(1) Research, analyze, and disseminate information about activities and programs to eliminate prejudice, intolerance, bigotry, and discrimination.
(2) Conduct educational and other programs to promote equal rights and opportunities of all persons regardless of race, color, religious creed, ancestry, national origin, sex, age, marital status, disability, sexual orientation, gender identity, genetic status, presence of children, family responsibilities, or source of income.
(3) Promote goodwill, cooperation, understanding and human relations among all persons.
(4) Cooperate with interested citizens, racial, religious, and ethnic groups; and community, business, professional, technical, educational, and civic organizations.
(5) Cooperate with the County Executive and all governmental agencies on matters within the Commission’s jurisdiction.
(6) Study and investigate, through public or private meetings, conferences, and public hearings, conditions that could result in discrimination, prejudice, intolerance, or bigotry because of race, color, religious creed, ancestry, national origin, sex, age, marital status, disability, sexual orientation, gender identity, genetic status, presence of children, family responsibilities, or source of income.
(7) Advise county residents, the County Council, the County Executive, and the various departments of County, State, and federal governments about racial, religious, and ethnic prejudice, intolerance, discrimination, and bigotry and recommend procedures, programs, and laws to promote and protect equal rights and opportunities for all persons, regardless of race, color, religious creed, ancestry, national origin, sex, age, marital status, disability, sexual orientation, gender identity, genetic status, presence of children, family responsibilities, or source of income.
(8) Work to eliminate discrimination, prejudice, intolerance, and bigotry in housing, recreation, education, health, employment, public accommodations, justice, and related matters.
(9) Initiate and receive complaints of discrimination, prejudice, intolerance, and bigotry from any person or group because of race, color, sex, age, marital status, religious creed, ancestry, national origin, disability, sexual orientation, gender identity, genetic status, presence of children, family responsibilities or source of income, that deprives that person or group of equal rights, protection, or opportunity in employment, real estate, and public accommodation. The Commission must:
(A) approve any conciliation agreement before the agreement is enforceable as an order of the Commission;
(B) appoint a case review board under Section 27-2(b) and (c) to consider and decide a complaint certified to the Commission under Sections 27-7(f)(2) or (g)(4), and
(C) take any other action necessary to resolve a complaint under this Article and any other applicable law.
(10) Keep a record of the Commission's hearings and activities and minutes of all other meetings. The Commission is a public body under the State Public Information Act and Open Meetings Act.
(11) Provide to the County Executive and County Council:
(A) a quarterly written or oral report of Commission activities and recommendations within 30 days after each calendar quarter; and
(B) an annual written report summarizing Commission activities, goals, needs, and recommendations promptly after each calendar year.
(C) by March 1 of each year, an annual written report, compiled by the Office of Human Rights, for the preceding calendar year detailing the number and type of housing discrimination complaints received under this Section, including the age, gender, and race of the complainant, the area where complainant resides, the decision of the Commission, and the type and amount of the penalty imposed. This report must also identify overall lending patterns in the County for prime and subprime loans as compiled from Home Mortgage Disclosure Act and Fair Housing Administration data. This report must be separate from the Commission’s annual report.*
*Editor’s note—Subparagraph (C) of Sec. 27-5(a)(11) was added by 2005 L.M.C., ch. 29, § 2 (Bill 36-04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36-04 “null and void” by order dated 11/30/06.
(12) Issue any other regulations under method (2) necessary to carry out this article.
(b) If the County Executive does not object, the Commission may conduct additional programs to relieve group tension or adverse intergroup actions resulting from causes other than race, color, sex, religious creed, ancestry, national origin, age, marital status, disability, sexual orientation, gender identity, genetic status, presence of children, family responsibilities, or source of income.
(c) Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations. (Mont. Co. Code 1965, § 77-5; Ord. No. 6-56; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 1974 L.M.C., ch. 19, § 1; 1977 L.M.C., ch. 30, § 1; 1978 L.M.C., ch. 6, § 2; 1984 L.M.C., ch. 24, § 30; 1984 L.M.C., ch. 26, § 4; , § 3; 2001 L.M.C., ch. 9, § 1; , § 2; , § 2; , § 1; , § 1; , § 1.)
Editor's note—
Section 27-5 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008). The above section is mentioned in Broadcast Equities v. Montgomery County, 123 Md. App. 363, 718 A.2d 648 (1998), vacated,Montgomery County v. Broadcast Equities, Inc., 360 Md. 438, 758 A.2d 995 (2000) (Broadcast Equities, Inc. failed to exhaust its administrative remedies before the Human Relations Commission). The above section is interpreted and applied in Holiday Spas v. Montgomery County Human Relations Commission, 70 Md. App. 344, 521 A.2d 340 (1987). See County Attorney Opinion dated discussing the extent and limits of the Commission on Health’s authority. See County Attorney Opinion dated indicating that sponsorship of a community dialogue on faith and understanding would not violate the Establishment Clause of the First Amendment to the Constitution, because the program would not advance or inhibit religion.
2000 L.M.C., ch. 36, §§ 1, 2, 4 and 5, read as follows:
Sec. 1. Short Title. This Act may be cited as the Genetic Information Employment Rights Act of 2000.
Sec. 2. Findings. The County Council finds that:
(a) Genetic status can be used as a proxy for otherwise illegal grounds for discrimination, such as discrimination based on religion, race, nationality, sex, or age, providing a loophole in employment protections previously guaranteed by County law.
(b) The threat of discrimination in employment based on the actual or perceived genetic status of an employee (including an applicant for employment) discourages genetic testing that could prevent or reduce disease or disabilities, provide peace of mind for individuals at risk for certain genetic conditions, and improve medical knowledge through genetic research.
(c) Montgomery County, as home to the Human Genome Project of the National Institutes of Health, the Food and Drug Administration, Celera Genomics, and other public and private institutions at the cutting edge of genetic research, is an international center for the discovery of genetic knowledge to improve public health and welfare that depends on clinical research volunteers who live and work in the County.
(d) Other than an Executive Order protecting federal employees, federal, state, and local employment laws generally have not kept pace with recent, rapid advances in genetic testing and therapies.
Sec. 4. Regulations. All County regulations in effect when this Act becomes law [March 21, 2001] continue in effect, except that any reference in a regulation to employment discrimination includes discrimination based on genetic status, as provided in this Act. Within 120 days after this Act becomes law [March 21, 2001], the County Executive and the Human Relations Commission must submit to the Council, for approval under method (2), any amendments to their respective regulations necessary to implement this Act.
Sec. 5. Public Education Program. The Human Relations Commission must, within 90 days after this Act becomes law [March 21, 2001], propose to the County Council and County Executive a public education program to inform employers, employees, genetic research and testing organizations, and the general public about County law regarding employment discrimination based on genetic information. In developing the proposed program, the Commission should consider the advice of employee and employer groups, genetics researchers, human rights organizations, and other interested individuals and organizations. This Section does not limit any authority or duty of the Commission under Chapter 27 of the County Code.
The above section is mentioned in Broadcast Equities v. Montgomery County, 123 Md. App. 363, 718 A.2d 648 (1998), vacated, Montgomery County v. Broadcast Equities, Inc., 360 Md. 438, 758 A.2d 995 (2000) (Broadcast Equities, Inc. failed to exhaust its administrative remedies before the Human Relations Commission). The above section is interpreted and applied in Holiday Spas v. Montgomery County Human Relations Commission, 70 Md. App. 344, 521 A.2d 340 (1987).
Section 27-5, formerly § 27-6, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
Former Section 27-5, relating to compensation and expenses of members of the commission on human relations, was repealed by FY 1991 L.M.C., ch. 9, § 1. The section was formerly derived from Mont. Co. Code 1965, § 77-4; Ord. No. 6-56; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; and 1977 L.M.C., ch. 30, § 1. See § 2-145.
