New Orleans, Louisiana, Human Rights Commission Charter Amendment (November 2019)
| New Orleans Human Rights Commission Charter Amendment |
|---|
|
| The basics |
| Election date: |
| November 16, 2019 |
| Status: |
 Approved
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| Topic: |
| City governance |
| Related articles |
| City governance on the ballot November 16, 2019 ballot measures in Louisiana Orleans Parish, Louisiana ballot measures Local advisory committee on the ballot |
| See also |
| New Orleans, Louisiana |
A city charter amendment was on the ballot for New Orleans voters in Orleans Parish, Louisiana, on November 16, 2019. It was approved.
| A yes vote was a vote in favor of authorizing an amendment to the Home Rule Charter of New Orleans in order to create a local Human Rights Commission. |
| A no vote was a vote against authorizing an amendment to the Home Rule Charter of New Orleans in order to create a local Human Rights Commission. |
Election results
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New Orleans, Louisiana, Human Rights Commission Charter Amendment (November 2019) |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
86,354 | 72.62% | ||
| No | 32,566 | 27.38% | ||
Text of measure
Ballot question
The ballot question was as follows:[1]
| “ |
Shall Article V of the Home Rule Charter of the City of New Orleans be amended to add sections 5-1101 through 5-1103 thereto to create a local Human Rights Commission to safeguard all individuals in the City of New Orleans from discrimination and to exercise all powers, duties and functions provided by applicable state and municipal law? [2] |
” |
Full text
The full text of the measure is available here.
Support
The City of New Orleans created a powerpoint in which it wrote that this amendment to the charter is the first step toward the goal of having "a fully-functioning local human rights commission as envisioned in Louisiana Revised Statutes Title 51, Chapter 38, § 2236."[3] In the powerpoint, the City of New Orleans listed the following as benefits of a local human rights commission:[3]
- Provides administrative processes free of cost
- Offers alternative to litigation
- May compel responses, investigate, produce credible findings of fact and issue orders (enforcement of orders is by Civil District Court)
- Often resolves discrimination complaints before they get to court
- Eases burden for legal services and enforcement agencies; and
- Leverages local laws and authorities
The City of New Orleans also said that the Human Relations Commission effective at the time of the election, which was created in Chapter 86 of the City Code has legal issues and must be put into the Home Rule Charter "to utilize all powers authorized by the State."[3]
The full powerpoint can be found here.
Opposition
Ballotpedia did not identify organizations or individuals opposing the measure. If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Backgound
Louisiana Revised Statutes Title 51, Chapter 38, § 2236
The Louisiana Revised Statutes Title 51, Chapter 38, § 2236 read as follows:[4]
| “ |
§2236. Parishes and municipalities may prohibit discrimination A. Parishes and municipalities may adopt and enforce ordinances, orders, and resolutions prohibiting all forms of discrimination, including discrimination on the basis of race, creed, color, religion, national origin, sex, disability, or age, and to prescribe penalties for violations thereof, such penalties being in addition to the remedial orders and enforcement herein authorized. B. Parishes and municipalities may adopt and enforce ordinances, orders, and resolutions prohibiting discrimination, but no ordinance, order, or resolution shall attempt to exempt more transactions from its coverage than are exempted by R.S. 51:2250.[2] |
” |
Human relations commission effective as of November 2019
Going into the election, there was a Human Relations Commission that was created in Chapter 86 of the City Code. The City of New Orleans website on the Human Relations Commission contained the following description of the agency:[5]
| “ | The Human Relations Commission was created in the early 1990s in New Orleans. Because it was not put in the City’s Home Rule Charter, it does not have the powers granted by the state to local human rights commissions. Today, it is only able to provide information and referrals.
Although the office is not serving as an administrative and enforcement body for complaints of discrimination, it can provide information and referral and advise City government through the Advisory Committee on Human Relations.[2] |
” |
Powers of local commissions under state law
The Louisiana Revised Statutes Title 51 § 2238 read as follows:[6]
| “ |
§2238. Powers of local commissions A local commission may: (1) Receive, initiate, investigate, hear, and determine charges of violations of ordinances, orders, or resolutions forbidding discrimination adopted by the parish or municipality. (2) Compel the attendance of witnesses and the production of evidence before it by subpoena issued by the district court of the parish wherein the local commission is authorized to act. (3) Issue remedial orders, after notice and hearing, requiring cessation of violations. (4) Issue such affirmative orders as in the judgment of the local commission will carry out the purposes of this Chapter. Affirmative action ordered may include but is not limited to the remedies enumerated in R.S. 51:2261(C). (5) Employ an executive director, attorneys, hearing examiners, clerks, and other employees and agents. (6) Accept grants, gifts, or bequests, public or private, to help finance its activities.[2] |
” |
Path to the ballot
This measure was put on the ballot through a vote of the New Orleans City Council.
See also
External links
Footnotes
- ↑ New Orleans City Council, "Human Rights Commission Proposal" accessed September 9, 2019
- ↑ 2.0 2.1 2.2 2.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 3.2 [https://cityofno.granicus.com/MetaViewer.php?view_id=3&clip_id=3391&meta_id=456225 City of New Orleans, "Creating a Local Human Rights Commission: Proposed Election Call powerpoint," accessed November 12, 2019]
- ↑ Justia Law, "2016 Louisiana Laws Revised Statutes TITLE 51 - Trade and Commerce RS 51:2236 - Parishes and municipalities may prohibit discrimination," accessed November 12, 2019
- ↑ City of New Orleans, "HUMAN RELATIONS COMMISSION," accessed November 12, 2019
- ↑ Justia Law, "2017 Louisiana Laws Revised Statutes TITLE 51 - Trade and Commerce RS 51:2238 - Powers of local commissions," accessed November 12, 2019
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