. 1 A. Additional Standing Committees. The Commission may, by resolution duly adopted upon the affirmative vote of two-thirds of 1 the Commission members, authorize the establishment of such additional standing committees for such purposes and with such powers as shall be set out in the resolution authorizing the establishment of such 1 committee. B. Ad Hoc Committees. Ad hoc committees may be appointed Ias necessary by the Chair/Executive Committee. The purpose and scope of ad hoc committees shall be determined by the Chair/Executive JCommittee. C. Subcommittees may be appointed by the Chair of each standing committee. Subcommittee members may be non-HRC members. Section 5. Abolition of Standing Committees. The 'Commission may, by resolution duly adopted upon the affirmative vote of two-thirds of the Commission members, rescind its authorization of any standing committee• as it is now or Lls may hereafter be authorized. b..::S O"CCT:.TTC::. =S 'O:: Page 9 of 14 Paaes Page a. Agenda Item No. 10.d. J l , Section G. Term of Office. Each committee member shall be appointed to serve for a term of cne year. Committee members may be reappointed by the Chairperson on a year-to-year basis. ARTICLE VII RULES OF PROCEDURE Section 1. Commission Meetings. A. Regular Meetings: The Commission will meet on the fourth Tuesday of each month. Special meetings shall be called by t the Chair, or by written request of six members of the Commission to the Chair. Special meetings may be called with 72 hours notifica- tion of members and the public. Commission meetings will be open to the public and held in accordance with the Texas Open Meetings Act. B. Quorum: A majority of the current voting members of the Commission shall constitute a quorum. If a quorum is not present, the meeting shall be canceled and the business conducted during the next regular meeting or at a special called meeting. C. Closed Sessions: The Chair shall have the authority to call the meeting into closed session in compliance with the Texas Open Meeting Act. Following the closed session, the Commission meeting shall be re-opened and any final determinations shall be announced. D. Change of By-Laws: These by-laws may be amended or revised during a regular meeting or special called meeting, provided advance notice is given of such proposed amendments or revision. Such advance notice shall be provided pursuant to agenda procedures stipulated herein below. It will take the concurrence of a majority of current voting members for the change to be approved. However, before the change shall be effective, it must be approved by the City Council. E Presiding Chair: If the officers are not present at a regular or properly called special meeting, a majority of the remaining I y-LAW: OF T!!i` .:_.. __. 0',; Page 10 of 14 Pages Pace 9. Agenda Item No. l 1.167111111"141WWIJ 1 voting members hen a c.uorur exists) will determine who will 1 conduct the meeting 's business. F. Aaen1a. Any member mar suggest agenda items to the 1 Administrator or the Chair at least eight (8) working days prior to each meeting. The Administrator or Chair will coordinate the proposed agenda and the Administrator shall prepare and disseminate iithe agenda to Commission members at least five (5) working days prior to each regular or special meeting. G. Order. Roberts Rules of Order Revised shall govern the proceedings of the Commission in all cases, unless they are n conflict with these rules. 1) The Chair shall rule on all points of order, subject to the right of any member to appeal to the Commission. If any appeal is taken, the question shall be "Shall the decision of the Chair be sustained?" 2) All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member 1 may request a division, if the question reasonably admits of a division. The Chair shall state all questions submitted for a vote and announce the results. A roll vote shall be taken upon the request of any Commission member present. 3) Any member desiring to speak shall be recognized r by the Chair, and shall confine his remarks to the subject under l consideration or to be considered. No member shall be allowed to Ispeak more than once on any one subject until every member wishing to speak shall have spoken. I H. Voting. 1) The Chair shall not vote on any matter brought before the Commission, except in the event of a tie vote, or on those matters requiring the affirmative vote of two-thirds of the members. i BY-LAC:S Or TI' RELATION:' CO']i;I:=:'ICF, Page 11 of 14 Pages Page iC. Agenda Item No. 10.d. I 2) Except in those instances where a greater number of affirmative votes are specified, and any other provisions to the contrary notwithstanding, approval of every resolution or motion shall require the affirmative vote of at least a majority of the t Commission members present at a duly constituted meeting. 3) The yeas and noes shall be taken upon the passage of all motions and resolutions and entered into the minutes of the meeting. Section 2. N•'.eetinas of Committees. Unless otherwise provided, all committees shall meet at the call of their respective Chairperson at such time and place and with such degree of regularity and formality as shall be determined by such committee. All committees will submitubmit a written report of each meeting to the Executive4 Committee prior to the next Commission meeting. Memo format will be used for all internal committee communications. ARTICLE VIII INVESTIGATION & RESOLUTION OF ALLEGATIONS/COMPLAINTS Section 1. The HRC will develop procedures for compliance with applicable City ordinances. These procedures may be updated as necessary. The procedures shall conform to the applicable local, state, or federal laws. Section 2. Strict confidentiality is to be maintained by the Administrator and Commission members. A violation of confidentiality by either the Administrator, Commission members, and all committee members, will subject the violator to immediate dismissal in addition to possible criminal sanctions. ARTICLE IN INTERPRETATION Any ambiguity in, conflict between, or interpretation of any of the provisions of these icy-Laws shall be reconciled and construed E:-LAWS OF TUE t:C...... .._•L .:_ co-:...=Si_O';, Page 12 of 14 gee,ss Page 11 . Agenda Item No. '' • 1 I in a manner which will most nearly give effects to the general 1 intents and purposes e•:nressed herein. All such questions shall be referred to the Executive Committee for its recommendation to the 1 Commission; and, if necessary or appropriate, the Commission shall, by resolution duly adopted on the affirmative vote of a majority of I the Commission members, set forth such interpretation or construction iihereof as shall fully dispose of such question as may be raised. These By-Laws may be amended upon the affirmative vote of two-thirds 1 of the Commission members at any regular or special meeting of the Commission, provided the proposed amendment or alteration be contained in the notice of such regular or special meeting. Changes Zi will not take effect until approved by the City Council. 1 ARTICLE X SEVERABILITY If any article, section or provision of these By-Laws shall be held void, ineffective or invalid, the holding of such article, part 1 of a section or any specific provision to be void, ineffective, or invalid for any cause whatsoever shall in no way affect the validity of the remaining articles, sections and provisions of these By-Laws, which shall remain in full force and effect. f' 2) 1 I, _G t C 1? - j'ing the duly elected and 1 Lk4.A.v.r< _ qualified =^ r '" • of the Wichita Falls Human Relations Commission, do hereby certify that the foregoing By-Laws were duly adopted by I the members of the Wichita Falls Human Relations Commission at a Zdulycalledandconvenedmeetingheldor. lam'` 19 C3 I I BY-LAt:S OF TE 2L=O::_ CO:E:ISf:IO':,Page 13 of 14 Pages JI Paso 1B H. Agenda Item No. 1Q,d, i 1 i..a