Department of Human Rights and Equal Economic Opportunity

Saint Paul Administrative Code tit. I, ch. 11

in effect

Saint Paul Administrative Code § 11.01 Creation; head of department; authority generally; power to prescribe rules and regulations; responsibilities; human rights and equal economic opportunity commission

Sec. 11.01. - Creation; head of department; authority generally; power to prescribe rules and regulations; responsibilities; human rights and equal economic opportunity commission (a) Creation of the department. There is hereby established an executive department of the city to be known as the department of human rights and equal economic opportunity. (b) Director. The head of the department of human rights and equal economic opportunity shall be a director. On a day to day basis the director shall be accountable to the mayor and, subject to the mayor's supervision, shall administer the affairs of the department. The director shall also report to the human rights and equal economic opportunity commission as required by chapter 183 of the Saint Paul Legislative Code. (c) Director authority. The director shall have general authority and control over all the department staff and shall oversee the proper fulfillment of all tasks and duties assigned to the department. The director has the authority to enforce ordinances as delegated by the Legislative Code. Enforcement may be by any remedy available by law. (d) Power to prescribe rules and regulations. The director shall have the power to prescribe such rules and regulations as deemed necessary or expedient for the proper operation of the department and to that end shall keep informed of the latest administrative practices. (e) Authority to designate deputies and other assistants. The director may appoint up to three deputy director positions. The director may designate, with the approval of the mayor, an employee of the department to perform the functions and duties assigned to the director by law during the absence or disability of the director. This employee may be a deputy director or a manager of one of the functions of the department. The director shall appoint one deputy director to administer the requirements of chapter 183. (f) Powers and duties with respect to department personnel. The director shall have the power and duty to take all personnel actions, including hiring, assigning and reassigning employees, including supervisory personnel, within the department and shall supervise their performance. (g) Appointment and term of office. The director shall be appointed by the mayor with the approval of the council, and shall be in the unclassified service of the city. The director shall continue in office for terms of three (3) years from the expiration of the director's prior terms, each subsequent term subject to reappointment. (h) Commission assessment and recommendation. In conjunction with the director's three-year term, the human rights and equal economic opportunity commission shall conduct an extensive assessment of the performance of the department under the director. Prior to one hundred twenty (120) days from the expiration of the director's term, the commission shall recommend to the mayor whether the director should be reappointed. (i) Termination of incumbency. The mayor may, not more than ninety (90) days nor less than sixty (60) days before the end of a specific term, determine to terminate an incumbency on the expiration date of that specific term. (j) Reappointment and vacancy. The mayor initiates the reappointment process by submitting to the council in writing the mayor's reappointment decision. If the mayor elects to reappoint then the mayor shall submit the written request recommending the reappointment to the council for approval or rejection. Failure of the council to act within thirty (30) days from the date the mayor's written reappointment was delivered to the council shall result in an automatic reappointment of the director for an additional term. If the mayor decides not to reappoint or the council rejects the reappointment then the director position shall be vacant either at the end of the term or, immediately, if the term has expired. (k) Interim director. In any case when a vacancy occurs, the mayor shall appoint an interim director. The mayor and council shall pass an ordinance to create a community advisory committee to advise the mayor on the selection of the new director. The committee shall immediately arrange for an examination to determine eligible persons to fill any vacancy and make its recommendation to the mayor. (l) Removal of the director. The director may be removed prior to the completion of the three-year term in the following ways: 1. Mayor's removal. The mayor may remove the director with the approval of the council. Upon receiving a written official notification that the mayor desires to remove the director, the council by resolution must either approve or reject the mayor's removal within thirty (30) days from receiving the notification. 2. Commission's removal. The human rights and equal economic opportunity commission may remove the director with the approval of the mayor. Upon receiving a resolution approved by the commission requesting the removal of the director, the mayor must either approve or reject the commission's removal resolution request within thirty (30) days from receiving the resolution. (C.F. No. 08-896, § 1, 10-1-08; Ord 15-11, § 1, 3-25-15; Ord 17-22, § 1, 7-26-17)

Saint Paul Administrative Code § 11.02 General responsibilities enumerated.

Sec. 11.02. - General responsibilities enumerated. (a) Functions. The department's functions include: (1) Contract analysis and procurement; (2) Capacity building and workforce development; (3) Contract monitoring, investigation and enforcement; (4) Administration and enforcement of Saint Paul Legislative Code Chapter 224, Chapter 224A, and Chapter 233; (5) Administration and enforcement of such other ordinances the City Council may enact that delegate responsibility to the department; (6) Human rights enforcement and outreach. (b) HRA. The Housing and Redevelopment Authority (HRA) has duties and responsibilities that are also assigned to the department. The department shall oversee the activities of the HRA to the extent that the HRA's activities overlap with the duties of the department. (c) Responsibilities. The department shall be responsible for ensuring city compliance with, and where necessary, assume the duties and responsibilities for all of the city's affirmative action compliance and hiring on construction sites, vendor outreach program, fair labor standards, prevailing wage, living wage and business subsidy, and other areas of capacity building and workforce development. The department shall also be responsible for the enforcement of regulatory ordinances where the council has given the department such authority. The department's duties and responsibilities include but are not limited to those under federal law or federal programs governing contracts or the use of federal funds such as the Davis-Bacon acts, the Community Development Block Grant, Home Investment Partnerships Program, and section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. § 1701u]; Saint Paul Legislative Code Chapter 183 and 185; Saint Paul Administrative Code Chapters 82, 83, 84, 85, and 98; Business Subsidy Program, and Apprenticeship Opportunities Pilot Program. (d) Staffing for human rights and equal economic opportunity commission. The department shall be responsible for providing staff support for the human rights and equal economic opportunity commission. (e) Investigation and training. The director shall ensure that the department's personnel are adequately trained and experienced to carry out the department's duties and responsibilities. (C.F. No. 08-896, § 1, 10-1-08; Ord 17-22, § 2, 7-26-17; Ord. 25-54, § 2, 10-8-25)

Saint Paul Administrative Code § 11.03 Division of labor standards enforcement and education.

Sec. 11.03. - Division of labor standards enforcement and education. Within the department of human rights and equal economic opportunity, there will be a division of labor standards enforcement and education ("division"). The division has the authority to carry out the following duties: (a) Administration. Administer Chapters 224, 224A and 233 of the Saint Paul Legislative Code. (b) Communication and marketing. Create a comprehensive communications and marketing plan to reach all businesses including small, woman-owned and minority-owned businesses, that includes: (1) An onboarding toolkit with resources for businesses, such as: templates and samples for record/data keeping; rules governing wage theft, minimum wage and earned sick and safe time investigations; and checklists for business compliance; and (2) An online portal that provides employers and employees information on labor standards, onboarding materials, resources, and online report and complaint submission; (c) Community outreach. Collaborate with community-based organizations to assist with outreach and education: (1) Identify priority industries where violations are most likely to occur and develop strategic outreach, education, communication and partnerships. (2) Provide labor standards materials translated into the top languages spoken in the city according to the Limited English Proficiency (LEP) guidelines set forth by the federal government and the city's LEP Plan. The translated materials will include, but not be limited to: a. Notice posters for display at places of employment in the city; b. Applicable minimum wage rates by business size and effective date; c. The onboarding toolkit; and d. The online labor standards portal. (3) In cooperation with other city departments, actively explore city-wide opportunities and resources to help small businesses reduce costs, increase revenue, and optimize business operation to make it easier for businesses to operate within the City of Saint Paul. (d) Complaints. The department will resolve complaints efficiently and will only reveal complainant information as required by law: (1) Third party complaints. The department may investigate complaints made by a third party on behalf of an individual alleged to have been denied rights under Saint Paul Legislative Code Chapters 224, 224A or 233, even where the employee's identity is unknown to the department. (2) Referrals. Engage federal, state, local government agencies, non-governmental agencies, and relevant private entities to develop a complaint referral system alleging violations of Saint Paul Legislative Code Chapters 224, 224A and 233. (e) Budget proposals. Create an equitable budget proposal for submission to the mayor as required under Section 56.01 of the Administrative Code including plans for: (1) Staffing for the number of full-time employees necessary to complete the education, outreach, and enforcement responsibilities of the division; (2) The cost of education and outreach, including contracting with stakeholders as appropriate; (3) The cost for enforcement and operations; and (4) The cost for technical support. (f) Annual labor standards report. In conjunction with other city departments, the division will annually report to the city council regarding this section. The report must include, but not be limited to, information on the following: (1) The implementation and enforcement of this section, including the number and nature of violations, details regarding specific violations, industries and occupations with the highest rates of violations, the penalties assessed in the twelve (12) months prior to the report, and number of cases that are open and closed. (2) Recommendations for possible improvements to this section. (Ord 19-52, § 1, 8-14-19; Ord. No. 25-54, § 3, 10-8-25)

Saint Paul Administrative Code § 11.04 Labor standards advisory committee.

Sec. 11.04. - Labor standards advisory committee. There is hereby established a labor standards advisory committee. The mayor shall appoint the members of the labor standards advisory committee with the advice and consent of council. The committee will have sixteen (16) members representing Saint Paul employees, employers, and community representatives such as labor unions, trade associations, general business organizations, governmental agencies, and community organizations dedicated to labor standards advocacy. To provide for staggered appointments, the terms of the committee will be as follows: eight (8) members shall serve an initial term of two (2) years, and eight (8) members shall serve an initial term of three (3) years. After the expiration of the initial terms, all members shall serve two (2) year terms. No person may serve more than three (3) terms. Policies and procedures related to committee openings, appointments, membership, meetings, records and costs will be administered pursuant to Saint Paul Administrative Code Appendix 14. The labor standards division will assign department personnel to staff the committee. The charge of the committee will include the following: (1) Advise and support labor standards division in the development and implementation of policies, procedures, and rules related to Saint Paul Legislative Code Chapter 224 (Minimum Wage), Saint Paul Legislative Code Chapter 224A (Wage Theft), and Saint Paul Legislative Code Chapter 233 (Earned Sick and Safe Time); (2) Assess division policies and initiatives related to Chapters 224, 224A, and 233, on an ongoing basis to provide feedback on success and opportunities for improvement; (3) Recommend to the division actions it can take to improve community outreach and education efforts; (4) Assist the division with establishing new, and strengthening existing community partnerships; (5) Engage business owners, workers, and community stakeholders to gather feedback and recommendations related to current and future labor standards practices, industry-specific working conditions, and the safety and health of workers to provide to the division and to the mayor for consideration; and (6) Elect its own officers and make its own rules for the conduct of its business. (Ord 19-52, § 2, 8-14-19; Ord. No. 25-54, § 4, 10-8-25)

Saint Paul Administrative Code § 11.05 Human rights and equal economic opportunity commission.

Sec. 11.05. - Human rights and equal economic opportunity commission. In addition to the duties and obligations of the HREEO commission pursuant to Chapter 183 of the Saint Paul Legislative Code, the commission shall have the following powers: (1) Receive complaints, conduct hearings and make findings in matters related to the responsibilities of the department; (2) Uphold, or overturn civil penalties related to the enforcement responsibilities of the department; (3) Advise the human rights and equal economic opportunity director on policies of the department; (4) Make such recommendations as in its judgment will effectuate the policy set forth in this chapter. (Ord 17-22, § 4, 7-26-17; Ord 19-52, § 3, 8-14-19; Ord. No. 25-54, § 5, 10-8-25)

Saint Paul Administrative Code § 11.06 Reference to former departments.

Sec. 11.06. - Reference to former departments. Any documents containing the name of the department of human rights or the division of contract and analysis services or the minority business development and retention program shall be read to refer to the department of human rights and equal economic opportunity. Any document containing the name of the human rights commission shall be read to refer to the human rights and equal economic opportunity commission. (C.F. No. 08-896, 10-1-08; Ord 17-22, § 4, 7-26-17; Ord 19-52, § 4, 8-14-19)

Source: City of Saint Paul, Minnesota, City Charter, Legislative Code and Administrative Code (Municode Library, library.municode.com)URL: https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIIIADCO_TITIGEPR_CH11DEHURIEQECOPFetched: 11/1/2026