Following a special meeting held on June 10, the East Lansing Human Rights Commission plans to request that a committee be formed to review the “sweeping structural changes” to the HRC ordinance proposed by the East Lansing City Council last month.
The proposed amendments to ordinance 1578 would strip the commission of investigative powers that it has held for over 60 years.
Notably, the revisions would also protect the City of East Lansing, and all its departments and officials from any complaints filed against them by the HRC. The revisions propose that instead, complaints against these individuals should be filed with the Michigan Department of Civil Rights or the Equal Employment Opportunity Commission or the courts.
At the Wednesday meeting, Tina Farhat, vice chair of the HRC, said that residents who file complaints need the confidence that their concerns will receive a meaningful review.
"Young people, students, and members of historically marginalized communities are less likely to come forward if they believe local oversight mechanisms have been weakened,” Farhat said. “A civil rights process should not only exist on paper, it should be accessible, visible, and trusted. Moving every significant matter to state agencies may create additional barriers for residents who are seeking local avenues for resolution.”
EL City Attorney Steven Joppich argued that independent HRC investigations into city staff violate the city charter.
EL City Council also argues that it cannot grant judicial powers to its commissions because it doesn’t possess them itself. The council also cited a 1978 Michigan Attorney General opinion in support of its explanation of the matter.
Commissioners of the HRC highlighted their concerns about a subsequent amendment that would prohibit the HRC from taking action on complaints against city contractors, and institute that they be forwarded to the EL City Council and City Manager instead.
Commissioner Rebecca Kasen feels that this would create a special exception for businesses or contractors who have agreements with the city and could have implications for some potentially unexpected parties as well.
She explains that, for example, a landlord may be renting space to the city or giving space to the city, but also has student housing or rental housing.
