[HISTORY: Adopted by the Council of the Township
of Montclair 6-23-1992 by Ord. No. 92-21. Amendments noted where
applicable.]
A.
It is hereby found that prejudice and discrimination
against any individual or group because of race, creed, color, national
origin, ancestry, age, sex, affectional or sexual orientation, gender
identity or expression, disability, marital status, liability for
service in the Armed Forces of the United States or nationality is
inimical to democracy, the cornerstone of our American tradition and
menaces peace and public welfare. To eliminate such prejudice and
discrimination in Montclair, a Commission should be established through
which the citizens of Montclair may be kept informed of developments
in human relations and from which the elected and appointed officials
and the departments of this Township may obtain advice and assistance
in adopting those measures to keep peace and good order and harmony
among the citizens of Montclair and to promote and ensure equality
of treatment and of opportunity to all, regardless of race, creed,
color, national origin, ancestry, age, marital status, affectional
or sexual orientation, gender identity or expression, disability,
liability for service in the Armed Forces of the United States, nationality
or sex or as otherwise identified by state law.
[Amended 5-23-2000 by Ord. No. 00-19; 5-23-2017 by Ord. No. O-17-019]
B.
There is hereby created and established an advisory
commission to be known as the "Civil Rights Commission" (hereinafter
the "Commission"), consisting of 17 members and one alternate to be
appointed for a term of three years by the Township Council, except
as set forth below. One member of the Commission shall be a student
from a high school located in the Township and one member shall be
a Montclair State University student. The two student members shall
be considered nonvoting interns and shall serve for a term of one
year. The Council shall also appoint a Councilperson designee, who
shall serve ex officio without vote. Other ex officio nonvoting members
shall include the Board of Education, or its designee, and two other
members to be appointed by the Township Manager in the recommended
areas of police affairs and equal opportunity compliance. The Commission
shall concern itself with alleged incidents of prejudice and discrimination
as they occur and affect individuals in Montclair. The members of
the Commission shall serve without compensation. No person who is
a Township employee holding a managerial or policy-making position
shall serve as a voting member of the Commission. All members of the
Commission shall be appointed in accordance with the Township Council's
operating practices and procedures for appointments to advisory boards
and commissions, including the submission of written volunteer forms
provided by the Township Clerk.
[Amended 2-1-2000 by Ord. No. 00-05; 6-9-2009 by Ord. No.
O-022-09]
A.
The objectives of the Commission shall be to work
cooperatively with other persons to eliminate discrimination and the
result of past discrimination, to recommend ways and means of initiating
and improving Township government programs designed to eliminate discrimination
or to remove the effects of past discrimination, to develop programs
for coordination of community efforts to address problems involving
tensions in the community and to make recommendations to the Township
Council for the development of policies, procedures and programs that
will aid in the prevention and elimination of all types of discrimination
in Montclair.
B.
In performing this function, the Commission shall
strive to increase the effectiveness of these programs, to increase
the fairness with which these programs are operated and to increase
interdepartmental harmony in the operation of these programs.
C.
To achieve these objectives, the Commission shall:
(1)
Develop mutual understanding and respect among all
racial, religious, cultural and ethnic groups in Montclair and work
to prevent discriminatory practices against such groups.
(2)
Aid in seeing that no person is deprived of equal
services in this Township by reason of discrimination on account of
race, creed, color, national origin, ancestry, age, gender identity
or expression, disability, marital status, affectional or sexual orientation,
liability for service in the Armed Forces of the United States, nationality
or sex or as otherwise identified by state law.
[Amended 5-23-2000 by Ord. No. 00-19; 5-23-2017 by Ord. No. O-17-019]
(3)
Encourage, receive, investigate and evaluate complaints
from any person of discrimination which allegedly violates law and
such other complaints as it deems fall within the scope of its services
and make public procedures which a person may use to complain of discrimination.
(4)
Receive and investigate complaints of intergroup tensions
and practices of discrimination and acts of prejudice against any
person or group due to consideration of race, creed, color, national
origin, ancestry, age, gender identity or expression, disability,
marital status, affectional or sexual orientation, liability for service
in the Armed Forces of the United States, nationality or sex or as
otherwise identified by state law.
[Amended 5-23-2000 by Ord. No. 00-19; 5-23-2017 by Ord. No. O-17-019]
(5)
Confer with the Township Counsel on such complaints
as appear to require legal process after initial investigation and/or
failure to achieve conciliation.
(6)
Investigate upon request or initiate investigation
of alleged incidents of prejudice and discrimination and make recommendations
for corrective action and coordinate community efforts toward their
resolution.
(7)
Formulate, develop and disseminate programs of community
information, education materials and reports which will assist in
the elimination of prejudice, intolerance, intergroup tensions and
discrimination or which promote goodwill and result in better human
relations.
(8)
Assist community groups and various fraternal, service
and benevolent organizations in the promotion of education campaigns
devoted to the elimination of group prejudices, racial or neighborhood
tensions, intolerance and discrimination.
(9)
Cooperate with and render assistance to the Affirmative
Action Officer and other branches of Township government in the area
of human relations.
(10)
Cooperate with and render assistance to county, state,
federal and other governmental or private agencies in the area of
human relations.
(11)
File with the Township Council an annual report of
the Commission's activities. In addition, as it deems necessary, prepare
and publish an annual report and such other factual reports and recommendations
concerning problems relating to discrimination, racial tensions and
other human relations concerns the Commission deems necessary. Copies
of all such reports and recommendations shall be filed with the Township
Council and Clerk.
The Civil Rights Commission may be granted an
annual budget as is reasonable and proper to enable it to carry out
its responsibilities and shall have the use of adequate space and
facilities for the conduct of its business.
A.
Any individual in Montclair claiming to be aggrieved
by a discriminatory practice prohibited by this chapter or the State
Law Against Discrimination, N.J.S.A. 10:5-1 et seq., may submit to
the Civil Rights Commission a complaint, written or oral, identifying
himself or herself and stating his or her belief that a discriminatory
practice has been committed in Montclair. The Commission may endeavor
to eliminate the alleged discriminatory practice by conference, conciliation
and persuasion. However, the Commission shall refer all Township employees
to the Affirmative Action Officer to initially counsel and investigate
all complaints of discrimination. The counseling and investigation,
process by the Township Affirmative Action Officer shall not exceed
30 calendar days.
[Amended 2-1-2000 by Ord. No. 00-05]
B.
The Commission shall not make public, without the
written consent of complainant and respondent, information concerning
the efforts to eliminate a discriminatory practice.
[Amended 2-1-2000 by Ord. No. 00-05]
The obtaining of factual information by the
Civil Rights Commission in the performance of its duties under this
chapter is hereby declared to be necessary to its functions. All other
departments of the Township shall cooperate with the Commission, upon
its request, relative to the gathering of information; provided, however,
that the opinion of the Township legal counsel shall be obtained in
such matters as appear to involve questions of confidentiality or
liability on the part of the Township and/or the Commission.
