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f <br /> LEGAL DEPARTMENT MEMORANDUM <br /> No. 98-18 <br /> September 14, 1998 <br /> TO: Honorable Mayor and City Council Members <br /> FROM: James L. Williams, V�!, City Manager I <br /> John W. Couter, Corporation Counsel�W� <br /> �J <br /> RE: Chapter 28 Amendment <br /> In previous years, at least two (2) City employees, or former City employees, <br /> have sought to file complaints of unlawful employment discrimination against the City, <br /> under the provisions of Chapter 28 of the City Code. At the direction of the Legal <br /> Department, the Human Relations Officer refused to process those complaints, for at <br /> least three (3) reasons: (1) at the time, the City Council could review decisions of the <br /> Human Relations Commission, so that it was possible for the Council to be reviewing a <br /> decision against the City - this would have been an obvious case of conflict of interest <br /> and a violation of due process; (2) the Human Relations Commissioners are appointed <br /> by the Mayor, with the consent of Council, so that even absent review by the Council <br /> there is an appearance of conflict, and perhaps a real (if subtle) one; and (3) as <br /> investigator, the Human Relations Officer would be in a somewhat adverse relationship <br /> to other City officers and employees, an awkward position that may limit his or her <br /> ability to work with such officers and employees in other matters and, therefore, should <br /> be avoided if not necessary. <br /> As Council is aware, Chapter 28 has been amended so that Council does not <br /> now review Commission decisions, and it may no longer be legally necessary to refuse <br /> to accept complaints from current and former City employees. However, reasons (2) <br /> and (3) above still pertain to such complaints. Since it is not necessary for the <br /> Commission to hear these complaints (State and Federal courts and commissions <br /> provide full and complete remedies), City staff recommends that Chapter 28 be <br /> amended so as to exclude current and former City employees from filing charges <br /> against the City with the Human Relations Commission. <br /> An ordinance amending the City Code as described in this memo is submitted <br /> herewith, and staff recommends approval. <br /> JWC:ps <br /> cc: Wendy L. Morthland <br /> John T. Robinson <br />