08-896Amended $/27/OS
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ORDINANCE
CiTY OF SAINT PAUL, MfNNESOTA
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Presented by
Council File # 08-896
Green S6eet# 3058208
An Ordinance Creating Chapter 11 Of The Saint Paul Administrative Code
In Order To Create A New
Department of Human Rights and Equal Economic Opportunity
THE CODNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
] 0 Chapter 11 of the Saint Paul Administrative Code is hereby created to read as follows:
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12 Section 11.01 Creation: head of deaartment; authoritv generally• nower to nrescribe rules and
13 r�ulations; responsibilities.
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l 5�a) Creation of the Department There is hereby established an executive department of the CiYV of
16 SainY Paul to be known as the Department of Human Ri�hts and Equal Economic Opportunit�
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L) Director The head of the Deoartment of Human Rights and Equal Economic Opoortunitv shall be
a director. On a dav to day basis the director shall be accountable to the mayor and subject to the mavor's
supervision sha11 administer the affairs of the department The director shall also report to the Human
Rights and Equal Economic Opportunity Commission as required by Chapter 183 of the Saint Paul
Legislative Code.
(c) Director authoritv. The director shal] have general authority and control over all the department
staff and shali oversee the prooer fulfillment of all tasks and duties asiened to the deoartment
(d) Power to prescrfbe rules and rezulations The director shall have the nower to prescribe such rules
and re�ulations as deemed necessary or expedient for the �roper operation of the department and to that
end shall keeo informed of the latest administrative practices.
(e) Authority to desiznate deputies and other assistants The director mav appoint up to three deoutv
director positions The director may designate with the anproval of the mayor an employee of the
department to perfoxm the functions and duties assi�ned to the director by law during the absence or
disabilitv of the director. This employee mav be a deput�director or a manager of one of the functions of
the department The director shall appoint one deputv director to administer the requirements of Chapter
183.
(f� Powers and duties with respect to department personnel The director sha11 have the power and
dntv to take all personnel actions includin$ hirin¢ assi¢nine and reassipnine employees including
supervisorv personnel within the deoartment and shall supervise their performance
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jg� Appointment and term o�ffice The director shall be apoointed bv the mayor with the ap�roval of
the council, and shall be in the unclassified service of the city. The director shall continue in office for
terms of three (3) years from the expiration of the director's prior terms each subsequent term subject to
reappointment.
(h) Commission Assessment and Recommendation In coniunction with the director's tluee vear term
the Human Rights and Equal Economic Opportunity Commission shall conduct an extensive assessment of
the department and director's performance. Prior to 120 davs from the expiration of the director's term
the commission shall recommend to the may,or whether the director should be reappointed Within 60 days
prior to the expiration of the director's term the mayor must accept or reiect the commission's
recommendations in writine. If the ma�or rejects the commission's recommendation the substantative
bases far the rejection of the commission's recommendation must also beprovided in writin�
(i) Reappointment and vacancv The ma�or initiates the reappointment process bv submittin� to the
council in writin¢ the mayor's reappointment decision If the mavor elects to reapooint then the mavor
shall submit the written request recommending the reappointment to the counci] for approval or reiection
Failure oY the council to act within 30 days from the date the mavor's written reappointment was delivered
to the council shall result in an automatic reappointment of the directar for an additional term. If the
mavor decides noY to reapooint or the council rejects the reappointment then the director position shall be
vacant either at the end of the term or immediatelv if the term has exoired
ln any case when a vacancy occurs the mayor shall appoint an interim director The mayor and council
shall pass an ardinance to create a community advisorY committee to advise the mayor on the selection of
the new director The committee sha11 immediately arrange for an examination to determine eligible
persons to fill anv vacancy and make its recommendation to the mayor
(j) Removal ofthe director The director may be removed prior to the com�letion of the three vear
term in the followin� wa�
I Mavor's Removal The mayor may remove the director with the aoproval of the council
Upon receivina a written officia] notification that the mavor desires to remove the director which states the
bases for the removal request the council bv resolution must either aporove or reiect the mayor's removal
within 30 days from receivin� the notification The resolution must state the bases far either the ap�iroval
or the reiection of the Ma�r's written official removal notification
2. Commission's Removal The Human Rights and Equal Economic Opportunity Commission
may remove the director with the a nproval of the mavor Upon receiving a resolution approved bv the
commission requesting the removal of the director which states the bases for the removal rec�uest the
mayor must either apprQVe oi reject the commission's removal resolution request within 30 da sy from
receivine the resolution. The mavor's aporoval or rejection must state in writina the bases for either the
approval ar the rejection of the commission's resolution
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88 Section ll.02. General resaonsibilities en�umerated.
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� Functions The department's functions include (I� contract analvsis and �rocurement (2) capacity
buildine and workforce development f3) contract monitorin¢ investieation and enforcement and (4)
human riahts enforcement and outreach
� HR,4 The Housine and Redevelopment Authority (H12A) has duties and resoonsibilities that aze
also assigned to the department. The detiartment shall oversee the activities of the HRA to the extent that
the HRA's activities overlap with the duties of the department.
jc Responsibilities The department shall be responsible for ensuring citv compliance with and where
necessary assume the duties and resoonsibilities for all of the citds affirmative action compliance and
hirin� on construction sites, vendor outreach proQram fair labor standards p;evailing wage living wage
and business subsidv, and other areas of capacity buildin� and workforce development.
The department's duties and resnonsibilities include but aze not limiYed to those under federal law or
federa] proarams govemine contracts or the use of federal funds such as the Davis-Bacon acts the
Communitv Development Block Grant Home Investment Partnerships Pro�ram and section 3 of the
Housing and Urban Development Act of 1968 [12 U S.C. � 1701u]� Saint Paul Leeislative Code Chapter
183 and 185; Saint Paul Administrative Code Chapters 82 83 84 85 and 98� Business Subsidy Pro�ram
and Apprenticeship Opportunities Pilot Pro ram.
(d) Staf�g for Human Rights and Epual Economic Opportunitv Commission The de�artment shall be
responsible for orovidin�staff support for the Human Riehts and Equal Economic Op�ortunitv
Commission.
(e� InvestiQation and Training The director sball ensure that Yhe department's personnel are
aclequately trained and experienced to carrv out the deoartment's duties and responsibilities
Sea 11.03. Reference to former deaartments.
Any documents containin� the name of the Department of Human Rights or the Division of
Contract and Analysis Services or the Minority Business Development and Retention program shall be
read to refer to the Department of Human Rights and Equal Economic Op ortuniri Anv document
containine the name of the Human Rights Commission shall be read to refer to the Human Ri�hts and
Equal Economic Opportunitv Commission.
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Section 2
I 34 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and
13� publication.
�'UBLISH�p
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Requested by Department of:
By:
Approved by the Office of Financial Services
B
Appr by City A�tt
BY �� I lzuu.I �'?h'aPJ
Approved by Mayor for Subm�ssion to Council
Adoption 'fied , w •il cretary gy.
B
Approv d y ayo� Date (�
By:
AdoptedbyCouncil: Date \('y—\—Z��g
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� ��
CA —crtr Auo�=v
Contact Person & Phone:
John Ctwi
2665710
Must Be on Cqun�ij end� by �a1
20-AUG-0B � j -�— �� �
Doc.7ype: ORDINANCE
E-Document Required: Y
DocumentConWCt: JuYeKraus
Contact Phone: 266-8776
13AUG-08
�
Assign
Number
For
Routing
Order
Toql # of Signature Pages _(qip All Locations for Signature)
Green Sheet NO: 3058208
0 'riAttomev I
1 'tyAttorney _ DeparhnentDirec[or '
2 'tYAttorneY i
3 or's Office Ma or/ASSisiant
4 ouncil
5 ' CLerk C1 Clerk
Approval of the attached ordinance creating Chapter 1 I of the Saint Paul Administrative Code in order to creat a new Depattment of
Human Rights and Equal Economic Opportuniry.
Planning Commission
CIB Committee
Civil Service Commission
1. Has this perso�rm ever worked under a contract for this department'?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Before City Council is an ordinance to create a deparhnent entitled Deparhnent of Human Rights and Equal Economic Opporiuniry.
The main goal of this new department is to improve internai communication and coordination of conhact related activiries and to crate
a single point of accountability. Mareover, all staff with conRact related responsiblities will operate under the same leadership and
mission and can appxoach their wotk in a way that will lead to outcomes that meet the policy ofjecrives of the City's elected officials.
AdvanWges If Approved:
For conhact xelated activities, there will be imptoved internal communication and cooidination as well as a single point of contact.
Employees the new department wili have the same Leadership and mission.
Disadvantages IfApproved:
None.
�isadvanWges If Not Approved:
Advantages listed above will not be realized.
TransaCtion:
Funding Source:
Financial Information:
(EUplain)
Activity Num6er:
CosURevenue Budgetetl:
August 13, 2008 10:14 AM Page 1
Council File # Q �
Green Sheet # 30 $
ORDINANCE
CITY OF
Presented by
PAU�L. MINNESOTA
1 An Ordinance Creating Chapter 11 Of The Saint Paul Administrative Code
2 In Order To Create A New
3 pepartrnent of Human Ri�ts and Equal Economic Opportunity
4
5
6
Section 1
7 Chapter 11 of the Saint Paul Legislative Code is hereby created to read as follows:
9 Section 11.01 Creation: head of denartment; authoritv eenerallv: nower to arescribe rules and
10 regulations; responsibilities.
11
12 (al Creation of the Department There is herebv established an executive department of the Citv of
13 Saint Paul to be known as the Department of Human Ri�hts and Equal Economic Opportunit�
14
15
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19
20
21
22
23
24
25
26
27
28
29
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L) Director. The head of the Denartment of Human Ri�hts and Equal Economic Opportunitv shall be
a director. On a dav to day basis the director shall be accountable to the mayar and subiect to the mavor's
s�ervision shall administer the affairs of the department The director shall also re�ort to the Human
�hts and Equal Economic Opportunitv Commission as reguired bv Chanter 183 of the Saint Paul
Legislative Code.
(c) Director authoritv. The director shall have �eneral authority and control over all the denarhnent
staff and shall oversee the oroper fulfillment of all tasks and duties assigned to the denartment In the
eyent that special ar unusual circumstances arise or in any case where the director cannot fulfill hisJher
duties the council upon the request of the director may by resolution appoint another person to perform
the duties and responsibilities defined in the resolution.
(d) Power to prescribe rules and regulations. The director shall have the power to prescribe such rules
and regulations as deemed necessary or expedient for the proper operation of the denartment and to that
end shall keep informed of the latest administrative nractices
(e) Authoritv to desi n� ate deputies and othe� assistants The director may apnoint uu to three deputv
directar positions The director mav designate with the approval of the mayor an employee of the
department to perform the functions and duties asslgned to the director by law durine the absence or
disabilitv of the director. This emplovee mav be a deputy director or a manaeer of one of the functions of
the denartment.
�fZ Powers and duties with respect to department personnel The director shall have the�ower and
duty to take all personnel actions includin� hirine assi�ning and reassi n�inQ emolovees including
supervisorv personnel within the department and shall supervise their nerformance
�) Appointment and term o�fice The director shall be appointed by the mavor with the approvai of
the council, and shall be in the unclassified service of the citv. The director shall continue in office for
C�' �� �
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terms of three (3) veazs from the expiration of the director's Urior terms, each subsequent term subject to
reappointment. The director shall continue in office until action on the reapnointment has been taken by
the mavor and the council.
(h} Commission Assessment and Recommendation. In conjunction with the director's three veaz term,
the Human Rights and Equal Economic Opportunitv Commission shall conduct an extensive assessment of
the deparhnent and director's performance. Prior to 120 davs from the expiration of the director's term,
the commission shall recommend to the mavor the director's reanpointment or non-reappoinhnent.
(i Reappointment and vacancv. The m�or initiates the reapnointment process bv submittan¢ to the
council in writin t� he ma reanpoinrinent decision. If the mavor elects to reapnoint then the mavoz
shall submit the written request recommendine the reappointment to the council for anroroval or reiection
Failure of the council to act within 30 days from the date the mayor's written reappoinhnent was delivered
to the council shall result in an automatic reappoinhnent of the director for an additional term. If the
mayor decides not to reappoint or the council rejects the reappointment then the directar position shall be
pacant either at the end of the term or, immediately, if the term has exnired.
In anv case when a vacancv occurs, the mavor shall a�point an interim director. The mayor and council
shall pass an ordinance to create a communitv advisorv committee to advise the mavor on the selection of
the new director. The committee shall immediatelv arrange far an examination to determine eli2ible
persons to fill anv vacancv and make its recommendation to the mayor.
(j) Removal �&e director. The director m� be removed�rior to the completion of the three year
term in the followine wavs:
1. Mayor's Removal The mayor mav remove the director with the approval of the council
U�on receiving a written official notification that the mavor desires to remove the director which states the
bases for the removal request the council by resolution must either apnrove or reject the mavor's removal
within 30 days from receiving the notification. The resolution must state the bases for either the approval
or the rejection of the Mavor's written official removal notification
2. Commission's Removal. The Human Riehts and Equal Economic OppOrtunity Commission
mav remove the director with the approval of the mavor Unon receivin¢ a resolution ap�roved by the
conunission requesting the removal of the director, which states the bases for the removal request the
mayor must either aprorove or reiect the commission's removal resolution request within 30 davs from
receiving the resolution. The mavor's approval or rejection must state in writing the bases for either the
apnroval ar the reiecrion of the commission's resolution
Section 11.02. General resnonsibilities enumerated.
(al Functions. The deparimenYs functions include• (1) contract analysis and nrocurement (2� capacitv
buildine and workforce development (31 contract monitorine investi�ation and enforcement and �
human rights enforcement and outreach.
i� I� r
87 {b) HR.4. The Housine and Redevelopment Authorit�(I�RA) has duties and responsibiliries that aze
88 also assiened to the department. The deparhnent shall oversee the activities of the HRA to the extent that
89 the HRA's activities overlap with the duties of the department.
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�c) Responsibilities. The department shall be responsible for ensuring citv compliance with and where
necessarv assume the duties and responsibilities for al1 of the citv's affirmative action comnliance and
hiring on construction sites vendor outreach oro¢ram fair labor standards orevailin� waee living wa�e
and business subsidv. and other azeas of capacitv buildine and workforce develo�ment.
The department's duties and responsibilities include but are not limited to those under federal law or
federal programs governine contracts or the use of federal funds such as the Davis-Bacon acts the
Communitv Development Block Grant. Home Investment Partnershi�s Program and section 3 of the
Housine and Urban Develonment Act of 1968 [12 U S C� 1701u1• Saint Paul Legislative Code Chapter
183 and 185: Saint Paul Administrative Code Chapters 82, 83. 84 85 and 98• Business Subsidv Proeram
and Anprenticeship Opportunities Pilot Pro ram.
(d) Sta tn or Human Rights and Equal Economic Op op rtunity Commission The department shall be
responsible for providine staff support for the Human Rights and Equal Economic Opportunity
Commission.
Lel InvestiQation and Training. The director sha11 ensure that the departmenYs oersonnel aze
adequatelv trained and experienced to carrv out the departmenY s duties and responsibilities
Sec. 11.03. Reference to former deaartments.
Anv documents containing the name of the Department of Human Ri�hts or the Division of
Contract and Analvsis Services or the Minority Business Development and Retentionpro�ram shall be
xead to refer to the Department of Human Ri�hts and Equal Economic Opnortunitv
Section 2
116 This Ordinance shall take effect and be in force thirty (30) days foliowing its passage, approval and
117 publication.
Yeas Nays Absent
Bostrom
Carter
Harris
Helgen
Lantry
Stazk
Thune
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
Reques ep ent of. � ��
_—��„��J
By:
/ —
Approved by t he Office of Financial Services
BY: � �G�$,� =
Approved b ey V
By:
Approve ay for Sub 'ssion to ouncil
By: