Council Agenda Itern No. X D #@) Lo l,ld ml rn1 Ep OCT tud/ COUNCIL MEMO NO. 155 1 -70 Ey ?F,€ (,:.,,, October L 5 , "*ffi;"!. !,,,..,_,- _ ? .l: Cir-n,w TO: Mayor and City Council FROM: City Manager SUBJECT: Fair Housing Board Procedures This is to ...
Council Agenda Itern No. X D #@) Lo l,ld ml rn1 Ep OCT tud/ COUNCIL MEMO NO. 155 1 -70 Ey ?F,€ (,:.,,, October L 5 , "*ffi;"!. !,,,..,_,- _ ? .l: Cir-n,w TO: Mayor and City Council FROM: City Manager SUBJECT: Fair Housing Board Procedures This is to transmit for Council consideration the attached statement of purposes, definitions and operating procedures as prepared by the Fair Housing Board. The Fair Housing Board presently is preparing to hear two cornplaints which have been referred to the Board by the Community Relations Cornrnis sion. The Fair Housing Board is authorized nine members by Ordinance No. 11845 and to this date only seven rnembers have been appointed. It is recomrnended that the City Council approve the attached state- rnent and, at an early date that the Mayor appoint two additional rnernbers to the Fair Housing Board. ri espectfully bmitte d, Ro er H. Oldland City Manager Attch. i" ,1 FAIR HOUSINC BOARD of OKLAHOMA CITY, OKLAHOMA PUR POSES The Fair Housing Board is constitutod by Ordinance No. tt846 of the City of Oklahorna City, Oklahorna to: a. Receive frorn the Cornmunity Relations Cornrnission written notices of their faiture to conciliate or disrniss any cornplaint of discrirnination in the sale, rentat, or Iease of housing accorrrmodations as prescribed under the Ordinances of Oklahorna City, Oklahorna. b. Hol.d public hearings on such referrals frorn the Cornrnission, to deterrnine whether it appears a violation has occurred. c. Notify Municipal Counselor, in writing, of any deterrnination that a violation has occurred, or to disrriss the complaint. DEFINITlONS rrFair Housing Ordinancerr shall mean Ordinance 11848 of Oklahorra City. ttCornrnission|| shaLL m.ean Cornrmnity Relations Cornrnission. "Board'r shaLL rnean Fair Housing Board. 'rHearing Chairrnan" shall mean the duty elected Chairrnan of the Board or person appointed by hirn to hoLd a h aring. "Dis criminatory Practicerr sha[[ rr]ean lone or rr.ore acts prohibited by Ordinance on Housing. "Cornplainantrrshal.l. rnean any person who files a corrplaint against another person or persons under the Fair Housing Ordinance. ,lr t*" 'rRespondent" means any person, persons, corporation or organizatlon accused of a discrirninatory practice. ttCornplaint" shall rnean a signed staternent fited on forrrs provided by the Cornrnission. The Fair Housing Board as constituted by City Council of Oklahorna City shall consist of nine (9) rnernbers, each serving as stipulated in the Ordinance. The rnernbers shalL e[ect a Chairrnan by a sirnple rrajority voLe, to preside for one year with right of succes sion if s o elected. Minutes of aLl rneetings shaLI be rnaintained by the Chairrnau of the Fair Housing Board. OPERATING PROCEDURES Upon receipt of cornplaint file and findings of Cornrnission, the Board shaLl hoLd a Hearing within thirty (30) days of receipt of sarne. I Written notice, signed by Board Chairrnan, of said hearing shalL be sent to cornplainant and person narned in .c ornplaint l0 days pri or to s uch hearing , s tipulating : a Tirne and place of hearing. b Inforrn person named in cornplaint that they may file'a written response and appear in person or by legal. counsel. C If any attorney has previously fil.ed a written appearance or has otherwise appeared of record on behalf of the respondent ( and his appearance has not been withdrawn of record) a copy of the notice of hearing shalt be furnished to said attorney. ,l -2- I 2 The Board in totat or by a quorurrl ( 5 rnernbers) shall constitute the hearing body and the Chairman of the Board or one appointed by him, shall be the Hearing Chairrnan for said hearing. Any rnernber of the Board rvho is in any rnanner related or associated to either party at the hearing, shall disqualify hirnself frorn sitting at the hearing. 3. The Hearing Chairrnan shall have fulI authority to control the procedure of alI hearings, and to admit or exclude testirnony or olher evidence, and shalL not be bound by the strict rules of evidence prevail.ing in courts of law or equity. \'Vrile these . stricti rules of evidence governing trials of law or equity witl not apply, the Board wiLl abide by general principles of eridence to the end that a rational investigation after the truth rnay be had. 4, All parties to said hearing rray: a. Be represented by counsel. b. Call and exarnine witnesses. c. Offer papers, docurnents or other evidence for inclusion in the record. 5 At the discretion of the Fair Housing Board, hearings rnay be continued frorn day to day or adjourned to a later date or different place. 6 The vote of the Board will be .*ae by batLot at a public rneeting and the decision be recorded as part of the records. 7 The proceedings at the hearing shall. be recorded and shall include: a Copy of the cornplaint, investigation, staternent as to findings and conciliatiorl efforts of Corrrnission, and a copy of the Notices. I -3- . I + ,^ . r t b. Transcript of testirmny at hearing. c. Exhibits and staternents, if any. d. Findings and orders of Board. e. ldbitten notification of the decision of the Fair Housing Board shaLL be furnished to the cornplainant, respondent, and other interested parties within tetr (10) days of the decision of the Fair Housing Board. Transcript of hearing shalL be available for inspection in the office of the Cornrnunity R elations Corrrnission. 4