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Requirements Nine members, appointed for 3 year terms, terms expire on June 30, vacancies filled for unexpired terms and members shall be eligible for reappointment; no more than 5 members to belong to one political party and one must be practicing attorney; chairman and vice chairman are elected from membership; subject to approval of Mayor, commission selects executive director who serves as secretary of commission; power to cooperate with federal, state and local governmental units, activities and agencies in promoting and allowing a more harmonious understanding and greater equality of rights between all racial, religious and ethic groups. (City Code Chapter 15, 4, 5, 6, 7, & 8 Ordinance No. 1280, as amended) Established by ordinance 9-20-76.
Members 9 members no more than 5 members to belong to one political party; 1 an attorney Terms 3 year terms Appointed by Mayor Terms expire 6/30 Council Confirmation ARTICLE II. HUMAN RIGHTS COMMISSION*
*State law references: Local human rights commissions, W. Va. Code § 5-11-12.
The commission shall encourage and endeavor to bring about mutual understanding and respect among all racial, religious and ethnic groups within the city; and shall strive to eliminate all discrimination in employment and places of public accommodations by virtue of race, religion, color, national origin, ancestry, sex, age, blindness handicap, and shall strive to eliminate all discrimination in the sale, purchase, lease, rental or financing of housing and other real property by virtue of race, religion, color, national origin, ancestry, sex, age, blindness, handicap or familial status. (Bill No. 7040, 12-6-2004)
(a) The commission shall be composed of nine members, all residents of the city and broadly representative of the groups protected by the chapter to be appointed by the mayor with the advice and consent of council, provided that in the event that any vacancy on the commission is not filled by the mayor within 90 days of the occurrence thereof, the council shall, within 60 days, take such action as is necessary to fill such vacancy. (b) No member shall hold office in any political party. (c) All subsequent appointments shall be for terms of three years each, except members shall be eligible for reappointment. (d) No member of the commission shall receive any salary or compensation for his services as such; but each member shall be reimbursed for any reasonable and necessary expenses incurred in the performance of commission services, not to exceed allowances as outlined in city policies or the amount allocated for commission expenses in the city budget. (Bill No. 7040, 12-6-2004)
(a) As soon as practical after establishment of the commission, the mayor shall call a meeting of the commission to be convened at the city building. The commission shall at such meeting organize by electing one of its members as chair of the commission and one as vice-chair thereof for a term of one year or until their successors are elected and qualified. Annually thereafter, as soon as practicable after the anniversary date of the establishment of the commission shall elect a chair and a vice-chair from its membership and other officers as may be necessary and proper to its organization. (b) The commission may appoint such staff and personnel as may be necessary to fulfill the purposes of the commission, and provide for payment of such staff and personnel within the allowances allocated in the city budget. The commission shall comply with all personnel rules, regulations and ordinances imposed by the city. (c) Special meetings may be called by the chair upon written notice thereof mailed to each member not less than seven calendar days prior to the called meeting. Any five members of the commission or a majority of the actively serving commissioners shall constitute a quorum for the transaction of business. Minutes of the commission's meetings shall be kept. (Bill No. 7040, 12-6-2004)
The commission, through the mayor, may call upon other officers, departments and agencies of the city government to assist in its hearing, programs and projects. (Bill No. 7040, 12-6-2004)
The commission is authorized and empowered to: (1) Cooperate and work with federal, state, and local government officers, units, activities and agencies in the promotion and attainment of more harmonious understanding and greater equality of rights between and among all racial, religious and ethnic groups in this city. (2) Enlist the cooperation of racial, religious and ethnic units, community and civic organizations, industrial and labor organizations and other identifiable groups of the city in programs and campaigns devoted to the advancement of tolerance, understanding and the equal protection of the laws for all groups and peoples. (3) Receive, investigate and pass upon complaints alleging discrimination in employment or places of public accommodations, because of race, religion, color, national origin, ancestry, handicap, sex, blindness or age, and complaints alleging discrimination in the sale, purchase, lease, rental and financing of housing accommodations or real property because of race, religion, color, sex, age, handicap, national origin, blindness, familial status or ancestry, and to initiate its own consideration of any situations, circumstances or problems, including therein any racial, religious or ethnic group tensions, prejudice, disorder or discrimination reported or existing within the city relating to employment, places of public accommodations, housing accommodations and real property. (4) Hold and conduct public or private hearings on complaints, matters and questions before the commission and, in connection therewith, relating to discrimination in employment or places of public accommodations, housing accommodations or real property during the investigation of any formal complaint before the commission relating to employment, places of public accommodations, housing accommodations or real property to: a. Issue cease and desist orders against any person found, after a public or private hearing, to have violated the provisions of this article or the rules and regulations of the commission. b. Apply to the Circuit Court of Kanawha County to issue subpoenas and subpoenas duces tecum upon the concurrence of at least five members of the commission; administer oaths and take the testimony of any person under oath; and make reimbursement for travel and other reasonable and necessary expenses in connection with such attendance; c. Furnish copies of hearing records to parties involved therein upon their payment of the reasonable costs thereof to the commission; d. Enter into conciliation agreements on behalf of the city; e. Apply to a court of competent jurisdiction for enforcement of any conciliation agreement or consent order by seeking specific performance of such agreement or consent order, on behalf of the city; f. Apply to any court of competent jurisdiction, or any federal, state or local agency, for injunctive or other relief, on behalf of the city, in any matters falling within the scope of the commission's functions, upon the concurrence of four members of the commission. (5) Recommend to the mayor and council policies, procedures, practices and legislation in matters and questions affecting human relations. (6) To prepare a written report on its work, functions and services for each year ending on June 30 and to deliver copies thereof to the mayor on or before December 1 next thereafter. (7) To do all other acts and deeds necessary and proper to carry out and accomplish effectively the objectives, functions and services contemplated by the provisions of this article, including the promulgation of rules and regulations implementing the powers and authority hereby vested in the commission. (8) To create such advisory agencies and conciliation councils within the City as in its judgment will aid in effectuating the purposes of this article; to study the problem of discrimination in all or specific fields or instances of discrimination because of race, religion, color, national origin, ancestry, sex, age, blindness, handicap or familial status; to foster, through community effort or otherwise, goodwill, cooperation and conciliation among the groups and elements of the population of the city and to make the recommendations to the commission for the development of policies and procedures, and for programs of formal and informal education, which the commission may recommend to the appropriate city agency. Such advisory agency and conciliation councils shall be composed of representative residents serving without pay. The commission may itself make the studies and perform the acts authorized by this subsection. It may, by voluntary conferences with parties in interest, endeavor by conciliation and persuasion to eliminate discrimination in all stated fields and to foster goodwill and cooperation among all elements of the population of the city. (9) Accept contributions from any person to assist in the effectuation of the purposes of this section and to seek and enlist the cooperation of private, charitable, religious, labor and civic and benevolent organizations for the purposes of this section. (10) Issue such publications and such results of investigation and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination; however, the identity of the parties involved shall not be disclosed. (Bill No. 7040, 12-6-2004) Secs. 62-46--62-80. Reserved.
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