Chapter 82, 1975 Minnesota Laws, and Chapter 363 of the Minnesota Statutes (The Human Rights Act) Another possible statutory basis for jurisdiction is constructed by a combined reading of special legislation and the Minneapolis ordinance. A 1975 special law gives the Minneapolis City Council the "power" to: grant to any Minneapolis human rights, human relations, or civil rights commission, department, or director, any and all powers and duties which are granted by Minnesota Statutes 1974, Chapter 363, to any state human rights, human relations, or civil rights commissioner, department, or state board. Act of May 2, 1975, ch. 82, § 1, 1975 Minn. Laws 321 (not codified). Chapter 363 (the Human Rights Act) provides: [A] person aggrieved by a final decision of the department [of human rights] reached after a hearing held pursuant to § 363.071 may seek judicial review in accordance with chapter 14. Minn. Stat. § 363.072, subd. 1 (Supp.1983). If we did not apply the general requirement of statewide jurisdiction discussed above, and if a right to obtain judicial review is considered to be a "power," then the authority that derives from the 1975 special law would arguably give this court jurisdiction "prescribed by law" to hear appeals from decisions of the local agency. This interpretation fails, however, for several reasons. Minn. Stat. § 363.072 speaks of review of a decision "reached after a hearing held pursuant to § 363.071." Although the Commission's hearing is not literally pursuant to § 363.071, a functional equivalent to the statutory requirements should be sufficient. Section 363.071 incorporates by reference all of the contested case proceeding provisions of the Minnesota APA, Minn. Stat. §§ 14.57-.62 (formerly §§ 15.0418-.0422). The APA provides a complete framework designed to assure a meaningful and fair a hearing for the aggrieved party and a complete record for the appellate court. Initially, the Minneapolis Civil Rights Commission does appear to provide procedures for a sufficient hearing. The ordinance provides for a hearing on civil rights complaints "in accordance with Chapter 15 [now renumbered to §§ 14.01-.70] of Minnesota Statutes, the Administrative Procedure Act." Minneapolis, Minn., Code § 141.50(j)(1) (1982). After referring to the APA, however, the Minneapolis Code departs from the APA requirements and sets forth a separate hearing procedure that varies materially from the APA hearing *795 procedure. For example, a Minneapolis Civil Rights Commission hearing examiner need not fulfill the APA hearing examiner requirements designed to insure a neutral and objective fact-finder ("All hearing examiners shall have demonstrated knowledge of administrative procedures and shall be free of any political or economic association that would impair their ability to function officially in a fair and objective manner." Minn. Stat. § 14.48). The person presiding at a Commission hearing, in contrast, is picked from the members of the commission, Minneapolis, Minn., Code § 141.50(h), and is required to be "known to favor the principles of equal opportunity, nondiscrimination and the objectives of [the Minneapolis Civil Rights Ordinance]," id., § 141.20. Because of the different hearing procedures, a hearing before the Minneapolis Civil Rights Commission is not the literal or functional equivalent of a "hearing held pursuant to § 363.071," and therefore Ch. 82, § 1, is not sufficient to confer jurisdiction "prescribed by law" on this court to hear appeals from the Minneapolis Civil Rights Commission.

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U.S. District Court, D. Minnesota

US West Communications, Inc. v. Minnesota Public Utilities Commission · 1999 2 citations

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