COMCOR 27-26. Partnership for Victims of Hate/Violence - Regulations

Hate/Violence Incident. The term hate/violence means a criminal act occurring in the geographical boundaries of Montgomery County which is directed against persons or institutions because of their race, religion, ethnic background, sexual orientation, or handicap.

OHRC. The Office of the Human Relations Commission. This designates the Executive Director and staff as distinguished from the Commissioners who are appointed by the County Executive and confirmed by the Council.

Partnership Board. The Partnership Board consists of seven members from the private sector appointed by the County Executive and confirmed by the Council.

Partnership Fund. A County fund established to compensate victims of hate/violence for property damage. The County Government contributes $25,000 a year to the fund to the extent that funds are appropriated; in addition, the County Government will contribute $2 for every $1 of private contributions, up to an additional $30,000 a year, to the extent that funds are appropriated.

Public Accommodations Panel. A quasi-judicial panel appointed by the County Executive and approved by the County Council to hear appeals and adjudicate issues related to discrimination complaints.

Victim. A person, group of persons, organization, business, or place of worship which has suffered property loss or damage by an incident of hate/violence. Any person involved in a violation of the law at the time of the incident is not a victim.

The Partnership Fund has been established to compensate victims of hate/violence for property damage suffered as a result of hate/violence incident. Compensation under the Fund shall be made available to victims who experience harm within the jurisdictional boundaries of the Montgomery County. Compensation under the Fund is not available to public schools or to public institutions which already have provisions to cover expenses related to property damage.

The Partnership Board has been established to solicit private contributions for the Fund, to publicize the existence of the Fund, and to authorize payments from the Fund. The Board shall meet once a month and shall include an annual review of its activities in the OHRC's annual report.

The HRC shall determine what acts constitute hate/violence and the OHRC may make recommendations regarding the amount of compensation to the Partnership Board.

1. The County Government must contribute $25,000 a year to the Fund to the extent that funds are appropriated; in addition, the County Government will contribute $2 for every $1 of private contributions, up to an additional $30,000 a year, to the extent that funds are appropriated.

2. The OHRC will request that the Montgomery County Division of Accounting, Department of Finance establish two budget accounts for contributions to the Fund. One account will be designated for deposits to the Fund as contributions are received; the other account will be utilized for direct payments to victims. Funds will be transferred from the deposit account to the direct payment account as the need arises.

3. The Partnership Board will forward all contributions received for the Fund to the OHRC for deposit in the appropriate account. The Partnership Board will acknowledge in writing receipt of all contributions to the Fund. The Partnership Board may spend up to 10% of the Fund to publicize the Fund and solicit private contributions.

A. Notice of Hate/Violence Incident.

The OHRC, through formal Memoranda of Understanding with the Montgomery County Police and the Montgomery County Division of the Maryland National Capital Park Police, receives notice within three days of a hate/violence incident within Montgomery County. The OHRC contacts the victim and obtains additional information relating to the incident. The OHRC may receive notice through direct contact with the victim or other sources within the community.

B. Filing Application for Compensation.

The victim of a hate/violence incident must file an application for compensation on a form provided by the OHRC. The form will describe the incident, the resulting damage, the anticipated funds needed to correct the damage, names of any witnesses to the incident, and a sworn statement that the information is correct. The application form must be received by OHRC, 164 Rollins Avenue, Rockville, Maryland 20852 within six months of the date of the incident.

C. Verification of Incident and Property Damage.

1. Within thirty days of filing an application for compensation, the victim must provide copies of any available pictures of the incident and/or property damage, documentation giving evidence that the victim holds a legal interest in the property, and a copy of the insurance policy covering the property. Except in cases of financial hardship, the victim will obtain estimates to correct the damages, have the damage corrected, and provide OHRC with receipts for work completed.

2. The OHRC will investigate as necessary to obtain additional information to verify that the incident was related to the victim's race, religion, ethnic background., sexual orientation, or handicap. The OHRC will review all documentation submitted by the victim to determine the cost to repair or replace the damaged property.

3. The OHRC will provide a report to the Partnership Board outlining all information obtained to verify the incident and determine the amount of property damage. The report shall include a recommendation as to the victim's eligibility to receive funds and the amount of funds needed to repair or replace the property.

4. The Partnership Board will review the OHRC's recommendation and make a final determination as to the victim's eligibility and amount of funds to be compensated, if any. The Board will notify the OHRC and the victim of its decision in writing.

1. Upon receipt of the Partnership Board's written report, the OHRC will prepare, through the Finance Department's Division of Accounting, a direct payment to the victim of any approved funds. The Partnership Board may compensate a victim of hate/violence an amount not to exceed $2,000 for each hate/violence incident; but no more than $5,000 to any one victim within any twelve month period.

2. An award must be reduced by the amount of any payment the victim receives or is eligible to receive from any private or public source as compensation for damages that resulted from the hate/violence incident. The victim will notify the OHRC of his or her eligibility for such payments.

3. The OHRC will obtain a receipt from the victim, on a form provided by the HRC, for any monies received from the Fund. The receipt will state that the victim accepts the funds as a complete and final resolution of any claims to funds through the Partnership Fund for damages relating to the specific incident. This receipt will not prevent the victim from pursuing other legal action against the perpetrator(s) of the incident or from filing for compensation related to other hate/violence incidents.

Any person who makes a false claim for compensation commits a class A violation and must reimburse the Fund for any payments received.

1. A victim may appeal the Partnership Board's determination regarding their eligibility as a victim of hate/violence or the amount of compensation to the Public Accommodations Panel of the Human Relations Commission. The victim must file such an appeal in writing within thirty days of the Partnership Board's determination.

2. The Public Accommodations Panel of the Human Relations Commission will review the OHRC's report, the Partnership Board's determination, and any additional information provided by the victim in their appeal notice. The Public Accommodations Panel will provide written notice of its determination of the appeal to the victim, the OHRC, and the Partnership Board.

This regulation repeals Executive Regulation 35-87AM III.

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation takes effect 30 days after approval by the County Council.