§ 141.40. Substantive and procedural powers and duties of commission.  


Latest version.
  • The commission shall:

    (1)

    Seek to prevent and eliminate bias and discrimination prohibited under this title based on race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital status, status with regard to a public assistance program, or familial status by means of education, persuasion, and the impartial resolution and adjudication of disputes, and utilize all the powers at its disposal to carry into execution the provisions of this title.

    (2)

    Conduct a program of research and study for the purpose of ascertaining how the objectives of this title may best be attained and sustained, and publish results of such research and studies.

    (3)

    Advise the mayor, the city council and departments or agencies of government with respect to matters relating to the commission's purposes.

    (4)

    Cooperate with and seek to advise and coordinate the activities of persons or groups interested in the objectives of this title.

    (5)

    Receive appeals, conduct hearings and reviews, and adjudicate such appeals as provided by the other provisions of this chapter.

    (6)

    Conduct public meetings and forums, and gather and disseminate information to governmental agencies and to the public.

    (7)

    Utilize the records and services of municipal, state and federal governmental departments and agencies to the extent permitted by law, and pursuant to agreement with departments and agencies may refer matters for preliminary inquiry, conciliation, hearing and findings.

    (8)

    Furnish to any appropriate state or federal agency having jurisdiction a transcript of the proceedings and findings in any case in which the commission has, after hearing, found that any person has unlawfully discriminated.

    (9)

    Adopt and promulgate in the following manner suitable rules and regulations for effectuating the purposes of this title. The following process does not apply to internal operating procedures of the commission.

    a.

    The commission shall propose new or amended rules and regulations after consultation with the city attorney or his or her designee.

    b.

    The commission shall hold a public hearing affording all interested parties an opportunity to participate; thirty (30) days' prior notice of the hearing shall be published as follows:

    1.

    Once in either a paper or electronic publication of the Minneapolis Star Tribune newspaper;

    2.

    Once each in two (2) minority publications, at least one of which shall be a qualified newspaper as defined by Minn. Stat. § 331A.02; and

    3.

    Once through electronic means by the department.

    For the purposes of this rule, a minority publication is a publication which has as its primary intended audience one or more of the diverse communities within the city. Free copies of the proposed rule shall also be available to the public at the Minneapolis Department of Civil Rights.

    c.

    A recording or other transcription of the public hearing shall be made. After allowing written material to be submitted to the commission for twenty (20) days after the public hearing ends, the commission shall meet to consider and take action.

    d.

    If the commission adopts the rule, it shall be submitted with the recording or other transcription of the public hearing to the city attorney who shall review the rule as to form and legality; the city attorney, or his or her designee, shall, within thirty (30) days, either approve or disapprove the form and legality of the rule.

    1.

    If the city attorney approves the form and legality of the rule, the department may then forward the rule to the city council for its approval, disapproval, amendment or referral back to the department for further consideration. The city council shall so act on the rule within thirty (30) days of the referral from the department. A rule approved or amended by the city council shall be filed in the office of the city clerk and shall be effective upon publication unless a later date is specified in the rule.

    2.

    If the city attorney disapproves the rule, the city attorney or his or her designee shall provide its reasons for disapproving of the rule to the department in writing. The city attorney or his or her designee shall return the rule to the commission providing reasoning for the return and consultation sufficient to permit the commission to revise its proposal.

    e.

    When the director has submitted to the commission any suggested rule or regulation which the commission after six (6) months has not acted upon, the commission shall vote to either commence the procedures set out in this subdivision or refuse the suggested rule or regulation. (Ord. of 12-30-75, § 7; 76-Or-172, § 1, 9-24-76; 84-Or-043, § 1, 3-30-84; Pet. No. 249821, § 3, 7-14-89; 93-Or-133, § 1, 8-27-93; 95-Or-164, § 1, 12-29-95; 2011-Or-068, § 1, 8-5-11; Ord. No. 2017-078 , § 2, 12-8-17)