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HomeMy WebLinkAboutAmending Article 9 Chapter 2 Human Rights Ordinance ORDINANCE No. 8699-96 Passed by the Common Council of the City of South Bend, Indiana. July 22, 19 96 Attest: . Y.; l City Clerk LOR TA J. DUD�� Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— July 23, 96 z City Clerk LORETTA J. /DA Approved and sired by me 1� ZV zg1/a_ (7.X.44,14- Mayor 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- +- Section II . If any section of this ordinance or any amendment thereto should be held invalid by the operation or application of Federal, State or local law or by any court of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such court pending a final determination as to its validity, the remainder of this ordinance or any amendment thereto, or the operation or application of such ordinance to persons or circumstances other than those as to which it has been held invalid or as to which compliance or enforcement has been restrained shall not be affected thereby. Section III . This Ordinance shall be in full force and effect upon passage by the Common Council and approval of the Mayor, and shall apply to all cases presently pending before the South Bend Human Rights Commission. A3-6,„ / ,&e'e� Member, South Bend Common ,Council - COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 55-96 A BILL 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" Respectfully report that they have examined the matter and that in their opinion this bill has been recommended to the Council favorably. Cleo Washington Chairman • r ,,, - , ,""'gpUTB 8 .,.p4 ,\,11111110/ 4 ``�\ ��% x City of South Bend ;u �� \\ ,7, ; ,moo. �t���\PEwv,-i 1. Joseph E.Kernan,Mayor a • 1865 Department of Law Richard A. Nussbaum, II Jenny Pitts Manier City Attorney Chief Assistant City Attorney June 26, 1996 Mr. Roland Kelly, President South Bend Common Council 445 County-City Building South Bend, IN 46601 Re: Amendment to South Bend Human Rights Ordinance Dear Mr. Kelly: I enclose a proposed amendment to the South Bend Human Rights Ordinance. Recently, a number of responding employers have been removing employment discrimination cases to the circuit court after findings of no "probable cause. " Because employers are always represented by attorneys in such cases, where charging parties are usually not so represented, this practice frustrates the intent of making the agency process an affordable, efficient one for victims of "probable" discrimination. As an agency subject to certain federal rules and mandates, the South Bend Human Rights Commission is prohibited from allowing (albeit with objection) this by-pass of the administrative process by respondents, except in housing discrimination cases. Filed in Clerk's Office JUL - 2 1996 LORETTA J. DUDA CITY CLERK,SO.SEND.IN. 1400 County-City Building•South Bend,Indiana 46601•219/235-9241 •TDD 219/235-5567 Thomas L.Bodnar Anne E.Bruneel Aladean M.DeRose Jeffrey M.Jankowski Robert C. Rosenfeld Ann-Carol Simons Mr. Roland Kelly June 26, 1996 Page 2 The attached amendment to Section 2-131 (1) (2) is intended to wholly eliminate any confusion in the Ordinance and to make clear that no by-pass of agency process is permitted to respondents except in housing cases. Thank you for your assistance in processing this ordinance amendment. Sincerely, 4r/ j r.. Aladean M. DeRose Deputy City Attorney AMD/pjh cc: Lonnie Douglas Kathleen Cekanski-Farrand c:\1\6-26kelly.ltr Filed in Cierk's Office JUL - 2 1996 LORETTA J. DUDA CITY CLERK,SO.BEND,IN.