Delaware County Council creates human relations commission. How it will work is still up in the air

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Delaware County Council tabled a proposed law that would have established and empowered a human relations commission to mediate discrimination complaints.

The five-member council instead unanimously passed a resolution Wednesday to create the commission which pushes Delaware County in the same direction — but in a much slower fashion.

The establishment of a newly-created government body is mostly a symbolic first step until the county formally passes an ordinance defining its procedures and scope.

“I don’t want anyone to interpret this as any kind of action or retrenchment from at least my desire to have this commission in place,” Councilmember Elaine Paul Schaefer said at the meeting. “Instead, it’s quite the opposite. We care so deeply about this that we want to do it right.”

Council first introduced the human relations commission as an 18-page ordinance Aug. 20. Supporters and opponents of the proposed legislation flooded the subsequent Sept. 3 Council meeting with passionate testimony.

Much of the same attendees reappeared Wednesday to reaffirm their stance on the commission during public comment. Kyle McIntyre, of the Upper Darby-based social justice group UDTJ, was unfazed by the council’s decision to slow-walk the process. He described it as a “momentous occasion.”

“The goal is that Delaware County has the strongest and best possible ordinance that we can deliver,” McIntyre said. “And sometimes that takes a little bit longer, but that doesn’t mean we can’t walk and chew gum at the same time.”

Opponents of the resolution still criticized the commission as unconstitutional and redundant, and reiterated concerns that it could present costly legal challenges to the county.

“I can’t believe you’re going to appoint people that can hand out fines and subpoenas,” said Gary Ryder, of Marple Township. “That’s totally unfair and unconstitutional. What’s next? Our religion? You going to take our religion away from us too?”

What’s next for the human relations commission?

Following the Sept. 3 meeting, the county council made a number of revisions to the ordinance that would require the legislative process to restart.

While council members stated their commitment to getting this to the finish line, they said they shared some of the concerns raised by residents.

“For me, one issue that needs to be addressed is the redundancy,” Schaefer said. “I feel we need to avoid duplicating rights that are already protected and that residents can already see redress for at the state level.”

Vice Chair Richard Womack said he looks forward to redrafting the ordinance, but he also has a worry that he hopes to address during the process.

“I have been leading up the budget task force, so I just want to make sure it is done cost effectively as well,” Womack said.

Delaware County is far from the first jurisdiction to establish a human relations commission. The Pennsylvania Human Relations Commission enforces state laws that prohibit discrimination and the Philadelphia Commission on Human Relations serves a similar purpose.

The Montgomery County Board of Commissioners recently voted to create a commission. Delaware County will be making more changes to its initial ordinance before reintroducing.

It’s unclear when that will happen.

“It is important that we all have a shared expectation about what’s within the scope of this ordinance and what isn’t,” Councilmember Christine Reuther said.