In fewer than three weeks, the seven unpaid members of Rapid City’s newly empowered Human Rights Commission will have the authority to issue subpoenas, cross-examine witnesses and order remedies if they believe someone is a victim of discrimination within city limits.
The ordinance that gives enforcement powers to the body received its final approval on a 7-3 vote at last Monday's City Council meeting. It was hammered out over nearly five months as concerns were raised about a change in city policy that some feared could be abused and even costly to the city.
Alderwoman Charity Doyle, who voted against the measure, said the proponents of the ordinance did not show a need for it and have given too much power to a board that is not required to have specialized training and has a meager budget of $1,000.
"A true and verified need would have had to been presented," Doyle said. "We (city council members) don't even have these powers."
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Mayor Sam Kooiker, who led the charge for the ordinance, said the city needs the authority to resolve discriminatory practices that can occur in all walks of life — from the workplace to the bar down the street.
"This new ordinance allows us to handle cases in the same way that the state would handle them," Kooiker said. "The ordinance contains an opt-out that allows people to go directly to the state. It gives a local option, which improves the process."
Aside from having cases settled by the state’s Human Rights Commission, which meets in Pierre, the parties involved also can take their case to circuit court if they want to bypass the city’s commission.
The ordinance that elevates the local commission’s powers also spells out a broad area of jurisdiction. The commission will investigate complaints against employers, employment agencies, labor organizations, schools, landlords, real estate agents and businesses that include hotels, theaters, restaurants, taverns, banks, credit unions and beauty and barber shops.
Complaints of discrimination based on race, color, sex, creed, ancestry, disabilities or family relationships are covered in the ordinance. The commission will have no jurisdiction over Rapid City’s municipal government or the state and federal governments.
Given the breadth of the jurisdiction, concerns have been raised that the city could be overwhelmed by complaints after it goes into effect on April 11.
Kooiker said it's difficult to tell whether the city will see more reports of discrimination as a result of the new ordinance. But, nonetheless, he said it is needed.
"What we do know is that this ordinance offers a streamlined process to be more efficient," he said. "For the thankfully few cases where there is probable cause for discrimination, it would allow those cases to be resolved locally."
Kooiker said the assertion of a flood in claims is similar to fears of added work for the city that surfaced when he brought forward the city's disability consideration policy, which passed in 2012 and requires qualified disabled residents to be interviewed for city jobs.
"As it was proven out, the disability consideration policy didn't create an enormous influx of work, but it made a difference for the lives of those who are affected by it," he said. "I would predict the same for this. This is a common-sense change. It's a process that has worked in other cities and this has even more checks and balances than other communities. I believe it will be an effective process."
Since December 2009, when the Human Rights Commission was revived after several years of inactivity, the city has received 55 complaints of discrimination that were reviewed by the Human Rights Commission. Of that number, two were found to have merit and both were made in 2010.
How it works
After the Human Relations Commission receives a complaint, the City Attorney’s Office will appoint an investigator to determine if there is probable cause.
The investigator could be an assistant city attorney, a commission member or even a private investigator if the city becomes overloaded with cases, according to Assistant City Attorney Wayne Nyberg.
If probable cause is established, the commission will bring the parties together and try to resolve the case through mediation. If that doesn’t work, it can initiate a process that allows the commission to subpoena witnesses and documents and cross-examine witnesses to determine if discrimination has occurred and action is required like ordering a business to hire, rehire or promote the complainant.
Commission members would be appointed by the mayor with the approval of the city council. But before they could serve their three-year terms, they will be subjected to criminal and financial background checks and take an oath to the city.
In addition to a strict focus on women and minorities, at least three members on the commission are required to have a "favorable reputation for skill, knowledge and experience" in the business world.