HomeMy WebLinkAbout[08a] Human Rights 11 Council Agenda Item 7b
MEETING DATE: March 7, 2016
AGENDA ITEM: Administrator Reports—Human Rights
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: In April 2010 the City Council authorized execution of a Joint
Powers Agreement for participation in the Regional Human Rights Office. The participating cities
included: St. Cloud, Sartell, Sauk Rapids and St. Joseph.
On December 7, 2015 the City Council considered the request to execute a new JPA for the continuation
of the Joint Human Rights Office. The State does not pay for costs associated with the Joint Powers
Board such as outreach and insurance. It was anticipated that the costs for insurance and outreach will be
S 4500. Based on a formula using population, the St. Joseph would be assigned a cost of S 283,which
can be absorbed in the budget. A motion was made to execute the JPA but failed on a 2—2 vote.
Councilor Loso was absent for the meeting.
BACKGROUND INFORMATION: Councilor Loso requested this matter be placed on the agenda
for reconsideration. The Cities of Sartell and Sauk Rapids have already executed and approved the new
JPA.
BUDGET/FISCAL IMPACT: 2016 - S 283.00
ATTACHMENTS: Request for Council Action
Extract Minutes—Dec 7"'Council Meeting
Resolution
Joint Powers Agreement
Information from St. Cloud
REQUESTED COUNCIL ACTION: Provide direction as to execution of the JPA for participation in
the Regional Human Rights Office.
This page intentionally left blank
Extract Meeting Minutes — December 7, 2015
Administrator Rep,orts,
Human Rights:Weyrens reported that the five year Joint PowersAgreement expires at the end of 2015.
The State of MN has agreed to oontinue the office In St.Cloud but they Y411 not pay the expenses for the
Joint Powers Heard.'The costs for SL Joseph would,ibe$283 for 2016,
Symanletz made a motion authorizing the May orand,Administrator to execute the Joint Powers
Agreement for participation In the Regional Human Rights Office.The motion was seconded by
Wick.,
Discussion: Schultz,noted that there were supposed to be,no costs for the,Regional Human
Rights,Office if the office were to remain in St. Cloud.Wick added that there are reports that should come
back to ft City and nothing has been received for quite some time.
Ayes: Syrnaniatz, Wick
Nays,: Schultz, Killarn Motion Failed: 2:2
RESOLUTION NO. 2016-007
RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE
CITY OF ST. CLOUD AND THE CITIES OF ST. JOSEPH, SAUK RAPIDS AND
SARTELL FOR THE PURPOSE OF CREATING A REGIONAL HUMAN RIGHTS
OFFICE
WHEREAS, there currently exists a Regional Human Rights Joint Powers Agreement to provide
for a localized human rights services in the St. Cloud area; and
WHEREAS, the current members are the cities of St. Cloud, Sartell, Sauk Rapids and St.
Joseph, and
WHEREAS, the current agreement expired on December 31, 2015, and
WHEREAS, the Minnesota Department of Human Rights is providing regional human rights
services in the St. Cloud region, and
WHEREAS, those services have been identified to be predominately outreach and education and
the processing and resolution of human rights violations and complaints, and
WHEREAS, the JPA will make use of a Regional Human Rights Commission to assist in
guiding services and evaluating the services of the State, and
WHEREAS, each participating entity will have a part in establishing an annual budget for the
JPA, and
WHEREAS, each participating entity will have the right to withdraw from the JPA and
additional cities can be added to the JPA, and
NOW THEREFORE BE IT RESOLVED that the City of St .Joseph approved the Joint Powers
Agreement.
Passed and Adopted by the Council on this 7th day of March, 2016.
CITY OF ST. JOSEPH
Rick Schultz, Mayor
ATTEST
Judy Weyrens, Administrator
JOINT POWERS AGREEMENT
ESTABLISHING A BOARD OF DIRECTORS
TO ORGANIZE AND GOVERN
A COMMUNITY BASED EFFORT TO
PROVIDE HUMAN RIGHTS SERVICES AND
SUPPORT A REGIONAL HUMAN RIGHTS OFFICE
The parties to this Agreement are governmental units of the State of Minnesota. This
Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute
§471.59 and §462.358.
1. General Purpose. The purpose of this Joint Powers Agreement is to establish a Board
of Directors to organize and govern a community-based effort to provide human rights services
and support a regional human rights office which will be staffed and operated by the Minnesota
Department of Human Rights.
2. Definitions.
2.1 "Additional Member." A signatory of this Joint Powers Agreement who is not
an Initial Member, having joined after the first year of its existence.
2.2 "Board." The Board of Directors established by this Agreement.
2.3 "Director." A member of the Board of Directors.
2.4 "Initial Member." An original signatory of this Joint Powers Agreement as
identified in Section 3.1.
2.5 "Member." Any city which is a signatory to this Agreement.
3. Membership.
3.1 The Initial Members are: The Cities of St. Cloud, St. Joseph, Sartell, and Sauk
Rapids.
3.2 No change in governmental boundaries, structure, organizational status or
character will affect the eligibility of any Member listed above to be represented
on the Board as long as such Member continues to exist as a separate political
subdivision.
4. Board of Directors.
4.1 The community based effort to provide human rights services set forth in this
Agreement must be governed by a Board of Directors which must consist of two
Directors appointed by the governing body of each Initial Member listed in
Section 3.1 above. Each Member may designate an alternate for its appointed
Director. Each Director and alternate must be a Mayor or member of the
governing body of their respective Member. Directors will serve one year terms
on the Board.
4.2 Directors must serve without compensation from the Board. This does not
prevent a Member from providing compensation to a Director for serving on the
Board.
5. QuorumNoting.
5.1 A majority of all of the Directors will constitute a quorum. A simple majority
vote of the Directors present at a meeting with a valid quorum is required for the
Board to take action, unless otherwise provided by law.
5.2 There is no voting by proxy. Except as otherwise authorized in this Agreement,
all votes must be cast by the Director or designated alternate at a Board
Meeting. Each Director shall have one vote.
6. Officers.
6.1 The officers of the Board will be a Chair and a Vice-Chair.
6.2 At its first meeting, the Board must elect a Chair and a Vice-Chair who will serve
through December 31 of the year when first elected and until a successor is
elected. At the meeting prior to completion of the initial term(s) and at the
completion of every term thereafter, a Director must be elected to each
respective office for a one-year term.
6.3 A Director must be elected in the same manner as above to fill out an unexpired
term of any office which becomes vacant.
7. Meetings.
7.1 The Board must meet at least annually on a schedule determined by the Board.
7.2 Meetings of the Board may be called by the Chair and may be called upon
written request of a majority of the Directors.
7.3 All meetings must be conducted in compliance with the Minnesota Open
Meeting Law, Minnesota Statutes Chapter 13D.
7.4 The Board will select a Member City to provide administrative support to act as
the Boards Fiscal Manager.
8. Powers and Duties of the Board.
The powers and duties of the Board are limited to the following:
8.1 Establish a Regional Human Rights Commission.
Subd. 1. Purpose. The purpose of the Human Rights Commission is to secure for
all citizens and visitors equal opportunity in education, employment, housing,
public accommodations, and public services, and full participation for all its
citizens in the affairs of this community.
Subd. 2. Composition and Qualifications, Appointment and Removal,
Compensation.
(a) The Commission will be comprised of persons expressing a commitment
and interest in protecting the rights of protected classes as defined by
Minnesota Statute Chapter 363A entitled the "Human Rights Act." The
Board, in making its appointments will strive to create gender balance,
representation of protected classes, a balance of interest, and a make-up
that represents the diversity of the community.
(b) The Commission will consist of eight members. Five of the eight
commission members must be persons residing in member cities.
(c) All Members will be appointed by the Board with the advice and consent
of the governing body of each Member and with due regard to their fitness
to fulfill the functions powers, and duties vested in and imposed upon the
Commission.
(d) The Board may remove any member of the Commission in the best
interests of the Member cities.
(e) Members of the Commission will serve without compensation.
Subd. 3. Terms of Members, Vacancies, Participation.
(a) Appointment: Members of the Commission will be appointed to three
year staggered terms.
(b) Meetings: The Commission will meet monthly and may meet additionally
at the call of the Chairperson or of any two members.
(c) Officers: The Commission will at its first meeting in January of each year,
elect a Chairperson, Vice-Chairperson and a secretary. No person will
serve more than two consecutive terms as Chairperson or Vice
Chairperson.
(i) Chairperson: The Chairperson will preside and maintain order at all
Commission meetings and will make such reports as required by law and
as ordered by the Commission to the Board.
(ii) Vice Chairperson: The Vice Chairperson will fulfill the duties of the
Chairperson in the absence of the Chair including the calling of
Commission meetings and assist the Chairperson with administrative
duties, and monitor the expenditure of funds allocated for human rights
through the Commission.
(iii) The Secretary shall provide a record of meeting that is distributed to
commission members, JPA members and staff members assigned to the
regional human rights office.
(d) Procedure: All business of the Commission will be conducted in an
orderly and lawful manner, and the Commission will at all times be
vigilant to preserve and protect the rights and privacy of both persons
having human rights complaints and persons against whom human rights
complaints have been made. Specific human rights complaints made
against named individuals will not be heard by the Commission. However,
the Commission may be addressed by individuals regarding problems and
issues generally with due regard for the privacy of all persons. Persons
having specific human rights complaints will be referred to the State of
Minnesota Department of Human Rights. The Commission may also enact
bylaws, with the approval of the Board, to govern its own affairs. The
bylaws will not provide for the removal of Commission members by the
Commission, but may provide a procedure by which the Commission may
recommend removal of a Commission member to the Board. The bylaws
may include recommendations for the training of Commission members as
deemed appropriate by the Commission.
(e) Public: All meetings of the Commission, records and minutes will be
open to the public except as otherwise may be provided by applicable law.
Subd. 5. Duties and Responsibilities.
(a) Working in cooperation with the State of Minnesota Department of
Human Rights the Commission will foster, through education, conferences
and public information, general awareness and understanding of human
rights issues and laws in the Member cities. The Commission may make
recommendations to the Board on legislation and policy changes at any
level of government. Except for their advice to the Board, the
Commission will not attempt to directly influence the legislation or policy
changes the Commission recommends. Individual Commission members
may, as individuals or representatives of other organizations, advocate
before other legislative or executive bodies as individuals or
representatives of other organizations, but they will not represent that they
are representing the Board or any Member city unless so authorized by the
Board or the Member city. The Commission will not participate or
intervene in (including the publishing or distributing of statements) any
political campaign on behalf of (or in opposition to) any candidate for
public office.
(b) In addition to the State of Minnesota Department of Human Rights the
Commission will enlist the cooperation of agencies, organizations, and
individuals in the community, and will cooperate with the human and civil
rights agencies of other communities, in an active program directed to
create equal opportunities and equal rights for all persons.
(c) The Commission will advise the Board on human relations and civil rights
issues including the functioning of the agreement with the State of
Minnesota described in paragraph 8.2 below.
8.2 Enter into an agreement with the State of Minnesota Department of Human
Rights to operate a regional human rights office in the St. Cloud area. That
office should provide the following services:
1. Complaint intake.
2. Pre-investigative dispute resolution.
3. Forwarding of the complaint to the State Office staff when necessary.
4. Education and outreach services in the form of training about the
Minnesota Human Rights Act.
5. Coordinate forums and cultural diversity events that may be conducted by
other entities or consultants.
6. Serve as staff in support of a regional human rights office.
8.3 Annually report to Members on Board activities and progress in meeting goals.
The annual report shall be distributed to the Members no later than March lst
8.4 The Board may research and make recommendations to the Members regarding
matters related to the purpose of this Agreement.
8.5 The Board may consult with persons knowledgeable in human rights such as
research organizations, educational institutions, other political subdivisions, and
any other persons who can provide pertinent information.
8.6 The Board must contract for or purchase such insurance as the Board deems
necessary for the protection of the Board and the Members.
8.7 The Board may accumulate reserve funds for the purposes herein mentioned
and may invest funds not currently needed for its operations.
8.8 The Board may collect money, subject to the provisions of this Agreement,
from its Members and from any other source(s) authorized by law.
8.9 The Board may make contracts, employ consultants, incur expenses and make
expenditures necessary and incidental to the effectuation of its purposes and
powers, in conformance with the requirements applicable to contracts and
purchases of all of the Members.
8.10 The Board will cause to be made an annual audit of the books and accounts of
the Board and must make and file a report to its Members at least once each
year. Strict accountability of all funds and report of all receipts and
disbursements must be made.
8.11 The Board's books, reports and records will be available for and open to
inspection by its Members at all reasonable times. The Board's records shall be
available for inspection by the public pursuant to Minnesota Statutes, Chapter
13.
8.12 The Board may appoint such committees as it deems necessary to exercise to
powers of the Board in accordance with by-laws adopted by the Board and as
allowed by law.
8.13 The Board may exercise all other lawful powers necessary and incidental to
the implementation of the purposes and powers set forth herein, including,
without limitation, the adoption of by-laws to govern the functioning of the
Board, provided that no by-law or action of the Board will be contrary to the
terms of this Agreement.
9. Additional Members.
9.1 Other cities may become a party to this Agreement upon a 2/3 majority of all
Directors acting upon a resolution of the Board. The new Member shall sign a
copy of this Agreement. Existing Members shall not be required to resign.
9.2 The Board may require Additional Members to pay a fee deemed appropriate
by the Board. Said fee must take into consideration the expenditures of the
Board to date. The Board may allow this fee to be paid over one or more years.
10. Employees.
10.1 Employees of the member Cities serving as a Director or providing project
administrative services will not be considered employees of the Board for any
purpose including, but not limited to, salaries, wages or other compensation or
fringe benefits; workers' compensation; unemployment compensation or
reemployment insurance; retirement benefits; social security; liability insurance;
keeping of personnel records and termination of employment. Each Member
agrees to contribute each year to a general fund. The annual contribution by
each Member will be determined in accordance with a budget approved by the
Members governing bodies.
10.2 No Member will be responsible or liable to any other Member for the payment
of wages or other remuneration to the other Member or to the other Member's
employee(s), notwithstanding the fact that such employee may from time to
time pursuant to this Agreement, provide services which benefit the other.
11. Member's Financial Contributions.
11.1 Each year, the Board will, by approval of a 2/3 vote of all its Directors, adopt
a proposed general administration budget for the ensuing year and decide
upon the total amount necessary for the general fund. The Board must certify
the budget on or before July 1 to the clerk of the governing body of each
Member, together with a statement of the proportion of the budget to be
contributed by each Member. Each member must approve or object to the
proposed budget and the Members' financial contribution and give notice of
its action to the Board. The budget will be deemed approved by a Member in
the absence of action by August 1. Final Action adopting a budget for the
ensuing calendar year must be taken by the Board on or before October 15 of
each year. Each Member's contribution must be paid by January of the
following year. The per capita rate will be the same for each member.
11.2 Upon the failure of any Member to contribute its financial obligation in a
timely manner, or to fulfill any of its other material obligations under this
Agreement the Board may expel a Member upon 2/3 vote of all its Directors.
11.3 Contributions to the general fund are to be used for general administration
purposes including, but not limited to expenses, supplies, insurance and
bonds. In addition, the Regional Human Rights Commission will be provided
a general fund appropriation for its outreach and education efforts.
12. Duration. This Agreement will continue for a period of five years after its effective
date unless earlier terminated as provided herein.
13. Termination.
13.1 During any portion of the term of this Agreement in which there are no more
than two Members if either member wishes to terminate this Agreement, then
the Board must terminate this Agreement, allowing reasonable time to
complete work in progress.
13.2 During all other portions of the term of this Agreement when there are at least
three members the Board may receive petitions for termination of this
Agreement from Members. Upon receipt of a petition of a Member the Board
must conduct a public hearing. The Board must provide a minimum of 30
days notice in writing to the City Administrator/ Manager of each Member
and by publication in a newspaper of general circulation in Member cities.
Upon a 2/3 vote of all Directors acting upon a resolution of the Board, the
Board must recommend termination of this Agreement A copy of the
resolution must be submitted to the City Council of each Member and if
ratified by 2/3 of the Members, the Board must terminate this Agreement,
allowing reasonable time to complete work in progress. Reasonable time to
complete work in progress must include time to give notice and terminate any
agreement with the State of Minnesota to establish a regional human rights
office.
13.3 Upon termination of this Agreement, all monies on hand shall be distributed
to the current Members. Any distribution of assets must be made in
proportion to the total contributions by the respective Members over the entire
duration of this Agreement. The Board will continue to exist after termination
for such period as is necessary to wind up its affairs, but not for other purpose.
14. Withdrawal.
14.1 During any portion of the term of this Agreement in which there are more than
two Members, a Member may withdraw from this Agreement, by resolution
of its city council, provided that the member gives a 120-day notice to the
Board and the other Members. Any Member formally withdrawing is still
obligated to pay its contribution according to the terms of this Agreement for
the then current budget year but will have no further liability or obligation to
the Members except as to actions, events or responsibilities arising or
occurring before the effective date of withdrawal. Any Member withdrawing
under this provision will not be entitled to any refund from the Board.
15. Indemnification.
15.1 The Board of Directors must defend and indemnify its members for any
liability claims arising from Board activities or operations, and decisions of the
Board of Directors. Nothing in this agreement will constitute a waiver of the
statutory limits on liability set forth in Minnesota Statutes, Chapter 466 or a
waiver of any available immunities or defenses, and the limits of liability under
Minnesota Statutes, Chapter 466 for some or all of the parties may not be added
together to determine the maximum amount of liability for any party.
15.2 Nothing herein will be construed to provide insurance coverage or
indemnification to an officer, employee, or volunteer of any member for any act
or omission for which the officer, employee, or volunteer is guilty of
malfeasance in office, willful neglect of duty, or bad faith.
15.3 Any excess or uninsured liability must be borne equally by all the members,
but this does not include the liability of any individual officer, employee, or
volunteer which arises from his or her own malfeasance, willful neglect of duty,
or bad faith.
16. Severability.
16.1 If any portion of this Agreement is found to be void, unenforceable,
unconstitutional, or any combination of these, by a court of competent
jurisdiction, the remaining portions of this Agreement shall remain in effect.
17. Effective Date.
17.1 This Agreement shall be in full force and effect when all members sign this
Agreement. All members need to sign the same copy. Each member shall file
the signed Agreement with the St. Cloud City Clerk who will notify all
members of the effective date of the Agreement.
IN WITNESS WHEREOF, The parties hereto have duly executed this Agreement by
action of their governing bodies, in accordance with law.
CITY OF ST. CLOUD CITY OF ST. JOSEPH
By its Mayor By its Mayor
And its City Clerk And its City Clerk
Date Date
CITY OF SARTELL CITY OF SAUK RAPIDS
By its Mayor By its Mayor
And its City Clerk And its City Clerk
Date Date
C" TY OF
Study Session i Item ST. CLOUD
SUBJECT/TITLE: Approval of Regional Joint Powers Agreement between the Cities of Sartell,
Sauk Rapids and St. Joseph for the Provision of a Localized Human Rights Program
SUBMITTED BY: Michael Williams, PhD, City Administrator
RECOMMENDATION: Approve
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A
PREVIOUS COUNCIL ACTION:
December, 2008: Approved JPA between St. Cloud and Waite Park(denied by Waite Park).
February, 2010: Approved the use of CDBG funds to fund the Regional Office.
April, 2010: Approved a JPA between St. Cloud and St. Joseph. Later, Sauk Rapids and Sartell
joined.
Various Times: Made appointments to the Regional Human Rights Commission.
March, 2014: Approved Amendments to the JPA regarding make-up and terms of the
Commission Members.
BACKGROUND: The current Joint Powers Agreement (JPA) expires at the end of December,
2015. Current members are St. Cloud, Sartell, Sauk Rapids, and St. Joseph. In 2013, Sauk
Rapids, Sartell, and St. Joseph joined the JPA until December of 2015 without cost because costs
were borne by the City of St. Cloud. This JPA is essentially the same as the current Agreement
with the exception that the cities will share the costs.
In 2013, we hoped to gain support from the State of Minnesota to fund the regional office by this
time. Commissioner Lindsey of the Minnesota State Department of Human Rights (MDHR) and
the State Legislature have taken action to fund the St. Cloud Regional Office entirely. While the
office is staffed on a part-time basis at this time, we fully expect the office to be fully staffed in
2016.
The purpose of the localized program is to establish services tailored to the needs of our region
and provide improved access for people making complaints and seeking resolution to conflicts.
The Joint Powers Board has three primary responsibilities.
1. To make appointments to the Regional Human Rights Commission. The Regional Human
Rights Commission provides some guidance/advice to the local Compliance Officers and
conducts some outreach and education on its own.
2. To establish a budget. The budget consists of paying for some outreach and education
conducted by the Regional Commission and purchasing professional liability insurance for
the Joint Powers Board.
3. To enter into an agreement (MOU) with the State of Minnesota, Department of Human
Rights to provide a localized program of human rights enforcement and outreach. The
Memorandum of Understanding between the MDHR and our Joint Powers Board(JPB)
outlines the scope of services to be provided by the MDHR—Outreach & Education,
Complaint Processing, and interaction/support to the RHRC.
Despite St. Cloud's recent inability to utilize CDBG funds to support the Human Rights Office
the office remained open and functioning through 2015 because St. Cloud made partial payment
for the services and there was a fund balance held by the State. At the same time, Commissioner
Lindsey was working to obtain funding for outstate offices.
Today, the MDHR Budget essentially funds the St. Cloud Regional Human Rights program
because it provides part-time staffing for the office. We have been assured that in 2016, the State
Department of Human Rights Budget will allow the placement of a full-time compliance officer
in the local office.
Sauk Rapids, Sartell and St. Joseph will also consider the Agreement in December.
BUDGET/FISCAL IMPACT: The MDHR will continue to collaborate with our local Regional
Human Rights Commission. However, the MDHR will not fund expenses related to the Joint
Powers Board(professional liability insurance) and outreach and education efforts conducted by
the Regional Commission itself This amounts to approximately $3,000 for the Commission
activities and $1,300 for public official liability to cover the Board's actions.
Regional Human Rights Joint Powers
Member Cities By Population
2016 Budget
Beginning Fund Balance 0 St. Cloud 66,948 69% 3,098
St. Joseph 6,114 6% 283
Expenditures Sartell 12,668 13% 586
State Contract - Sauk Rapids 11,523 12% 533
Public Official's Liability (Board) 1,300 4,500
Commission Outreach 3,000
Miscellaneous 200
Tota 1 4,500
Revenues
Member Cities 4,500
Tota 1 4,500
Ending Balance -