HomeMy WebLinkAboutBill No. 47-23 South Bend Human Rights "Homeless" the Protected Classes Ordinance ,^INNN•N•
S° 8 City of South Bend
(574)235-9321
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- PEACE
Common Council TDD
http://www.southbendin.gov
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South Bend,Indiana 46601
_I865 July 5, i?W i in Clerk's Office
Sharon L.McBride Chairperson Eli Wax
President JUL 0 5 2023
Health and Public Safety Committee
Sheila Niezgodski _ DAWN M.JONES
Vice-President South Bend Common Council CITY CLERK,SOUTH BEND,IN
Canneth Lee 4th Floor, County-City Building
Chairperson,Committee South Bend, IN 46601
of the Whole
Canneth Lee RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
First District OF SOUTH BEND, INDIANA, ADDING THE STATUS OF
"HOMELESS"TO THE PROTECTED CLASSES OF PERSONS
Henry Davis,Jr. UNDER THE SOUTH BEND HUMAN RIGHTS ORDINANCE,
Second District CHAPTER 2,ARTICLE 9, OF THE SOUTH BEND MUNICIPAL
Sharon L.McBride CODE AND ESTABLISHING THE DEFINITION FOR
Third District "HOMELESS"
Troy Warner Dear Chairperson Wax:
Fourth District
Discrimination continues to exist in various forms in our community.
Eli Wax Some forms of discrimination are intentional and easily recognized. Other
Fifth District forms of discrimination may be unintentional and become recognized only
Sheila Niezgodski with the benefit of hindsight and after being identified as such. The purpose
Sixth District of the South Bend Human Rights Ordinance is to eliminate all forms of
Karen L.White
discrimination.
At Large The Human Rights Ordinance was amended to prohibit
Rachel Tomas Morgan discrimination based on sexual orientation and gender identity on March 27,
At Large 2012. With the benefit of hindsight and the hope of foresight, it is now time
to add the class of"homeless"as a protected class of persons under the
Lori K.Hamann Human Rights Ordinance to protect those who are often forgotten, ignored
At Large and vulnerable in our community. This addition to the Human Rights
Ordinance will protect another class of persons from discrimination and
remind all of the inherent dignity of all persons.
The proposed amendment adds the homeless to each section of the
ordinance that identifies protected classes. The proposed ordinance also adds
a definition of"homeless" and"homelessness"by reference to 24 C.F.R. §§
91.5, 582.5, and 583.5.
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PEACE
Common Councilhttp://www.southbendin.gov
Ts.=:� ' �•'� 441 County-City Building • 227 W.Jefferson Blvd
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Finally, the proposed amendment replaces "handicap" in section 2-132 with "disability."
This appears to be an oversight from a prior version.
I am filing this proposed ordinance for first reading on July 10, 2023, and request that it
be included on the Health and Public Safety Committee agenda to be followed by second and
third readings and public hearing on July 24, 2023.
Thank you for your consideration.
Sincerely yours,
Lori K. Hamann., At-Large Member
South Bend Common Council
Filed in Clerk's Office
JUl 2
Cin'C E K;CirS :U.5;;2EBS3END,IN
Filed in Clerk's Office
BILL NO.47-23 JUL 052023
DAWN M.JONES
ORDINANCE NO. CITY CLERK,SOUTH BEND,IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ADDING THE STATUS OF"HOMELESS" TO THE PROTECTED
CLASSES OF PERSONS UNDER THE SOUTH BEND HUMAN RIGHTS ORDINANCE,
CHAPTER 2,ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE AND
ESTABLISHING THE DEFINITION FOR"HOMELESS"
STATEMENT OF PURPOSE AND INTENT
Discrimination continues to exist in various forms in our community. Some forms of
discrimination are intentional and easily recognized. Other forms of discrimination may be
unintentional and become recognized only with the benefit of hindsight and after being identified
as such. The purpose of the South Bend Human Rights Ordinance is to eliminate all forms of
discrimination.
The Human Rights Ordinance was amended to prohibit discrimination based on sexual
orientation and gender identity on March 27, 2012. With the benefit of hindsight and the hope of
foresight, it is now time to add the class of"homeless" as a protected class of persons under the
Human Rights Ordinance to protect those who are often forgotten, ignored and vulnerable in our
community. This addition to the Human Rights Ordinance will protect another class of persons
from discrimination and remind all of the inherent dignity of all persons.
These proposed amendments are believed to be reasonable and necessary and in the best
interests of the City of South Bend, Indiana.
NOW, THEREFORE, BE IT ORDAINED BY THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS:
SECTION I. Chapter 2, Article 9 of the South Bend Municipal Code(Human Rights
Ordinance) shall be and hereby is amended at are added to of the South Bend Municipal Code
and the Article is hereby amended to read in its entirety as follows:
ARTICLE 9. HUMAN RIGHTS ORDINANCE
Sec. 2-126. Short title.
This article shall be known as the South Bend Human Rights Ordinance.
Sec. 2-127. Purpose.
(a) It is the public policy of the City of South Bend to provide all of its citizens equal
opportunity for education, employment, access to public conveniences and
accommodations, and acquisition through purchase or rental of real property including, but
not limited to,housing, and to eliminate segregation or separation based on race, religion,
color, sex, disability,national origin, ancestry, sexual orientation or gender identity,
homelessness, and familial status in housing, since such segregation is an impediment to
equal opportunity. Equal education and employment opportunities and equal access to and
use of public accommodations and equal opportunity for acquisition of real property
including but not limited to housing are hereby declared to be civil rights.
(b) The practice of denying these rights to properly qualified persons by reason of race,
religion, color, sex, disability, national origin, ancestry, sexual orientation or gender
identity, homelessness, or familial status in the case of housing of such person is contrary to
the principles of freedom and equal opportunity, and is contradictory to the objectives of the
public policy of this City and shall be considered discriminatory practices. The promotion
of equal opportunity without regard to race, religion, color, sex, disability, national origin,
ancestry, sexual orientation or gender identity, homelessness, or familial status in the case
of housing, through reasonable methods is the purpose of this Article.
(c) It is also the public policy of this City to protect employers, labor organizations,
employment agencies, property owners, real estate brokers,builders, and lending
institutions from unfounded charges of discrimination.
Sec.2-127.1. Prohibited Conduct.
(a) No person shall discriminate against any other person in education, employment, access to
public conveniences and accommodations based on race, color, sex, disability, national
origin, ancestry, sexual orientation or gender identity or homelessness. Nor shall any person
deny any other person equal opportunity for education, employment, access to public
conveniences and accommodations based on race, religion, color, sex, disability, national
origin, ancestry, sexual orientation or gender identity or homelessness. Such discrimination
or denial of equal opportunity shall be an unlawful practice.
(b) No person shall refuse to sell or to rent after the making of a bona fide offer; refuse to
negotiate for the sale or rental or otherwise make unavailable or deny a dwelling; or
otherwise discriminate against any person in the terms, conditions, privileges of sale or
rental of a dwelling, or in providing services or facilities in connection with the sale or
rental of a dwelling because of a person's race, color,religion, sex, familial status, disability,
national origin, sexual orientation or gender identity or homelessness. Conduct in violation
of this section shall be an unlawful practice.
(c) No person may coerce, intimidate, threaten or interfere with any other person:
(1) In the exercise or enjoyment of any right granted or protected by this chapter; or
(2) Because the person has exercised or enjoyed, or has aided or encouraged another
person in the exercise or enjoyment of, any right granted or protected by this chapter.
(d) No person shall commit any other discriminatory practices as defined in any other section of
this Article.
(e) Protections in this Article against discriminatory practices with regard to sexual orientation
or gender identity shall not apply to decisions of an employer which is a religious society or
order, association, organization, institution or related entity when such protections affect the
definition, advancement of the mission(s), practice(s) or belief(s) of such religious society
or order, association, organization, institution or related entity charged with the
implementation of such decision or decisions, and no requirement of this article shall
compel any person to act in a manner contrary to that which has been granted specific
protection by the United States Supreme Court in Boy Scouts of America and Monmouth
Council, et al. v. Dale, 530 U.S. 640 (2000).
(f) The protections in this Article against discriminatory practices regarding sexual orientation
or gender identity in employment shall not be construed to require that health care plans,
insurance,pension, or similar additional benefits provided by employers and benefiting the
spouses of employees be extended to non-married domestic partners of any employee.
(g) This Article shall be construed broadly to effectuate its purpose.
Sec.2-128. Definitions.
(a) The term "Commission" shall mean the South Bend Human Rights Commission.
(b) The term "Director" shall mean the Director of the South Bend Human Rights Commission.
(c) The term "Commission Attorney" shall mean the City Attorney or such assistants of the
City Attorney as may be assigned to the Commission, or such other attorney as may be
engaged by the Commission with the consent of the City Attorney.
(d) The term "employee" shall mean any person employed by another for wages or salary;
provided, that it should not include any person employed by his or her parents, spouse or
child.
(e) The term "employer" shall include the City of South Bend, or any department thereof, and
any person having six (6) or more employees within the State of Indiana and doing business
within the City, except that the term does not include:
(1) Any bona fide private membership club (other than a labor organization) which is
exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954;
(2) Any school, educational or charitable institution owned or conducted by or affiliated
with a church or religious institution to the extent that the school, educational or
charitable institution hires employees of a particular religion;
(3) Any office, officer, board, commission, department, division, bureau, committee, fund,
agency, and, without limitation by reason of any enumeration herein, any other
instrumentality of the State of Indiana, any hospital, any penal institution and any other
institutional enterprise and activity of the State of Indiana, wherever located; the
universities supported in whole or in part by State funds; and the Judicial Department
of the State of Indiana.
(f) The term "employment agency" shall mean any person undertaking, with or without
compensation, to procure, recruit, refer or place employees.
(g) The term "labor organization" shall mean any organization which exists and is constituted
for the purpose, in whole or in part, of collective bargaining or of dealing with employers
concerning grievances, terms or conditions of employment or of mutual aid or protection in
connection with employment.
(h) The term "educational institution" shall mean all public and private schools and training
centers except those affiliated with religious institutions, only insofar as they may give
preference to members of their religious group in selecting their students, except that they
shall not discriminate on the basis of race, color or national origin sexual orientation or
gender identity or homelessness.
(i) The term "discriminatory practice" shall mean the exclusion of a person by another person
from equal opportunity or a system which excludes persons from equal opportunity in
employment, education, public conveniences and accommodations because of race,religion,
color, sex,disability, national origin, ancestry, sexual orientation or gender identity or
homelessness. A discriminatory practice also means the refusal to sell or rent after the
making of a bona fide offer; the refusal to negotiate for the sale or rental or otherwise
making unavailable or denying, or otherwise discriminating against any person in the terms,
conditions,privileges of sale or rental of a dwelling, or in providing services or facilities in
connection with the sale or rental of a dwelling because of a person's race, color, religion,
sex, familial status, disability, national origin, sexual orientation or gender identity or
homelessness.
A "discriminatory practice" shall also include the following:
1. Advertising for the sale or rental of a dwelling in a manner that indicates any
preference, limitation, or discrimination because of race, color, religion, sex, disability,
familial status, national-origin, sexual orientation or gender identity, or homelessness;
2. Falsely representing that a dwelling is not available for inspection, sale, or rental based
on race, color, religion, sex, disability, familial status,national origin, sexual
orientation or gender identity, or homelessness;
3. Coercion, intimidation,threats, or interference with any person in the exercise or
enjoyment of, or on account of his or her having exercised or enjoyed, or on account of
his or her having aided or encouraged any other person in the exercise of enjoyment of
any right granted or protected by sections 2-128.1, 2-128.2, 2-128.3, 2-128.4 or 2-
128.5 of this chapter;
4. Blockbusting based on representations regarding the entry or prospective entry into the
neighborhood of a person or persons of a particular race, color, religion, sex, disability,
familial status, national origin, sexual orientation or gender identity, or homelessness;
5. Discrimination because of race, color, religion, sex, disability, national origin, sexual
orientation or gender identity, homelessness, or familial status by persons or entities
whose business includes engaging in residential real estate transactions in the making
of a loan or the granting of financial assistance for residential real estate, in the selling,
brokering or appraisal of residential real estate, or by the denial of access to or
participation in a multiple-listing service or other real estate broker organization or
services.
Every discriminatory practice relating to the acquisition or sale of real property, education,
public accommodations or employment shall be considered unlawful unless it is specifically
exempted by this Article.
(j) "Public accommodation" shall mean any establishment, organization or authority which
caters or offers its services or facilities or goods to the general public, including, but not
limited to, motels, hotels, theaters, stores, public restaurants, public library services, and
public recreational services and facilities.
(k) "Charging party" shall mean any individual charging on his own behalf to have been
personally aggrieved by a discriminatory practice or the Director of the Commission with
the approval of the full Commission charging that a discriminatory practice was committed
against a person other than himself or a class of people in order to vindicate the public
policy of the City of South Bend as defined in sections 2-127, 2-128.1, 2-128.2, 2-128.3, 2-
128.4 and 2-128.5 of this article.
(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 properly 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(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.
(m) "Respondent" shall mean any person against whom a charge is filed.
(n) "Consent agreement" shall mean a formal agreement entered into in lieu of adjudication.
(o) "Affirmative action" shall mean those acts which the Commission deems necessary to
assure compliance with the South Bend Human Rights Ordinance.
(p) The term "sex" as it applies to segregation or separation in this article shall apply to all
types of employment, education,public accommodation, and housing.
(q) "Disabled" or"disability" means, with respect to a person:
(1) A physical or mental impairment that substantially limits one(1) or more of the
person's major life activities;
(2) A record of having an impairment described in subdivision (1); or
(3) Being regarded as having an impairment described in subdivision(1).
The term does not include current illegal use of or addiction to a controlled substance (as
defined in Section 102 of the Controlled Substances Act(21 U.S.C. § 802).
(r) "Person" means one(1) or more individuals,partnerships, associations, organizations,
corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in
bankruptcy,mutual companies,joint-stock companies, trusts, unincorporated organizations,
trustees,receivers, fiduciaries and other organized groups of persons.
(s) "Familial status" means that the person who is the subject of discrimination is:
(1) Pregnant;
(2) Domiciled with an individual younger than eighteen (18) years of age in regard to
whom the person:
(A) Is the parent or legal custodian; or
(B) Has the written permission of the parent or legal custodian for domicile with that
person; or
(3) In the process of obtaining legal custody of an individual younger than eighteen (18)
years of age.
(t) "To rent" includes to lease, to sublease, to let, or to otherwise grant for a consideration the
right to occupy premises not owned by the occupant.
(u) "Dwelling" means:
(1) Any building, structure, or part of a building or structure that is occupied as, or
designed or intended for occupancy as, a residency by one(1) or more families; or
(2) Any vacant land that is offered for sale or lease for the construction or location of a
building, structure, or part of a building or structure described by subdivision(1).
(v) "Secretary" means the Secretary of Housing and Urban Development.
(w) "Gender identity" means an individual having or being perceived as having a gender-related
self-identity, self-image, appearance, expression or behavior different from those
characteristics traditionally associated with the individual's assigned sex at birth.
(x) "Sexual orientation" means an individual's actual or perceived identity or practice as a
lesbian woman, gay man, bisexual person or heterosexual person.
(y) "Homeless" and"Homelessness"has the definition set forth at 24 C.F.R. §§ 91.5, 582.5,
and 583.5 and as may be amended from time to time.
Sec. 2-128.1. Prohibited Notices, Statements,Advertisements, or Representations in
Housing.
(a) A person may not make, print, or publish or cause to be made, printed, or published any
notice, statement, or advertisement with respect to the sale or rental of a dwelling that
indicates any preference, limitation, or discrimination based on race, color, religion, sex,
disability, familial status, national origin, sexual orientation or gender identity,
homelessness, or an intention to make such a preference, limitation, or discrimination.
(b) A person may not represent to any person because of race, color,religion, sex, disability,
familial status, national origin, sexual orientation or gender identity, or homelessness that a
dwelling is not available for inspection, for sale, or rental when the dwelling is so available.
(c) A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling
by representations regarding the entry or prospective entry into a neighborhood of a person
or persons of a particular race, color, sex, disability, religion, familial status national origin,
sexual orientation or gender identity or homelessness.
Sec. 2-128.2. Disability Discrimination in Housing.
(a) A person may not discriminate in the sale or rental or otherwise make unavailable or deny a
dwelling to any buyer or renter,nor may a person discriminate against any person in the
terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services
or facilities in connection with the dwelling because of a disability of:
(1) The buyer or renter or person;
(2) A person residing in or intending to reside in the dwelling after the dwelling is sold,
rented, or made available; or
(3) Any person associated with the buyer or renter or person.
(b) For purposes of this section only, discrimination includes the following:
(1) A refusal to permit, at the expense of the disabled person, reasonable modifications of
existing premises occupied or to be occupied by the person if the modifications may be
necessary to afford the person full enjoyment of the premises.
(2) A refusal to make reasonable accommodations in rules, policies, practices or services,
when the accommodations may be necessary to afford the person equal opportunity to
use and enjoy a dwelling.
(3) In connection with the design and construction of covered multi-family dwellings for
first occupancy after March 13, 1991, a failure to design and construct those dwellings
in a manner that:
(A) The public use and common use parts of the dwellings are readily accessible to
and usable by disabled persons;
(B) All the doors are designed to allow passage into and within all premises within the
dwellings and are sufficiently wide to allow passage by disabled persons in
wheelchairs; and
(C) All premises within the dwellings contain the following features of adaptive
design:
1. An accessible route into and through the dwelling;
2. Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
3. Reinforcements in bathroom walls to allow later installation of grab bars; and
4. Usable kitchens and bathrooms so that an individual in a wheelchair can
maneuver about the space.
(c) As used in subsection (b), "covered multi-family dwellings" means:
(1) Buildings consisting of four(4) or more units if the buildings have one(1) or more
elevators; and
(2) Ground floor units in other buildings consisting of four(4) or more units.
(d) Compliance with the rules of the fire prevention and building safety commission that
incorporate by reference the appropriate requirements of the American National Standard
for buildings and facilities providing accessibility and usability for physically disabled
people (ANSIA117.1) satisfies the requirements of subsection(b)(3)(C).
(e) This section does not require that a dwelling be made available to an individual whose
tenancy would constitute a direct threat to the health or safety of other individuals or whose
tenancy would result in substantial physical damage to the property of others.
Sec. 2-128.3. Loans or financial assistance.
(a) As used in this section, "residential real estate related transaction" means the following:
(1) Making or purchasing loans or providing other financial assistance:
(A) To purchase, construct, improve,repair, or maintain a dwelling; or
(B) Secured by residential real estate.
(2) Selling, brokering, or appraising residential real property.
(b) A person whose business includes engaging in residential real estate related transactions
may not discriminate against a person in making a real estate related transaction available,
or in the terms or conditions of a real estate related transaction because of race, color,
religion, sex, disability, familial status, homelessness, or national origin.
Sec. 2-128.4. Brokers' organizations, services, or facilities.
A person may not deny any person access to, or membership or participation in, a multiple-
listing service,real estate brokers' organization or other service, organization, or facility relating
to the business of selling or renting dwellings, or discriminate against a person in the terms or
conditions of access, membership, or participation in such an organization, service, or facility
because of race, color,religion, sex, disability, familial status, homelessness, or national origin.
Sec. 2-128.5. Elderly housing exception to discrimination based on familial status.
(a) The denial of housing rights and opportunities based on familial status as prohibited by this
article shall not apply to housing intended for and solely occupied by persons over sixty-two
(62) years of age or older or which is designed and operated to assist elderly persons under a
federal or state program.
If there are persons living in such housing under age sixty-two (62), this exception applies
provided that:
(1) All occupants after September 13, 1988 are at least sixty-two (62)years old;
(2) Any unoccupied units are reserved for occupancy by persons at least sixty-two (62)
years old; and
(3) Any persons under age sixty-two (62) occupying said housing after September 13,
1988 are employees of the housing and their family members residing in the same unit,
and such employees perform substantial duties directly related to the management or
maintenance of the housing.
(b) The determination of whether any housing unit falls within the exception created by this
section shall be made by the Commission and shall be consistent with any determinations
already made by the Secretary of Housing and Urban Development.
Sec. 2-128.6. Single-family and small unit exception.
(a) Except for the prohibition against the making,printing or publishing of a sale or rental
notice containing discriminatory preference or limitation as set forth in section 2-128.1(a) of
this article, no other prohibition concerning housing or housing related practices shall apply
to:
(1) Any single-family house sold or rented by an owner: Provided, that such private
individual owner does not own more than three (3) such single-family houses at any
one time: Provided further,that in the case of the sale of any such single-family house
by a private individual owner not residing in such house at the time of such sale or who
was not the most recent resident of such house prior to such sale, the exemption
granted by this subsection shall apply only with respect to one such sale within any
twenty-four-month period: Provided further, that such bona fide private individual
owner does not own any interest in, nor is there owned or reserved on his behalf, under
any express or voluntary agreement, title to or any right to all or a portion of the
proceeds from the sale or rental of,more than three(3) such single-family houses at
any one time: Provided further, that after December 31, 1969, the sale or rental of any
such single-family house shall be excepted from the application of this title only if
such house is sold or rented (A) without the use in any manner of the sales or rental
facilities or the sales or rental services of any real estate broker, agent, or salesman, or
of such facilities or services of any person in the business of selling or renting
dwellings, or of any employee or agent of any such broker, agent, salesman, or person
and(B) without the publication, posting or mailing, after notice, of any advertisement
or written notice in violation of section 2-128.1(a) of this article; but nothing in this
provision shall prohibit the use of attorneys, escrow agents, abstractors, title
companies, and other such professional assistance as necessary to perfect or transfer
the title; or
(2) Rooms or units in dwellings containing living quarters occupied or intended to be
occupied by no more than four(4) families living independently of each other, if the
owner actually maintains and occupies one of such living quarters as his residence.
(b) The determination of whether any housing unit falls within the exception created by this
section shall be made by the Commission and shall be consistent with any determinations
already made by the Secretary of Housing and Urban Development.
Sec.2-129. Human Rights Commission created, composition; tenure of members, filling
vacancies; removal, compensation.
(a) There is hereby created a South Bend Human Rights Commission composed of nine(9)
members who are residents of the City of South Bend and are representative of the racial,
ethnic, religious, economic and educational groups in the community.
(b) Successors to all members of the Commission shall be appointed for terms of four(4)years,
except when appointed to fill a vacancy, in which case such appointment shall be for the
unexpired term.
(c) Members of the Commission may be removed by the appointing authority for just cause.
All members of the Commission shall serve without compensation.
Sec. 2-130. Appointment of members, quorum; election of officers; meetings; concurrence
of majority required for action.
(a) Six (6)members shall be appointed by the Mayor and three(3) members shall be appointed
by the President of the Common Council. Each appointment shall be for a term of four(4)
years. In the event of death or resignation of any member, his successor shall be appointed
to serve for the unexpired period of the term for which such member had been appointed.
Members of the Commission may be removed by the appointing authority for just cause.
All members of the Commission shall serve without compensation and any five (5)
members shall constitute a quorum.
(b) The Commission shall elect from its membership once each year a chair, vice-chair and
secretary.
(c) The Commission shall hold one(1)regular meeting each month and such special meetings
as the chair may deem necessary.
(d) It shall take the concurrence of a majority of the Commission membership to take legal or
official action, except that a determination of probable cause may be based upon a
concurrence of a majority of Commissioners voting upon the case excluding members
abstaining.
Sec. 2-131. Powers and Duties of Commission.
The Commission is empowered to and shall do the following:
(a) Establish and maintain a permanent office in the City of South Bend.
(b) Recommend to the Mayor for appointment an executive director, or such personnel as
it may deem necessary, and to prescribe their duties.
(c) Adopt,promulgate, amend and rescind such rules and regulations, procedural and
substantive, as may be consistent with the provisions of this article and state laws.
Such rules and regulations shall be adopted in accordance with the provisions of this
article as it may hereafter be amended.
(d) Formulate policies to effectuate the purposes of this article and make recommendations
to the City to effectuate such policies. The several departments, commissions, boards,
authorities, divisions, bureaus and officers of the City may furnish the Commission,
upon its request, all records, papers, and information in their possession relating to any
matter before the Commission.
(e) Receive and investigate charges of discriminatory practices. The Commission shall not
hold hearings in the absence of a charge as herein defined. All investigations of
charges shall be conducted by staff members of the Commission.
(f) Issue such publications and such results of investigations and research as in its
judgment will tend to minimize or eliminate discrimination because of race, color,
religion, sex, disability, national origin, ancestry, sexual orientation or gender identity,
homelessness or familial status in the case of housing.
(g) Prepare and issue a report annually to the Common Council and Mayor, describing in
detail the investigation and conciliation proceedings it has conducted and their
outcome, the progress made and any other work performed and achievements towards
the elimination of discrimination.
(h) Prevent any person from discharging, expelling or otherwise discriminating against any
other person because he filed a charge or has testified in any hearing before this
Commission, or has in any way assisted the Commission in any matter under
investigation.
(i) Appoint hearing officers, hold hearings, subpoena witnesses, compel their attendance,
administer oaths, take the testimony of any such person under oath, and require the
production for examination of any books and papers relating to any matter under
investigation or in question before the Commission. The Commission shall have the
exclusive power to subpoena,but it shall consult with the Department of Law
concerning the issuance of a subpoena. The Department of Law may veto the issuance
of a subpoena if and only if such an issuance would be an abuse of the Commission's
subpoena power. Abuse of the Commission's subpoena power shall include but not be
limited to use of such subpoena power for harassment purposes, issuance of a
subpoena for information clearly irrelevant to the investigation being conducted, and
issuance of a subpoena for information over an excessively broad span of time.
Contumacy or refusal to obey a subpoena issued pursuant to this section shall
constitute a contempt. All hearings shall be held within the City of South Bend at a
location determined by the Commission. A citation of contempt may be issued upon
application by the Commission to the circuit or superior court, or judge thereof, in the
County in which the hearing is held or in which the witness resides or transacts
business.
(1) The Commission shall state its finding of fact after a hearing, and, if the
Commission finds a person has engaged in an unlawful discriminatory practice, it
may cause to be served on such person an order requiring such person to cease
and desist from the unlawful discriminatory practice and requiring such person to
take further affirmative action as will effectuate the purposes of this article,
including but not limited to the power to restore charging party's losses incurred
as a result of discriminatory treatment, as the Commission may deem necessary to
assure justice. The Commission may require the posting of notice setting forth the
public policy of Indiana concerning civil rights and the respondent's compliance
with said policy in places of public accommodations; and it may require proof of
compliance to be filed by the respondent at periodic intervals.
(A) Except in housing cases which are separately treated in sub-part(C) of this
section, the Commission may impose a penalty upon any respondent of one
thousand five hundred dollars ($1,500.00) for the first and second violation
of this article within a five-year period and may further impose a penalty of
two thousand five hundred dollars ($2,500.00) for three (3) or more
violations of this article within a five-year period.
(B) When applied to discrimination in employment, the Commission shall also
have power, to the extent consistent with state law, to restore charging party's
losses by awarding damages including wages, salary, commissions, fringe
benefits in an amount not to exceed that lost over a two-year period. For
discrimination in employment and housing, the Commission shall also have
the power, to the extent consistent with state law,to award damages which
will compensate charging party for future pecuniary loss, emotional pain,
suffering, inconvenience, anguish, loss of enjoyment of life and other non-
pecuniary losses, costs and attorney fees.
(C) To vindicate the public interest in cases of housing discrimination, the
Commission may assess a civil penalty of two thousand five hundred dollars
($2,500.00) for each commission of a discriminatory housing practice.
(D) The Commission may sue to recover a civil penalty due under this section.
(2) Judicial review of any decision of the Commission as referred to in this article
may be obtained under IC 4-21.5-1 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
jurisdiction, and if the court finds that a discriminatory housing practice has
occurred or is about to occur, the court may grant any relief appropriate in a civil
action under this Article or IC 22-9.5-8.1-2 or as authorized by the Civil Rights
Act of 1991, or the federal Fair Housing Act.
(3) In those cases involving discriminatory housing practices as prohibited by this Act
where final adjudicative Commission action is in favor of the charging party, the
charging party shall be permitted to have damages determined in the circuit of
superior court of St. Joseph County or any other court of proper jurisdiction
having the power to award punitive damages as allowed by the Fair Housing Act.
Charging parties shall make such a request to the Commission in writing within
five(5) days from the notice of final Commission action, which notice shall
advise charging party of this right to damage determination, and the Commission
shall represent charging party at the Commission's expense in such court action
for damages. The Commission shall seek such a judicial determination of
damages within one (1)year of the alleged discriminatory housing practice. If it is
impracticable for the Commission to seek such a determination within one(1)
year of the alleged discriminatory act, it shall notify charging party and
respondent in writing of its reasons for not doing so, and shall undertake such
judicial determination as soon as practicable.
(j) Reduce the terms of conciliation agreed to by the parties to a writing to be called a "consent
agreement" which the parties and a majority of the Commissioners shall sign and when so
signed the consent agreement shall have the same effect as a final decision of the
Commission. If the Commission determines that a party to a consent agreement is not
complying with the agreement, the Commission may obtain enforcement of the consent
agreement in a circuit or superior court upon showing that the party is subject to the
Commission's jurisdiction.
(k) Institute actions in the St. Joseph Superior or Circuit Court for appropriate or equitable
relief.
(1) Transfer cases to the Indiana Civil Rights Commission or to an appropriate federal agency
and to receive cases transferred from the Indiana Civil Rights Commission or from an
appropriate federal agency. The South Bend Human Rights Commission shall proceed to act
on any case transferred to it from the Indiana Civil Rights Commission as if the case had
been originally filed with the South Bend Human Rights Commission as of the date the
charge was filed with the Indiana Civil Rights Commission.
Sec. 2-132. Discrimination in performance of City contracts.
Every contract to which the City is a party, including franchises granted to the public
utilities, shall contain a provision requiring the contractor and his subcontractor not to
discriminate against any employee or applicant for employment who is to be employed in the
performance of such contracts with respect to his hire, tenure, terms, conditions or privileges of
employment, because of his race, religion, color, sex, disability, homelessness, or
national origin or ancestry. Breach of this covenant may be considered a material breach of the
contract.
Sec. 2-132.1. Private enforcement.
This section may be enforced by an aggrieved charging party through the commencement of
an action in the St. Joseph County circuit or superior court or any other court of proper
jurisdiction not less than one(1) year after the occurrence or termination of the alleged
discriminatory practice.
SECTION II. Severability.
If any part, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is
for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect
the validity of the remaining portions of this ordinance.
SECTION III. Effective Date.
This ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
Sharon McBride, Council President
South Bend Common Council
Attest:
Dawn M. Jones, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of
South Bend, Indiana on the day of , 2023, at o'clock
. m.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2023, at o'clock
. m.
James Mueller, Mayor
City of South Bend, Indiana
Filed in Clerk's Office
JUL 0 5 2023
DAWN M.JONES
CITY CLERK,SOUTH BEND,IN