The East Lansing City Council unanimously passed the proposed amendments to the Human Rights Ordinance during its June 16 meeting.

HRC members and community members called for a delay in the council’s vote on the ordinance revisions that would strip the commission of investigative powers it had held for over 60 years. 

Under the amended ordinance, the HRC would instead have the limited power to receive complaints, review them, evaluate them based on the information presented and hear from both the complainant and the respondent at public hearings and consider evidence.

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, the Equal Employment Opportunity Commission, or the courts.

At the meeting, Carlito Young was introduced as the new lead City Attorney, taking over for Steve Joppich, who held the role for the past year. Young was present at the meeting to answer questions from the council about the ordinance changes.

After reviewing the ordinance for potential conflicts with state and federal law, including the delegation of judicial authority, due process and standards of review, Young’s office said that the original ordinance unlawfully bestowed the HRC with judicial powers. This information was outlined in a summary document for the East Lansing City Council at its May 26 meeting, Young said.

The East Lansing City Council does not have judicial power, according to the city attorney; therefore, it cannot extend judicial powers to its commissions. The council and attorney cited the need to comply with state laws in what some refer to as a “rushed” amendment adoption.

The ordinance amendment explains that although the granting of the HRC’s judicial powers happened decades ago, “the HRC has not, until now, endeavored to exercise those powers in a significant way, which has brought the issue to light.”

These changes come after the commission undertook a significant review involving the East Lansing Police Department. The HRC recently reviewed an incident where ELPD pepper-sprayed two Black men on campus during welcome week in August.