Section 900. Declaration of intent.
It is the public policy of the city to promote equal opportunity and freedom from unlawful discrimination through the provisions of the city’s human rights law.
Section 901. Executive orders.
The mayor may issue such executive orders as the mayor deems appropriate to provide for city agencies and contractors to act in accordance with the policy set forth in this chapter.
Section 902. Commission on human rights.
Section 903. Commission membership; chairperson; appointment; vacancy.
The commission shall consist of 15 members, to be appointed by the mayor, one of whom shall be designated by the mayor as its chairperson and shall serve as such at the pleasure of the mayor. The chairperson shall devote the chairperson’s entire time to the chairperson’s duties and shall not engage in any other occupation, profession or employment. Members other than the chairperson shall serve without compensation for a term of three years. In the event of the death or resignation of any member, such member’s successor shall be appointed to serve for the unexpired portion of the term for which such member had been appointed.
Section 904. Functions.
The functions of the commission are:
Section 905. Powers and duties.
The powers and duties of the commission shall be exercised in a manner consistent with this chapter, title 8 of the administrative code and all other applicable laws and include but are not limited to the following:
1. To receive, investigate and pass upon complaints and to initiate its own investigation of: (i) group tensions, prejudice, intolerance, bigotry and disorder occasioned thereby, and (ii) unlawful discrimination against any person or group of persons, except that with respect to discrimination alleged to be committed by city officials or city agencies, such investigation shall be commenced after consultation with the mayor;
2. Upon its own motion, to make, sign and file administrative complaints alleging violations of the city’s human rights law; and
3. In the event that any investigation undertaken pursuant to paragraph 1 of this subdivision discloses information that any person or group of persons may be engaged in a pattern or practice that results in the denial to any person or group of persons of the full enjoyment of any right secured by the human rights law, in addition to making, signing and filing an administrative complaint upon its own motion pursuant to paragraph 2 of this subdivision, to refer such information to the corporation counsel for the purpose of commencing a civil action pursuant to chapter 4 of title 8 of the administrative code;
1. To issue subpoenas in the manner provided for in the civil practice law and rules compelling the attendance of witnesses and requiring the production of any evidence relating to any matter under investigation or any question before the commission, and to take proof with respect thereto;
2. To hold hearings, administer oaths and take testimony of any person under oath;
3. To require the production of any names of persons necessary for the investigation of any institution, club or other place or provider of accommodation; and
4. To require, in accordance with the provisions of subdivision b of section 8-114 of the administrative code, any person or persons who are the subject of an investigation by the commission to preserve such records as are in the possession of such person or persons and to continue to make and keep the type of records that have been made and kept by such person or persons in the ordinary course of business within the previous year, which records are relevant to the determination whether such person or persons have committed unlawful discriminatory practices or other acts made unlawful by chapter 1 or chapter 6 of title 8 of the administrative code with respect to activities in the city;
1. The information regarding inquiries received by the commission from the public shall include, but not be limited to: (i) the total number of inquiries; (ii) the number of inquiries made by limited English proficient persons disaggregated by language; (iii) the subject matter of inquiries disaggregated by the alleged category of unlawful discriminatory practice as set forth by section 8-107 of the administrative code and the protected class of person; and (iv) the number of inquiries resolved by pre-complaint intervention.
2. The information regarding investigations initiated by the commission shall include, but not be limited to: (i) the total number of investigations initiated by the commission disaggregated by the category of unlawful discriminatory practice as set forth by section 8-107 of the administrative code and the protected class at issue; (ii) the total number of commission-initiated complaints filed pursuant to section 8-109 of the administrative code after an investigation finding that a person or group of persons may be engaged in a pattern or practice of discrimination; (iii) the total number of investigations referred to the corporation counsel for the purpose of commencing a civil action pursuant to chapter 4 of title 8 of the administrative code; and (iv) the total number of publications and reports of investigations designed to promote good will and minimize or eliminate prejudice, intolerance, bigotry, discrimination and disorder occasioned thereby.
3. The information regarding complaints filed with the commission shall include, but not be limited to, the number of complaints filed with the commission and shall be disaggregated by: (i) the category of unlawful discriminatory practice, as set forth by section 8-107 of the administrative code, alleged; (ii) the basis of the alleged discriminatory practice based on protected class of the complainant; (iii) whether the complaint was resolved by mediation and conciliation, as set forth in section 8-115 of the administrative code; a determination of no probable cause, as set forth in section 8-116 of the administrative code; or a hearing, as set forth by section 8-119 of the administrative code; (iv) the number of days the complaint was outstanding at the time such resolution occurred; and (v) whether a fine, penalty or cash award was imposed and, if so, the dollar amount of such fine, penalty or cash award.
4. The information regarding the commission’s education and outreach efforts as required by subdivisions a and b of this section shall include, but not be limited to: (i) the types of outreach initiated; (ii) the number of people with whom the commission made contact as a result of outreach; (iii) the number of limited English proficient persons served; and (iv) the languages in which such outreach was conducted; and
Section 906. Relations with city departments and agencies.
So far as practicable and subject to the approval of the mayor, the services of all other city departments and agencies shall be made available by their respective heads to the commission for the carrying out of the functions stated in this chapter. The head of any department or agency shall furnish information in the possession of such department or agency when the commission so requests. The corporation counsel, upon request of the chairperson, may assign counsel to assist the commission in the conduct of its investigative or prosecutorial functions.