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HomeMy WebLinkAboutAmending Chapter 2 South Bend Human Rights OrdinanceORDINANCE No 6635 -79 Passed by the Common Council of the City of South Bend, Indiana_ September 10 Yq 79 Attest: 4" 'k— A�� City Clerk 1, IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Ind'ana Approved and signed by me September 11 zg 79 IRENE K. GAMMON Clerk ORDINANCE NO. `(p r -7 g AN ORDINANCE AMENDING AND RE- ENACTING CHAPTER 21 ARTICLE IX, SECTIONS 2 -126, 2 -127, 2 -1283 2 -129, 2 -130, 2 -131 and 2 -132 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1976, ORDINANCE NO. 6003 -76 COMMONLY REFERRED TO AS THE SOUTH BEND HUMAN RIGHTS ORDINANCE. STATEMENT OF PURPOSE AND INTENT: WHEREAS, the Indiana General Assembly has amended the statutes w hick give to cities the power to enact local Human Rights Ordinances, and WHEREAS, it is the intent of the Common Council of the City of South Bend to meet the requirements of the new statute and to make other amendments to the South Bend Human Rights Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City Of South Bend, Indiana, as follows: SECTION I. Chapter 2, Article IX, Sections 2 -126, 2 -1272 2 -128, 2 -129, 2 -130, 2 -131 and 2 -132 of the Municipal Code of South Bend, Indiana, 1976, Ordinance No. 6003 -76 is hereby amended and re- enacted to read in its entirety as follows:* Section 2 -126. Short Title This article shall be known as the South Bend Human Rights Ordinance. Section 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, emolo,yment, 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 solely on race, religion, color, sex, handicap, national origin or ancestry, since such segregation is an impediment to equal opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property are hereby declared to be civil rights. (b) The practice of denying these rights to properly qualified persons by reason of the race, religion, color, sex, handicap, national origin or ancestry of such person is contrary to the principles of freedom and equality of opportunity and is a burden to the of the public policy of this City and shall be considered asdiscrimi- natory practices. The promotion of equal opportunity without regard to race, religion, color, sex, handicap, national origin or ancestry 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 owneYrs, real estate brokers, builders and lending institutions from unfounded charges of discrimination. (d) It is hereby declared to be contrary to the Public policy of the City of South Bend and an unlawful practice for any person, for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry of prospective entry of a particular race, religion, color, sex, national origin or ancestry, or handicap. (e) This article shall be construed broadly to effectuate its purpose. # Words added underlined Words deleted - - -- Section 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 employing six (6) or more employees within the City, except that the term does not include: (1) any bonafide private membership club (other than a labor organization) which is exempt from taxation under Section 501 (c) of the Internal Revenue Code of 1954; 149P Skala 44e #ear?► }nelede (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 any penal institution and any other institutional enterprise and ar±t - ivity nfl fi,o -4 -..4- (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 trainings 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. (i) The term "discriminatory practice" shall mean the exclusion of a person by another person from equal opportunity because of race, religion, color, sex, handicap, national origin or ancestry; or a system which excludes persons from equal opportunity because of race, religion, racial segregation or separation in any manner, including but not limited to, the inducing of, or attempting to induce, for profit, any persons to sell or rent any dwelling by reports regarding the entry or prospective entry in the neighborhood of a person or nersons of a particular race, religion, color, sex, handicap, national origin or ancestry. 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. - 2 - (j) The term "public accomodation" 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) The term -'ee piaiaaet!' "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 Section 2 -127 of this Article. (1) The term- 'eempiaiatu- "charge" shall mean any written grie- vances filed by a eempiaiaaat 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 acknowledgements, notarial service shall be furnished by the Commis - sion without charge. To be acceptable by the Commission a eempiaint charge shall be sufficiently complete so as to reflect properly the full name and address of the eepiaiaaat; charging party; the names and address of the respondent against whom the eeffipiaint 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 eempiaint- charge, together with a statement as to the status or disposition of such other action. No eempia }at charge 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) The term "respondent" shall mean any person against whom a eeMpiaiat charge is filed. (n) The term "consent agreement" shall mean a formal agreement entered into in lieu of adjudication. (o) The term "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 accomodation and housing. (q) "Handicap or handicapped" means the physical or mental condition of a person which constitutes a substantial disability. In reference to employment, "handicap or handicapped" aise means a the physical or mental condition of a person which constitutes a substantial disability unrelated to such person's ability to engage in a particular occupation. (r) The term "person" means one or more individuals, partner- ships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons. Section 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. -3- (c) Members of the Commission ing authority for just cause. All serve without compensation. may be removed by the appoint - members of the Commission shall Section 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 appoint- ed 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 chairman, vice - chairman and secretary. (c) The Commission shall hold one regular meeting each month and such special meetings as the chairman may deem necessary. (d) It shall take the concurrence of a majority of the Commission membership to take legal or official action. Section 2 -131. Powers and duties of Commission. The Commission is empowered and shall do the following: (a) To establish and maintain a permanent office in the City of South Bend. (b) To recommend to the Mayor for appointment an executive director, or such personnel as it may deem necessary, and to prescribe their duties. (c) To 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 regu- lations shall be adopted in accordance with the provisions of this article as it may hereafter be amended. (d) To formulate policies to effectuate the purposes of this article and make recommendations to the City to effectuate such Policies. The several departments, commissions, boards, authori- ties, 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) To receive and investigate charges of discriminatory prac- tices_ er eexRglalnts- The Commission shall not hold hearings in the absence of a eempla}gt charge as herein defined. All investiga- tions of eAFapla}ats charges shall be conducted by staff members of the Commission. (f) To issue such publications and such results of investiga- tions and research as in its judgment will tend to minimize or eliminate discrimination because of race, color, religion, sex, handicap, national origin or ancestry. (g) To prepare and issue a report annually to the Elty Common Council and Mayor, describing in detail the investigation and con- ciliation proceedings it has conducted and their outcome, the prog- ress made and any other work performed and achievements towards the elimination of discrimination. (h) To prevent any Person from discharging, expelling or otherwise discriminating against any other person because he filed a eempla }at charge or testified in any hearing before this Commission, Or in any way assisted the Commission in any matter under investiga- tion. - 4 - (i) To 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. Provided, that 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 pur- suant 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 applica- tion 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) To state its finding of fact after a hearing and if the Commission finds a person has engaged in an unlawful dis- , criminatory 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 eeRpiainant -'s charging party's losses incurred as a result of discriminatory treatment, as the Commission may deem necessary to assure justice, provided, however, that this specific provision when applied to orders pertaining to employment shall include only wages, salary, eP commissions or fringe benefits in an amount not to exceed that lost over a two year period; to 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 accommo- dations; to require proof of compliance to be filed by the respondent at periodic intervals•, to Fegaipe a pei-sen whe hae been peande be in vielatleRe of the Seath Head Haan Rights 912dinasee; and whe is lleensed by a State agency aathepised to gPamt a iieense; to show eaase to the iieensing agency why his. iieenee should net be i2eveked ep saepended. (2) Judicial review of saeh eease and desist epdep ep etheP of €iPmative aetien any decision of the Commission as referred to in this article may be obtained.- under I.C. -22 -1 in the same manner as if the decision was that of a state agency. aadieiaieiew is ihst }fated within thinty dais 91R reeeipt e€ netise by a pePsen that saeh epdei2 has been pRade by the Se issien3 i_f it deteppaines that the pepsen apen whew the eease and desist epdep has been - served is net eeFapiying e12 is making -ne e_f€opt #9- eepapiy, The SeFaFaissien shall eeptify the ease and the entipe peeepds of its p3?eeeedings to the Bepaptment e€ Taw; which shall invoke the aid e-f an apppeppiate eeapt to engepee the ede- (3) If, upon, all the evidence, the Commission shall find that a person has not engaged in any such unlawful practice or violation of this article, the Commission shall state its findings of facts and shall issue and cause to be served on the eempiainant parties an order dismissing the said eempialnt charge as -te saeh pei2sen. (j) To reduce the terms of conciliation agreed to by the par-, ties 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 .abevea :final decision of the.Commission. If the Commission determines that a party to a consent agreement is not complying with the agreement, the - 5 - Commission may obtain enforcement of the consent agreement in a circuit or superior court upon showing; that the Harty is subject to the Commission's jurisdiction and iaee_:�4ea e ► �a rsasl;s ��ts eess W4!#'3i-1q toe 8e "4y -:�14 W14�e4 414e pe4 -14i-ee 4e ez� user eel 4!s b!-zs+tF3-44r is not complying with the consent agreement. (k) To institute actions in the St. Joseph Superior or Circuit Court for 44e- sc��teeee- e- $- Tee�e�- ee�ee_8p-de� ia� -+est� #;erg- €tee- a- 44eel.�ee�- �t�e# #ee ; - end -Brie- a -eee- ata�- �s- ���e��- �e- s�teeee�- e�- ��e- �e���e- e�- ��e- ee�}��a���- �r }�}� -��e W; 1- 4 e-- €e��- eee- ee- ee'4g- e- e�;4tte�s- a- }��eeeed- �z�gs- eeeee�e�r�g- ��ie- ee���a��e�g- �e�e�e- �l�e- �e�t��- �e�c�- �i��t�e= l��g��s fees }ems: appropriate legal or equitable relief. (1) To transfer or to an appropriate from the Indiana Civi federal agency. he to act on anv case tr, cases to the Indiana Civil ederal a ency and to recei Rights Commission or rom Rights Commission ve cases transferred an appropriate Section 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, becuase of his race, religion, color, sex, handicap, national origin or ancestry. Breach of this covenant may be considered a material breach of the contract. 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 circum- stances 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. the amendment and by such amendment SECTION ITT. upon passage by tl 1st READING e.? -.2 % - % / PUBLIC HEARING 2nd READING NOT APPROVED REFERRED PASSED a� J All rights of parties which have accrued prior to re- enacted of this ordinance shall not be affected and re- enactment, to the extent nermitted by law. This Ordinance shall be in full force and effect ie Common Council and approval of the Tlayor. (� i r, F 4- n lfBLED, I 'E6&6 %a� - 099- AUG 2'21' 1979 f rel e- C CITY CLERK, SOUT I BLE D, IND. opportunity for public discussion and Council action on the issue. CITY Of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT PROGRAM Carl Ellison Director Jon R. Hunt Deputy Director August 22, 1979 South Bend Common Council County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Amendments to South Bend Human Rights Ordinance Dear Council Members: HUMAN RIGHTS COMMISSION Virginia Chism Executive Director 12th fir. County -City Bldg. Phone - (219) 2849355 With this letter, the South Bend Human Rights Commission is submitting amendments to the South Bend Human Rights Ordinance to the South Bend Common Council. In the recent legislative sessions, the Indiana General Assembly amended the statute providing for local Human Rights Commissions. The proposed ordinance submitted with this letter is an attempt to conform South Bend's ordinance with the state's requirements. Major changes include the definition of the term "employer" in Section 2- 128(e), the procedure for review of decisions of the commission in Section 2- 131(1)(2), and the power to transfer and receive cases from the Indiana Civil Rights Commission and other agencies in Section 2- 131(1). Members of the Commission will be pleased to meet with Council members in caucus to discuss the proposed changes prior to public hearing. VeW truly yours, Is'adore D. Rosenfeld, Ch4a�rperson South Bend Human Rights Commission X11 tot ffnmumn (llouurd of Of 01tty of #M44 jotub: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING AND RE- ENACTING CHAPTER 2, ARTICLE IX, SECTIONS 2- 126, 2 -127, 2 -128, 2 -129, 2 -130, 2 -131 and 2 -132 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1976, ORDINANCE NO. 6003 -76 COMMONLY REFERRED TO AS THE SOUTH BEND HUMAN RIGHTS ORDINANCE. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: Section 2 -128 (1) add to the last sentence in the paragraph: "or from the date of the termination of a published and meaningful grievance procedure provided by a respondent employer, or labor union." FRANK HORVATH Chairman FREE PRESS PUBLISHING CO.