The Detroit Charter and City Government
ARTICLE 7. THE EXECUTIVE BRANCH: PROGRAMS, SERVICES and ACTIVITIES
CHAPTER 7. HUMAN RIGHTS
Annotations By: Jacqueline Bejma
Sec. 7-701. Department
The human rights department is headed by the human rights director
The human rights director and deputy director are appointed by the mayor for 4 year terms
The director and deputy director cannot by appointed or removed without the approval of the human rights commission
The Human Rights Department is headed by the Human Rights Director. The Director and a Deputy Director shall be appointed by the Mayor to four (4) year terms beginning on March first (1st) after the beginning of the Mayor’s term. The Mayor may remove the Director or Deputy Director for cause. However, the Director and Deputy Director may not be appointed or removed without the approval of the Human Rights Commission.
Sec. 7-702. Human Rights Commission
The Human Rights Commission will have 11 members, 7 of whom are appointed, 1 from each district
The mayor will appoint an 11 member human rights commission, with the approval of city council
Members must be residents of the city
Members should be representative of the total community
Membership terms last 3 years
An eleven (11) member Human Rights Commission shall be appointed by the Mayor, with the approval of the City Council. A member must be a resident of the City. The Commission shall be representative of the total community. Seven (7) members shall be appointed from the non at-large districts.
The term of membership on the Commission is three (3) years, and not more than four (4) member’s terms expire each year. The members of the Commission may be removed by the Mayor for cause.
Sec. 7-703. Budget
The City shall make an annual appropriation for the effective operation of the department.
Sec. 7-704. Duties
The human rights department will:
- Investigate any complaints of discrimination
- Secure the rights of citizens to service from the city without discrimination
- Increase mutual understanding among community residents, promote good will, work cooperatively with other agencies
Subject to policies established by the Commission, the Human Rights Department shall:
- Investigate complaints of unlawful discrimination against any person because of religion, race, color, national origin, age, sex, sexual orientation, height, weight, familial status, marital status, disability or any status protected by the laws of the State of Michigan or the United States of America, in violation of any ordinance or any law within the city's jurisdiction, and secure equal protection of civil rights without discrimination. The city shall implement this section by ordinance. The Human Rights Department may cooperate with other civil rights and enforcement agencies in the resolution of complaints, where cooperation is requested or where jurisdiction is concurrent;
- Secure the rights of citizens to service from city government without discrimination; and
- Endeavor to increase mutual understanding among the residents of the community, to promote good will, and to work cooperatively with other agencies of government, community groups and organizations, and other persons to eliminate discrimination and the results of past discrimination.
Sec. 7-705. Powers
The department will, with consent of the human rights commission, create rules for its procedures
The department director has the power to hold hearings, subpoena witnesses, administer oaths, take testimony, require the production of evidence and issue orders
The department director may delegate the power to hold hearings, administer oaths and take testimony
The Department shall, with the consent of the commission, promulgate rules for its own procedures.
The Department Director may hold hearings, subpoena witnesses, administer oaths, take testimony, require the production of evidence, and issue appropriate orders, including the dismissal of a complaint. To enforce subpoena or order for production of evidence or other order to impose any penalty prescribed for failure to obey a subpoena or order, the Department Director shall apply to the appropriate court.
The Department Director may delegate the powers to hold hearings, administer oaths, and take testimony.
Sec. 7-706. Appeals
Any appeal to a final order from the department will be taken to the appropriate court
Appeals from final orders of the Department in all matters, except decisions of ineligibility to do business with the city, shall be taken to the court having jurisdiction provided by law. Appeals by persons or firms aggrieved by decisions of ineligibility to do business with the city may be heard by the City Council or such other appellate body as may be provided by ordinance under section 9-302.
Sec. 7-707. Remedies Cumulative
The rules of the human rights department cannot diminish anyone’s right to immediate legal or equitable remedies in any court
This chapter shall not be construed to diminish the right of any party to direct any immediate legal or equitable remedies in any court or other tribunal.