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HomeMy WebLinkAbout070-O-21 Amending the City Code to Create the Social Services Committee6/4/2021 70-0-21 AN ORDINANCE Amending Portions of the City Code Codifying the Social Services Committee WHEREAS, the City of Evanston desires to codify the Social Services Committee by realigning the responsibilities of the Mental Health Board and the Housing and Homelessness Commission that relate to addressing inequities in our community and systemic obstacles that impact lower income residents, particularly African -Americans, Latinos and other people of color, by providing equitable access to services and programs to residents who are unable to meet their basic needs or access mainstream services without assistance.. WHEREAS, consolidating these responsibilities in a single Committee eliminates overlaps in responsibilities between those two bodies and enables the strategic use of multiple funding sources to achieve City Council objectives of eliminating barriers to accessing needed services primarily for low and moderate income residents that perpetuate disparate health and wellbeing outcomes, particularly for Blacks, Latinos and other people of color. WHEREAS, the Committee will be responsible for developing recommendations for the use of federal Community Development Block Grant funding Public Services category ("CDBG-PS") and Emergency Solutions Grant ("ESG") entitlement funding, and City's Human Services Fund ("HSF") revenues that are 70-0-21 allocated to external organizations to address the needs of the City's at -risk residents who are unable to meet basic needs or access mainstream services without assistance. WHEREAS, the City Council determines that it is in the best interest of the City to codify the functions of the new Social Services Committee into the City Code. WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, which states that the "powers and' functions of home rule units shall be construed liberally," was written with the intention that home rule units be given the broadest powers possible" (Scadron v. City of Des Plaines; 153 111.2d 164). WHEREAS, pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such broad and general grant of authority complementing the City's home rule powers. WHEREAS, it is well -settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 III.App.3d 747(1991)) and is not subject to courtroom fact- finding (see National Paint & Coating Assn v. City of Chicago, 45 F.3d 1124 (1995)). NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Title 2, Chapter 6 "Mental Health Board" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: -2- 70-0-21 The nurnese of the nAontal Health Q^ard ("BoaFd") is to nroteat and Prernote the mental Health ... � v w N. vavva aw. .aw r. v. health and w are ton resin The o rrl revieu.s eniine eanr,-a,Teel#-e#I-�'+aa�„,�,QD►s--r,�e �4,rr PFE)ylders req yes}inn grants from the Gity of Cvanst H entines Fund and r.....,w.,.a....yawa,a,a.yy y�aw..aaa nv..r u.a.. £3n Human S develops fund reoomrraenrlations that addFess the needs of the /aifi.'r S ,,.,,..,r., ......,. .a.a,v�.....v..awawa.a,.. � at ri.rl4 resits a�ihe are unable to meet haslo needs or aonass instream sePiioes wotho� �t as�sstaannooG_ PV'1"rG CT�RTILfOTGZV-rTTriGTVGTJTIiTrGLVJ^VTgQQv JJ m�ATJTI"G'Ci1TTa�ri r-Y76G J"VPTCT'IVgTQ.7 deWiGes-isan include, but are not limit d to• treatment for mental health. treatment for �crur ev�crccrcrrrcrrc-rorrrrcrTct?YyYCatm � crcTta-rrcnlTvr swbstanne abuse issues, and aoness to badhuman needs. The Bea - 3nJ&,c � •r->.�uv�.v���[.r.[.a iv:��:r-�::7 �:ar - 3�i7.7�L��i�T'[.T.3 : s or use af-o-inn3bis, or developmental dicabilifero,:_ No ■ DepartmentgutctanGe Abuse, the WiRois +_FamilY SeR4%s, BeaFd �^ r are anPeinted to fee r (4) year terms• by the Mayor with the arlviae and m�ery G..� ...�..rv...waw w .yaw �T� yv src may sewe far not mere than fide (2) fell terms (A)Ertublish annual funding Priorities fer seniines nrl PreieGts that ddFess the �.� .,............. rn��rrcru-� ror�ci v �oc,� o� �o-�"-v�r�-rrn�ta-.[ Heeds--ef at ri:.rLi riff, residents -- aad =_-w-d. _ ADOPTION OF DLI ES, SELECTION OF A CHAIRPERSON. -3- 70-0-21 - • r CHAPTER 6 - SOCIAL SERVICES COMMITTEE. 2-6-1. - PURPOSE. The Citv Council establishes a Social Services Committee ("Committee") to act in an advisory capacity to the Citv Council on matters that relate to needed social services and the use of federal Communitv Development Block Grant fundina Public Services ("CDBG-PS") and Emerqencv Solutions Grant ("ESG") funds, and Citv Human Services Funds ("HSF") and any other funding source that Citv Council deems appropriate to address primarilv the needs of Evanston's low and moderate residents. The Committee is responsible for recommending fundinq for services and proarams that address a broad ranqe of needs including, but not limited to: case manaqement services: mental and phvsical health care: substance abuse treatment: childcare and out of school programs: iob trainina and placement: leaal services: access to healthv food: outreach and drop -in services for homeless persons, homeless shelter operations, domestic violence services: rent assistance and homeless prevention services; and transportation services. Recommendations of the Committee will ao to the Human Services Committee and then to the Citv Council, as with its predecessor. the Mental Health Board. 2-6-2. - MEMBERSHIP. The Committee consists of nine (91) members who serve without compensation and reside or work in the Citv of Evanston. In appointina committee members. the Mavor will consider knowledge, familiaritv. and/or experience in nonprofit manaaement. health, employment, childcare, education, leqal and other needed services. and communitv outreach and engagement. The members must consist of the followina: A. Two (2) Council members. B. Two (2) members who have lived experience with the tvpes of services funded. C. Five (5) at -large members. A member may meet more than one qualification. No member may be a full-time or part-time emplovee of the Citv of Evanston. or own or work for anv aaencv, facilitv. or service that receives CDBG. ESG. HSF or anv other fundinq overseen by the Committee on behalf of the Citv of Evanston. -4- 70-0-21 2-6-3. -TERM. Council members are assiqned by the Rules Committee to four (4) vear terms. Non - Council Committee members are appointed by the Mavor to three (3) vear terms with the advice and consent of the Citv Council. Non -Council Committee members may serve for not more than two (2) full terms. 2-6-4. - POWERS AND DUTIES. In carrvinq out its responsibilities, the Committee shall have the following specific powers and duties: A. Establish annual fundinq priorities for services and programs that address the needs of at -risk residents who are unable to access basic needs or mainstream services without assistance for review and approval by the Human Services Committee: B. Evaluate applications, prioritize, and recommend fundinq allocations to the Human Services Committee and Citv Council for services and proqrams that advance the priorities set forth by City Council to improve the health and wellbeinq of Evanston's low and moderate residents: C. Ensure that funding is prioritized for services and proarams that enable low and moderate -income residents, particularly those with complex needs who are unable to access basic needs or mainstream services without assistance, to maintain stable housina and achieve economic self-sufficiencv for themselves and their families bv: a. Providinq access to a broad ranqe of services includinq but not limited to case management: education and iob training, financial literacy, childcare and out of school programminq, physical and mental health services, and leqal assistance b. Addressinq the immediate or urqent needs of residents to cope with specific, limited -time hardships or unaddressed needs that prevent further destabilization, or triaae individuals/households in crisis and connect them to more comprehensive services. as needed D. Monitor the proaress and impact of services and programs provided by aqencies receivinq Citv fundinq: E. Conduct periodic reviews and assessments of communitv needs using input from residents and stakeholders such as Evanston Cradle2Career. -5- 70-0-21 School Districts 65 & 202. and Citv of Evanston staff in Health and Human Services, Parks and Recreation, Police and Fire department, and F. Perform such other acts as may be necessary or proper to carry out the purposes of this Chapter. 2-6-5. - ADOPTION OF RULES: SELECTION OF A CHAIRPERSON. The Committee must annuallv elect a Chairperson from among its members. The Committee must also develop and review bvlaws, rules and regulations necessary to exercise its responsibilities on a periodic basis, and adopt new work plans annuallv. SECTION 2: Title 2, Chapter 14 "Housing and Community Development Act Committee" of the City Code, is hereby deleted as follows: _s ■_NMI ■- - - ■-I law ■t - 040 MEM- - - .. (G)-9ae1) ut large member 2-14-3. - TERK M 70-0-21 ■ ■ • \ ■ Icir,1 (r) Meniter progress of reninients (Gity Departments-and Ron PrafFt Sbgrantees)i ' and • • r 2. AddreoG Reeds of -Gat -risk Cc �vaRStOn resi.JenS ��iury the . ble to aGGess �vv v basin needs er mainstream ser�iiees with -cut arras a ee Needs innl� de 77LrJJTOTfri Reeds ��T1llLIlTTJCI rigTTT-.7 .. G+t QJJ�JtGn , feed, Ghild f 6GhGE)1 time aGtivities, legal ssictar se, r uppgrtiye hel lsinn, and ease SECTION 3: Title 2, Chapter 15 "Citizens Police Review Commission" of the City Code, is hereby amended as follows: CHAPTER 4514 — CITIZENS POLICE REVIEW COMMISSION 2-1514-1. - PURPOSE. The Citizen Police Review Commission is established as a subcommittee for the City's Human Services Committee, for the following purposes: -7— 70-0-21 (A) To promote public confidence in the professionalism and accountability of the City of Evanston's Police Department through unbiased review of the investigation of citizen complaints, thoughtful policy recommendations; (B) To add a citizen perspective to the evaluation of citizen complaints; (C) To provide a timely, fair and objective review of citizen complaints and the manner which they are investigated; and (D) To provide a systematic means to achieve continuous improvement in citizen and police interactions. 24514-2. - MEMBERSHIP; QUALIFICATIONS FOR MEMBERSHIP. The Commission consists of nine (9) members who serve without compensation and are residents of the City of Evanston. The members must include the following: (A) All members must possess a reputation of fairness, integrity and a sense of public service. (B) No current elected official, City employee or family member of any City employee may serve on the Commission. (C) The appointments shall reflect community diversity, including all nine (9) wards, income levels, ethnicity, age, gender and experience. (D) Members must commit to attending meetings regularly and participating in other initiatives of the Commission. 24614-3. - TRAINING AND ORIENTATION. (A) The City Manager's Office, in coordination with the Chief of Police, shall develop written standards for orientation, training and continuing education for the Commission members. (B) All appointees must complete the initial training and orientation before the first formally convened meeting. (C) Training may include police ride -along and firearms simulator training. 24614-4. - TERM. (A) Commission members are appointed to three-year terms by the Mayor with the advice and consent of the City Council after the initial appointments for staggered terms. No member may serve more than two (2) terms. 70-0-21 (B) The terms of the initial appointees shall be staggered as follows: 1. Two (2) persons shall serve a one-year term. 2. Three (3) persons shall serve a two-year term. 3. Four (4) persons shall serve a three-year term. 2-1-514-5. - POWERS AND DUTIES.. (A) The purpose of the Commission's review shall be to determine if the completed internal investigation, prior to any final decision on discipline made by the Chief of Police, is complete, thorough, objective and fair based on: 1. The thoroughness with which each allegation has been investigated. 2. The extent to which witnesses and/or persons known to have information, knowledge or evidence pertaining to the allegation(s) were contacted or interviewed. 3. The manner and tone in which interviews were conducted with the complainant, witnesses, involved officer/employees and other persons having knowledge relating to the allegations. 4. The process of seeking, collecting and maintaining evidence pertaining to the investigation. 5. The findings determined by Office of Professional Standards (B) The Commission may review a copy of the citizen complaint, a transcript of any interviews conducted, and the final report prepared by the Office of Professional Standards relating to the investigation provided as follows: 1. The identity of all parties to the Complaint shall remain anonymous, including but not limited to the Complainant and the accused officer/ employee. 2. Access to certain information may be restricted in conformance with applicable laws. (C) The Commission may view videos of the incident as necessary in closed session. (D) The Commission shall provide a written report summarizing its findings upon completion of its review of a completed investigation and the Office of Professional Standards findings to the Chief of Police. M 70-0-21 (E) The Commission will provide an annual overview to the Human Services Committee of complaints reviewed and findings of the Commission. (F) A representative of the Police Department command staff assigned by the Police Chief to the Office of Professional Standards shall be present during the review to answer questions, provide explanations or provide other assistance if needed. (G) Pursuant to the Collective Bargaining Agreement, only the Police Chief and the City Manager are empowered to impose discipline. 24614-6. - RULES; SELECTION OF A CHAIRPERSON. (A) The Commission must annually elect a Chairperson from among its members. (B) The Commission must adopt rules and regulations necessary to exercise its responsibilities. (C) Meetings shall be held in conformance with the Open Meetings Act. (D) The Police Chief or the City Attorney may request a suspension of the review if there is a separate criminal investigation underway or if civil action against the City is threatened, underway or pending. 24514-7. - MEMBER RESPONSIBILITY. (A) Members shall conduct themselves in a manner that maintains public confidence in the integrity of the Commission. (B) Members shall refrain from making any comments outside of the committee meetings regarding any pending complaint or investigation. (C) A member shall recuse him or herself from deliberations in which he or she has a personal, professional or conflict of interest of any nature. (D) A violation of any of these provisions may be grounds for immediate removal from the Commission by the Mayor. SECTION 4: Title 2, Chapter 16 "Zoning Board of Appeals" of the City Code, is hereby amended as follows: CHAPTER 4615 — ZONING BOARD OF APPEALS 24615-1. -APPOINTMENT, COMPOSITION, TERMS. ~10— 70-0-21 (A) The Mayor shall appoint seven (7) Evanston citizens to serve as regular members of the Zoning Board of Appeals, subject to confirmation by the City Council. (B) All appointed regular members of the Zoning Board of Appeals shall serve as such without compensation. (C) Appointments of regular members shall be for five (5) years and they may be reappointed for an additional term. (D) An appointment by the Mayor, subject to confirmation by the Council, to fill a vacancy in an unexpired term shall be for the remainder of the term. Thereafter, that member shall be eligible for appointment for two (2) full terms. (E) When a regular member of the Zoning Board of Appeals has been unable or has failed to attend meetings during a consecutive period of four (4) months, such absence shall be construed, after notice to the member thereof, as a resignation from the Commission. A vacancy thus created shall be filled as in the case of other vacancies. 24615-2. - RULES; SELECTION OF CHAIRPERSON. The responsibilities of the Zoning Board of Appeals are as outlined in Section 6-3-1-4 of the City Code. The Zoning Board of Appeals shall establish its own rules of procedure that do not conflict with Section 2-1-615 of the City Code. The Board shall annually elect a Chairperson from among its members. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. -11- 70-0-21 Introduced: June 14 Adopted: June 14 Attest: Stephanie Mendoza, City Clerk , 2021 Approved: , 2021 'n 6.21 , 2021 Nanzd 46cJJ Daniel Biss, Mayor Approved as to form: ../✓icA'I. r 6. COMM, g t Nicholas E. Cummings, Corporation Counsel -12-