|
Authority of the HRCC Commission
The Office of Human Relations and Citizen Complaints (OHRCC) was created pursuant to the Constitutional Home Rule Charter of Jackson County, Article X. The Constitutional Home Rule Charter of Jackson County, Missouri was adopted by vote of the citizens of Jackson County on November 3, 1970. The Charter became effective on January 1, 1973.
The Ordinance, 2623, January 13, 1997, relating to the Office of Human Relations and Citizen Complaints and enacting Chapter 74 of the Jackson County Codes declares that among the many powers granted by the Charter to OHRCC and its Commission was the power to receive and investigate complaints of discriminatory acts and practices and complaints of harsh, oppressive, unjust or unfair acts or omissions.
It is the policy of the Human Relations and Citizen Complaints Commission that all Jackson County citizens or visitors in the county irrespective of their race, color, religion, national origin, creed, sex, physical disability where such is not exempted by law, political activity or lack thereof or union membership or non-membership may enjoy equal opportunity to live, grow, learn, work, play, worship and excerse the responsibility of citizenship, unhampered by discrimination.
*Charter Power May Not Be Limited
OHRCC’s functions, powers and duties, as stated in the Charter, may not be limited, except by Charter amendment authorized by a vote of the citizens of Jackson County. Article X, Section 6 of the Home Rule Charter specifically exempts OHRCC from being subject to the County Executive’s power.
However, the Legislature, by ordinance, and the County Executive, by Executive Order, may expand its duties, functions and powers.
Top
Purpose of the Commission
The Jackson County Office of Human Relations and Citizen Complaints operates within Jackson County, Missouri.
The purpose of the Jackson County Office of Human Relations and Citizen Complaints Commission is to encourage the reconciliation, by peaceful means, of problems tending to create tension between individuals and groups of people of diverse circumstances and interests and between citizens and county government, and to promote the improvement of human relations and the protection of civil rights and civil liberties, all through educational programs and the enactment of necessary or appropriate ordinance by the legislature.
Top
The Commission
The Jackson County Commission on Human Relations and Citizen Complaints was created by a vote of the citizens of Jackson County on November 3, 1970. The Home Rule Charter went into effect January 1, 1973.
The Commission is composed of eight (8) county residents, holding no other county office, appointed by the County Executive, in such a manner that the membership of the Commission shall be composed of one, but not more than two, residents of the same legislative district. (Article X.1).
The County Executive designates one member as Chairman of the Commission.
Duties and Responsibilities of the Commission
- Select, evaluate, and if deemed necessary, remove the Director/Ombudsman
- Advise the Director/Ombudsman
- Meet no less frequently than monthly
- Receive appeals and hold hearings
- Subpoena witnesses and require production of documents
- Review and advise the Director/Ombudsman regarding the proposed annual budget prior to submission to the County Executive.
Top
Nominations
The Office director shall alert the County Executive and members of the legislature 60 days in advance of the conclusion of any commissioner’s terms in order that legislators may submit names to the Executive for possible appointments.
Vacancies
In the event of a resignation, ineligibility or other such cause of vacancy, the County Executive shall appoint a new person to complete that commissioner’s term.
Removal
Once appointed, the term of a commissioner is irrevocable.
Compensation
Members of the commission shall be reimbursed at a rate of $50.00 per meeting, but shall not exceed more than $1,000.00 for each calendar year. Meetings shall be interpreted to include hearings, regular and special meetings of the commission, and meetings of commission committees.
Conflict of Interest
All commissioners are subject to the Charter and other county ordinances prohibiting conflict of interest.
Top
The Ombudsman Concept
The Office of Human Relations and Citizen Complaints is identified specifically as an ombudsman office. An ombudsman is an independent government official who receives complaints against government agencies and officials from aggrieved persons; who investigates and who, if the complaint is justified, makes recommendations to remedy the complaint. (American Bar Association Administrative Law Section – Ombudsman Committee).
Without ever using the word "Ombudsman", the Jackson County Charter quite clearly gives the OHRCC the classic ombudsman characteristics.
Specifically, the Charter has provided for:
- Antonymy of structure. OHRCC can be abolished or substantially changed only by a vote of the people.
- Political independence. The Office operates under a citizen commission rather than directly under the legislature or the County Executive. The Commissioners serve staggered terms, which are irrevocable once appointed by the Executive.
- Receive complaints. This power and responsibility is stated to include complaints against any county officer, board, commission, or employee. Complaints of discrimination get an additional special statement.
- Accessibility. The Office is available to all citizens without fee. The Charter requires the commission to hold open public meetings at least once a month.
- Power of investigation, recommendations and publicity. To backup investigations and recommendations, the Office has the power of subpoena, administering oaths, holding hearings and publicizing findings.
- No enforcement power. OHRCC cannot, by its own authority, revise any administrative or legislative decisions. Its powers are persuasion and appeal to public opinion.
- Related duties. The same powers are defined for the additional specified duties reviewing county personnel and contracting practices.
- Power or initiative. The director and commission may initiate action in any of the above areas.
- Accountability. The director is subject to the commission. Commissioners are appointed by the County Executive. The Office is budgeted annually by the legislature. Recommendations for changes in county procedures are naturally directed to the Executive or the legislature.
All of these powers are aimed to improve human relations and better relations between citizens and county government. In effect, the citizen identify problems with government, problems they cannot find a solution to and ask what can OHRCC do to help.
OHRCC attempts to respond by offering service to deal with county complaints, and also by providing information and referrals, connecting citizens with appropriate agencies where the problems fall outside of county jurisdiction.
Top
The Complaint Process
What Happens When A Citizen Files A Complaint With OHRCC?
Citizens may file a complaint by writing, visiting the Office at 415 East 12th Street, Kansas City, Missouri 64106, or call the Office at (816) 881-3670.
Intake:
Staff will listen attentively to the citizen’s problem, evaluate and analyze the nature of the complaint to determine jurisdiction.
If the complaint does not fall within the jurisdiction of OHRCC, the citizen is given information and referrals to connect the citizen with the appropriate agency where the problem can be properly addressed.
Investigation:
Complaints that fall within the jurisdiction of OHRCC are accepted and filed with the Office and assigned for investigation.
- The citizen is notified that the complaint is accepted for investigation.
- The department is notified that a complaint has been accepted by OHRCC. That department is informed of the nature of the complaint and a response to the complaint is requested.
- OHRCC staff will get facts and additional information from the complainant, agency/department and any relevant witnesses.
Staff will thoroughly investigate the facts of the matter and connected rules or regulations.
- Staff makes a judgement, based on the facts, to resolve the problem.
- If the complaint is determined Not Justified, the file is closed and the complainant is notified and advised of his/her appeal rights.
- If the complaint is determined Justified, the department is notified. Office staff will meet informally with the department director with recommendations to rectify the complaint.
- When the department corrects the problem to rectify the complaint, the citizen is notified and the file is closed.
- But, if the department and OHRCC do not agree after meeting informally, the Office may make a written recommendation.
- If the department does not agree with OHRCC, the department will state the reason in writing.
- The Office director will review the complaint and consider the department’s written response and decide whether to close or submit the complaint to the commission for review.
- Upon submission to the commission for review, the commission makes a decision and notifies the County Executive, County Legislature or public (through news media).
The ombudsman role in the complaint process is fact finder, analyst, translator, amplifier, mediator, persuader, and finally, all else failing, a public advocate for the citizen. Throughout the process the ombudsman seeks to be both reasonable and persistent. Authority to make enforceable decisions remain at all time with agency officials or with elected officials.
This complaint process is called FAIR (Facts – Answers – Insistence – Recommendations). It is based on a model developed by the 1971 international ombudsman workshop and adopted by the HRCC Commission as policy in March 1973.
Top
|