HomeMy WebLinkAboutAmending Section 2-128 (1) Article 9 Chapter 2 Human Rights Ordinance ORDINANCE No. 8700-96
Passed by the Common Council of the City of South Bend, Indiana.
.)uly 22, 19 96
Attest: ' i AL--, Cit y Clerk
LOR TTA J. DU"
Attest: �- �,1 Presi den t o f
Common Council
Presented by me to the Mayor of the City of South Bend, Indiana__
July 23, 96
Ig
i-1;. / // City Clerk
LORETTA J DUD,
Approved and signed by me Ig1�
Mayor
ORDINANCE NO. gn) -496
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND AMENDING SECTION 2-128 (1) OF
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 "an aggrieved
person may, not later than one year after an alleged discriminatory
housing practice has occurred or terminated, file a complaint. . . . "
The South Bend Human Rights Ordinance in its present form allows a
"charging party" one hundred eighty (180) days within which to file
a charge of discrimination in housing.
This Ordinance, as amended, will allow charging parties one
year in which to file a charge of housing discrimination. As
amended, the South Bend Human Ordinance will be consistent with the
federal Fair Housing Act.
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 2-128 (1) is hereby
amended and re-enacted to read as follows:
Section 2-128 (1) , Short Title.
(1) "Charge" shall mean any written grievances filed by a
charging party with the Commission. The original shall
be signed and verified before a notary public or other
person duly authorized by law to administer oaths and
take acknowledgments; notarial service shall be furnished
by the Commission without charge. To be acceptable by
the Commission a charge shall be sufficiently complete so
as to reflect property the full name and address of the
charging party; the name and address of the respondent
against whom the charge is made; the alleged
discriminatory practice and a statement of the
particulars thereof; if of a continuing nature, the dates
between which said continuing acts of discrimination are
alleged to have occurred; and a statement as to any other
action, civil or criminal, instituted in any other form
based upon the same grievance as is alleged in the
charge, together with a statement as to the status or
disposition of such other action. No charge based upon
discrimination in housing and housing related
transactions as prohibited by this act shall be valid
unless filed within one hundred eighty (180) days (1)
year from the date of the alleged act. No charge based
upon any discrimination other than housing and housing
related transactions shall be valid unless filed within
ninety (90) days from the date of the alleged act, or
from the date of the termination of a published and
meaningful grievance procedure provided by a respondent
employer, or labor union.
TT .. a . --- ---- ------ '-----'-
•
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.
2V6-4-' /
Member, South Bend Common ouncil
COMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee
to whom was referred
BILL NO.
56-96 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND AMENDING SECTION 2-128 (1) OF 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
sp17Tye _
'A.� ..� % % City of South Bend
� � y
� Joseph E.Kernan,Mayor
r `.y�. Filed in Clerk's Office
1865
Department ®f La J u L - 2 1996
LORETTA J. DUDA
CITY CLERK,SO.BEND,IN.
Richard A. Nussbaum, II Jenny Pit s Maurer
City Attorney Chief Assistant City Attorney
July 2, 1996
Mr. Roland Kelly, President
South Bend Common Council
4th Floor County-City Building
South Bend, IN 46601
Re: Amendment to the South Bend Human Rights Ordinance
Dear Mr. Kelly:
On June 26, 1996 I forwarded to you a proposed amendment to
the South Bend Human Rights Ordinance. After having done so, it
was brought to my attention that the South Bend Ordinance
conflicts with the federal Fair Housing Act in its period of
limitations for filing a charge of discrimination. Specifically,
the Fair Housing Act allows an "aggrieved person" one year in
which to file a charge of discrimination, while the South Bend
Human Rights Ordinance allows such a person six months within
which to do so. The attached amendment to Section 2-128 (1) is
intended to make the South Bend Human Rights Ordinance consistent
with the federal Fair Housing Act in the limitations for filing a
charge of discrimination.
Thank you for your assistance in processing this ordinance
amendment-.
Sincerely,
OP // /-/ r
/J/
Aladean M. DeRose
Deputy City Attorney
AMD/pjh
Att:
cc: Lonnie Douglas
Kathy Cekanski-Farrand
c:\1\7-2kelly.ltr
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