HomeMy Public PortalAbout074-1996 - General Ordinance - Amends Chapter 32 of the City CodeORDINANCE NO. 74-1996
AN ORDINANCE AMENDING CHAPTER 32 OF THE RICHMOND CODE
WHEREAS, Richmond Code 32.50 established the Richmond Human Rights
Commission (the Commission) pursuant to 1. C. 22-9-1-12.1; and
WHEREAS, Richmond Code 32.50(d)(5) authorizes the Commission to appoint
hearing examiners or panels; and
WHEREAS, it is desirable that any hearing examiner appointed under this section
not be liable for acts within the scope of their employment as a hearing officer; and
WHEREAS, I.C. 34-4-16.5-3(5) provides that a governmental employee acting
within the scope of their employment is not liable for a loss resulting from the initiation of a
judicial or administrative proceeding; and
WHEREAS, in the definition of "employee", I.C. 34-4-16.5-2 includes attorneys
at law, whether employed as employees or as independent contractors; and
WHEREAS, the Commission only appoints attorneys at law as hearing officers;
and
WHEREAS, I.C. 22-9-1-60) provides that the Indiana Civil Rights Commission
may appoint administrative law judges that shall have the same powers and duties as a
commissioner sitting as an administrative law judge; and
WHEREAS, it is desirable that a hearing examiner appointed by the Richmond
Human Rights Commission have the same powers and duties as a commissioner sitting as
a hearing examiner.
NOW, THEREFORE, BE IT ORDAINED that, in conformity with the above -referenced
sections of Indiana Code, Richmond Code 32.50 is amended to add the following:
(1) A hearing examiner appointed by the Richmond Human Rights Commission
shall have the same powers and duties as a commissioner sitting as a hearing examiner.
(m) Pursuant to I.C. 34-4-16.5-3(5), an attorney at law appointed by the
Richmond Human Rights Commission as a hearing examiner under R.C. 32.50(d)(5) shall
not be liable for acts within the scope of said appointment.
Passed and adopted this `� _ day of VZL 1996, by the Common Council of
the City of Richmond, Indiana.
t.
President
(Geneva Allen)
ATFES-1( �n �. Le�6LQ� City Clerk
(Norma Sc oeder)
0,ZESENTF,D to the Mayor of the City of Richmond, Indiana, this __� day of
1996, at 9:00 a.m.
5 City Clerk
(Norma S roeder) J
APPROVED b me, Dennis Andrews, Mayor of the City of Richmond d na, this
day of 1996, at 9:05 a.m.
, Mayor
(Denn Andrev s)
ATTES City Clerk
(Norma S •hroeder)