OCRE is responsible for the implementation of King County's "Civil Rights" ordinances intended to prohibit discrimination in unincorporated King County. OCRE's primary function is to assist individuals in filing complaints and resolving cases through mediation, investigation, and/or conciliation.

The 1989 audit found substantial problems in the timely completion of civil rights complaint cases under investigation. The primary concern was over the cases backlogged from previous years. The 1989 audit found 42 backlogged "fair employment" cases that ranged in age from 9 1/2 to 46 months, with an average age of 19 months. Similarly, 6 backlogged "open housing" cases were found, ranging in age from 16 to 52 months, with an average age of 34 months. Moreover, the previous audit found that many of these case files lacked any indication of recent investigative activity.

This study analyzed the "age of cases" statistics as of year-end (December 31) 1994, 1995, and 1996, and also for April 30, 1997. The study found that the age of cases, particularly the "fair employment" cases, remains significant. As of April 30, 1997, there were 45 unresolved "fair employment" cases, ranging in age from 1/4 month to 47 3/4 months, with an average age of 24 months. The 18 unresolved "open housing" cases ranged in age from 1/2 month to 22 1/4 months, with an average age of 10 months.

However, audit staff found some indicators which appear to show that the case resolution rate is improving and, concurrently, the average age of unresolved cases is declining. Additionally, audit staff noted some mitigating factors which may have contributed to delays in investigating and/or resolving cases filed with OCRE.

• There were substantial increases in the number of new cases filed.
• OCRE lost all three of its veteran investigators during late 1994 to early 1995 due to resignations and a loss of grant funding. Due to hiring delays, OCRE was not able to fill its authorized staffing level of three (3) investigative FTEs until early 1997.
• Despite the increased caseload and staff turnover, it appears that OCRE has dealt adequately with the resolution of complaint cases.
• The "age of cases" data represents the case resolution process which included more than just the time period for the active investigation of complaints. Some other factors involved in the case resolution times include an appeal to the Hearing Examiner, a period for further review and investigation when reconsideration of a finding is requested, and lack of timely response from the complaining party and/or the respondent.
• Based on a survey of five Human Rights investigative agencies in the area, the workload data appeared to be comparable to other agencies in "open housing," though higher in "fair employment" statistics. However, with the current full staffing level, OCRE appears to be showing improving trends.

Finding 2. The County's civil rights-related code and ordinance provisions need to be revised to achieve consistency and to eliminate outdated references.

The study found some inconsistencies among the three (3) King County "Civil Rights" ordinances. For example, "open housing" and "public accommodations" ordinances prohibit discriminatory acts based on parental status, but such prohibition is not afforded in the "fair employment" ordinance. Similarly, discrimination based on ancestry is prohibited by the "fair employment" ordinance, but not by the other two ordinances. Furthermore, retaliation is specifically prohibited in "fair employment" and "open housing," but not in the "public accommodations" ordinance. The study also noted that two of the ordinances contain a number of outdated references with respect to the Code's administrative responsibilities.

The audit recommended that OCRE review the civil rights ordinances to identify inconsistencies among civil rights protection afforded under the County's laws and, if considered appropriate, the Executive should propose amendments to the current ordinances. The study further recommended that OCRE review the civil rights ordinances to identify the outdated references and propose necessary revisions.

Finding 3. OCRE has developed adequate internal policies and procedures. However, further enhancement of some procedures should be considered.

The study found that OCRE has revised and updated its written procedures since our 1989 audit, which appear to adequately address most of the case investigation and resolution processes. The current procedures provide details and definitions and are supplemented by a flow chart of their procedures and a checklist, all of which appear to ensure that work is done completely and in a consistent manner. However, in audit staff's opinion, a major shortcoming in OCRE's written procedures is still a lack of a more effective case management system which should address guidance on timeliness of the investigative and case closure processes for all of its cases, including "time to close" guidelines and "milestones."

The audit recommended that OCRE consider developing and implementing a more effective case management system. The study further recommended that OCRE compile the various procedures, flow charts, checklists, example worksheets, etc. into a "procedures" manual.

Updated: 06/24/02