Amending Article 9 Chapter 2 Human Rights Ordinance

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ORDINANCE NO. &MA; AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ARTICLE 9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "HUMAN RIGHTS ORDINANCE" STATEMENT OF PURPOSE The South Bend Human Rights Ordinance was comprehensively amended in July 1992 and in August 1993 to incorporate changes resulting from the federal Fair Housing Act and the Americans with Disabilities Act . The Federal Fair Housing Act provides that all parties to a housing discrimination grievance have the right to pursue the claim in state circuit or superior court after an agency determination of probable cause. The Indiana Civil Rights Act adopts this procedure in housing cases at Ind. Code § 22-9 .5-6-12 . The South Bend Civil Rights Ordinance similarly adopts such procedure at Chapter 2, Article 9, Section 2-126 (i) (2) . However, the original intent that such procedure apply only to housing cases has been frustrated by lack of specific, limitational language. As a federally (EEOC) approved local agency for other forms of discriminatory conduct, the South Bend Human Rights Commission may not allow all parties to elect such "by-pass" of agency procedures in non-housing discrimination cases . This conflicts with the goal of making the agency process efficient and affordable for injured persons . This ordinance, as amended, will allow complainants, respondents, or aggrieved persons on whose behalf a complaint was filed to elect adjudication in the circuit or superior court of St . Joseph County following a finding of probable cause in a housing discrimination case. As amended, this ordinance will be consistent with the adjudication procedures provided under the Indiana Civil Rights Act I .C. 22-9 .5-6-12) , and required by the Federal Fair Housing Act and will also be consistent with the South Bend Human Rights Commission' s mandate from the Equal Employment Opportunities Commission (EEOC) in non-housing cases . NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : Section I . Chapter 2, Article 9, Section 2-131 (i) (2) of the Municipal Code of the City of South Bend, Indiana, is hereby amended and re-enacted to read as follows : Section 2-131 (i) (2) , Short Title. Judicial review of any decision of the Commission as referred to in this article may be obtained under Indiana Code 21 .5-1 in the same manner as if the decision was that of a State agency. However, only in those cases involving discriminatory housing practices as prohibited by this Chapter, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have decided in a civil action those claims asserted in a finding of probable cause. Such election must be made not later than twenty (20) days after the date of receipt by the electing person of service under this chapter, and such person shall give written notice to the Commission and all other complainants and respondents to whom the finding of probable cause relates . Such civil action shall be filed in the circuit or superior court of St . Joseph County or any other court of proper ;17Y l .qc i ( f l 0171 _ Anr1 if 1-ho rni,rf- c4 nr]c. tl- +-