Report: Human rights group cited for numerous missed deadlines

The state Commission on Human Rights and Opportunities missed deadlines to process discrimination complaints, failed to review affirmative action plans in a timely manner and didn’t keep track of assets, state auditors concluded in a report released Wednesday.

The agency was also faulted for not posting minutes of meetings of the Martin Luther King Jr. Holiday Commission, which offers recommendations for observance of the federal holiday and is overseen by the CHRO.

The CHRO presides over complaints regarding discrimination and rights violations, monitors state contractor compliance with affirmative action requirements and provides educational programs on equal rights law.

Missing deadlines

State auditors reviewed 110 discrimination cases and found 58 hearing conferences, or 53 percent of the total, were not convened within the statutorily required 45 days, according to the audit, which covered fiscal years 2021 and 2022.

“The failure to promptly convene a hearing conference delays the investigation and prolongs the subsequent resolution of the contested discrimination case,” auditors noted.

CHRO blamed the oversight on the COVID-19 pandemic.

“The audit period covered FY 2021-2022, therefore, it is prudent and necessary that an explanation be included in the audit report indicating that during this time period, [the Office of Public Hearings] was in the midst of the pandemic and the chief referee retired,” the agency said in its response.

Auditors also faulted CHRO for missing deadlines to serving complaints to those accused of discrimination. A review of 21 discrimination complaints found the agency was late in serving respondents by between 15 days and 60 days.

The auditors also found that in 18 discrimination cases, a final determination was made between 31 days and 389 days past the statutory deadline.

“The failure to promptly process complaints delays the investigation and the potential issuance of a finding of reasonable cause,”

auditors said. “This places a burden on all parties, particularly the complainant who alleged discrimination.”

The agency blamed the pandemic and the need to learn new technology.

CHRO said “it is worth mentioning that these cases were all handled in the early days of the pandemic (all but two of the affidavits were dated between July 2020 and December 2020) when we were grappling with new technology, a new Microsoft TEAMS platform, how to use technology remotely, and an international pandemic of unknown proportions. It is

hard to determine if any of those factors had a bearing, but it is safe to say that they may have.”

Affirmative Action plans

The auditors found CHRO did not track dates when it approved or disapproved state contractor affirmative action plans, one of its core functions. The plans must be approved or rejected within 120 days of submission, auditors pointed out.

“This may delay the issuance of certificates of compliance to contractors and impede their eligibility to bid on or be awarded contracts,” the audit said.

CHRO promised to do a better job reviewing the plans. “The CHRO will begin

to track the date that affirmative action plans submitted by contractors are approved or disapproved, in accordance with statutorily required timelines,” the agency said.

Failure to post minutes

The audit noted all public agencies are required to make minutes of meetings available to the public, usually by posting the document on their website. The audit found CHRO did not provide minutes for four of 22 MLK commission meetings, failed to post minutes on its website and did not place meeting notices on the Secretary of State’s public meeting calendar.

CHRO also did not submit a 2021 annual report to

the governor’s audit added.

“The absence of posted meeting notices, minutes, agendas and annual reports could leave interested parties uninformed about the commission’s activities,” auditors pointed out.

In response, the commission promised to do a better job complying with the requirements.

“The CHRO has designated its IT chairperson and team to assist the MLK Holiday Commission with posting its minutes, agendas and other activity on the CHRO website with its own designated section,” the agency said in response. “The CHRO purchased a laptop and printer on behalf of the MLK Commission (using funds from

office, the

the Administrative Services Division) that have been assigned to the Chair of the MLK Commission.”

Inventory failures

Auditors concluded CHRO failed to indicate whether it had conducted an inventory of its physical assets since 2009, had not changed the value of assets between 2017 and 2021 and failed to record $256,435 in purchased assets between 2017 and 2022.

“When agencies do not record equipment purchases, conduct complete physical inventories, and maintain comprehensive inventory records, they are more likely to inaccurately report assets, resulting in an increased risk of loss of state property,” auditors

said.

The agency said it will “refresh” its asset management policies.

“CHRO has endeavored to develop an agency refresh policy and has developed a sophisticated excel report to track and maintain the inventory by unit/ division/employee, type of device/equipment, funds used to purchase and dates of assignment/purchase/ receipt,” the agency said.

“All equipment is purchased and processed through strict state protocols and must be subjected to a series of different levels of approvals. These protocols are coordinated through the Department of Labor via Memorandum of Understanding,” CHRO said.