HomeMy WebLinkAboutAmending Chapter 2 Human Rights OrdinanceORDINANCE No. 6003 -76
Passed by the Common Council of the City of South Bend,
July 26 19 76
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by me f "% ,
Clerk
of Common Council
IRENE K. GAMMON
19Z
Clerk
ORDINANCE NO.1,-arj3- 76
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE
IX, SECTIONS 2- 127, 2 -128, 2 -130, 2 -131,
AND 2 -132 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA, 1976, ORDINANCE NO. 5619 -73,
COMMONLY REFERRED TO AS THE SOUTH BEND
HUMAN RIGHTS ORDINANCE.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the Citv of
South Bend, that Chapter 2, Article IX of the Municipal Code of
South Bend, Indiana, 1976, Ordinance No. 5619 -73, commonly referred
to as the South Bend Human Rights Ordinance, is hereby amended 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 nublic policy of the City of South Bend to
provide all of its citizens eaual opnortunity for education, employ-
ment, access to public conveniences and accommodations, and acouisi-
tion 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 eaual opportunities
and equal access to and use of public accommodations and eaual oppor-
tunity 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, handican, national
origin or ancestry of such person is contrary to the princip es of
freedom and equality of opportunity and is a burden to the objectives
of the public policy of this City and shall be considered as discrimi-
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, pronerty owners,
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 orosenective 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.
(d) The term "employee" shall mean anv 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, exeepl;- €hat =- the - term -emp } eyer- does - not -4n-
e }see- apy - net - €er- pre€} E- eerperai; €en- er -a5see €alien- er- assee €a� }en
organ}$ e9- exe} as# ve} y-€ er-€ ra�erna }- er- re }iQieds- pdrpeses; -nor -any
sehse }s- edaeai ;ion- er- eharii;ah }e- re }iQ# ens- insi;ii:ei: #en- ewRed- er -eee-
ddete�- hys- er- a€ €i }iai;e�- wi €h- ;- a- ehdreh -er -re }igloos- ine €iEdi:iee;
nor- apy -exe }alive }y - see} a}- E} eh;- eerpera�ien- er- asseea�iep- i;hai: -is -net
ergantaed - €er- pre €it. exce t that the term does not include an bonafi
private membership club of er t an a abor organization w ich is exem
ernai Kevenu
onal or chaF
r attiiiatea wit %, a cnurcn o
the schoo , educations or c
institution nires employees OT a particular reiigion.
(f) The term "employment agency" shall mean any person under-
taking 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 grie-
vances, terms or conditions of employment or of mutual aid or protec-
tion 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.
(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 T-romeaual opportunity because of race, religion,
color, sex, handicap, national origin or ancestry; or the nromotion of
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 prospec-
tive entry in the neighborhood of a person or persons of a particular
race, religion, color, sex, handicap, national origin or ancestry.
Every discriminatory practice re sting to the accuisition or sale of
real property, education, public accommodations or employment shall be
considered unlawful unless it is specifically exempted by this article.
(j) The term " public accommodation" shall mean any establish-
ment, or anization or authority which caters or offers its services or
facilities or goo s to t e general public, includin but not limited
to,motels, hotels, theaters, stores, ublic restaurants, public i rar
services an pu is recreationa services and facilities.
(k) The term "complainant" 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 commited against
a narcnn n+har than himealf nr a rlass of nenple in order to vindicate
so as to reflect properly the full name and address of the complainant;
the names and address of the respondent against whom the complaint is
made, the alleged discriminatory practice and a statement of theparti-
culars 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 complaint,
together with a statement as to the status or disposition of such other
action. No complaint shall be valid unless filed within ninety (90)
days from the date of the alleged act.
(m) The term "respondent" shall mean any person against whom
a complaint 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 disabi1i y. In
reference to employment, "handicap or handicapped" also 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 croups 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 Com-
mission 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.
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.
(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 theCity
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. Such rules and regulations 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, authorities, divisions,
bureaus and officers of the City may furnish the Commission, upon its
request, all records, papers, and information in their possession re-
lating to any matter before the Commission.
(e) To receive and investigate charges of discriminatory prac-
tices or complaints. The commission shall not hold hearings in the
absence of a complaint as herein defined. All investigations of
complaints shall be conducted by staff members of the Commission.
(f) To issue such publications and such results of investi-
gations 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 City Council
and Mayor, describing in detail the investigation and conciliation pro-
ceedings it has conducted and their outcome, the progress made and any
other work performed and achievements towards the elimination of dis-
crimination.
(h) To prevent any person from discharging, expelling or
otherwise discriminating against any other person because he filed a
complaint or testified in any hearing before this Commission, or in
any way assisted the Commission in any matter under investigation.
(i) To 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 concern-
ing the issuance of a subpoena. Provided, that the Department of Law
W. To 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 prac-
tice 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 complainant'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
or commissions 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 accommodations; to require proof of
compliance to be filed by the respondent at periodic intervals; to
require a person who has been found to be in violations of the South
Bend Human Rights Ordinance, and who is licensed by a State agency
authorized to grant a license, to show cause to the licensing agency
why his license should not be revoked or suspended.
(2) Judicial review of such cease and desist order or other
affirmative action as referred to in this article may be obtained.
Judicial review is instituted within thirty (30) days from receipt
of notice by a person that such order has been made by the Commis-
sion, if it determines that the person upon whom the cease and desist
order has been served is not complying or is making no effort to
comply. The Commission shall certify the case and the entire records
of its proceedings to the Department of Law, which shall invoke the
aid of an appropriate court to enforce the order.
(3) If, upon, all the evidence, the Commission shall find
that a person has not engaged in any such unlawful practice or vio-
lation of this article, the Commission shall state its findings of
facts and shall issue and cause to be served on the complainant an
order dismissing the said complaint as to such person.
(j) To 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 when so signed
the consent agreement shall have the same effect as a above. If the
Commission determines that a party to a consent agreement is not
complying with the agreement, the Commission may obtain in a circuit
or superior court upon showing that the party is subject to the Com-
mission's jurisdiction and resides or transacts business within the
County in which the petition for enforcement is brought.
(k)
t
the issuance or a Temporary Restraining Order or a Prellmi
unction when a complainant is suffering irreparable harm re
m a discriminatory practice. and when the complainant is li
to succeea on the merits or nis complaint with tae Commission. where
a Preliminary Iniunction is granted, such an order will be in full
rorce ana errect penaina the termination or proceeainas concernina
ss
SECTION 2 -132. Discrimination in performance of City contracts.
Every contract to which the City is a party, including fran-
chises 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,
William C. Gilkey
Director, Human Resources and
Economic Development
CITY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
May 5, 1976
M E M O R A N D U M
TO: Members of the Common Council
oOIUTION %2
� m
w z
� � z
/NDIANP
219/284 -9409
FROM: Janice Hall, Director of the South Bend Human Rights
Commission
RE: Amendments to the South Bend Human Rights Ordinance
The amendments to the Human Rights Ordinance which are propose
result from our efforts to keep our Ordinance in accordance with
state law, to gain for our Commission the status of federal recog-
nition under the Equal Employment Opportunity Act, and to generally
improve the functioning of the Commission so that it can more effec-
tively serve all segments of our community. An outline of these
amendments to the Ordinance follows:
1. Inclusion of the handicapped under the protection of the
Ordinance. The inclusion of the handicapped brings the
Ordinance in accordance with the recently amended state
law. As section 2 -128 (q) describes, certification as
being handicapped by the Indiana rehabilitation services
board necessarily precedes the processing of a complaint
of such a person. The last sentence of Section 2 -128 (o)
allows a handicapped person to file a complaint with the
Commission prior to being certified, however, this will
avoid a possible problem in that the ninety day limitation
period on filing a complaint will not be an impediment
should certification procedures be cumbersome and time
consuming. The certification provision basically reflects
the state law.
2. Majority to take action. Section 2 -130 (d) has been changed
from the previous provision which required concurrence of a
majority of the Commission membership to take legal or offical
action.
3. Power to subpoena and the Department of Law. The new Section
2 -131 (i) places the subpeona power exclusively with the Com-
mission with a veto power remaining with the Department of Law.
This is a change from the original provision which allowed the
exercise of the subpoena power by and through the Denartment of
Law. This change was suggested by the EEOC officers.
4. Elimination of the $500 limit for the granting of damages in
employment cases. In Section 2 -131 (i) (1), the $500 limitation
on awarding back -pay damages has been eliminated. This was
another change which was suggested by the EEOC officers.
5. Definition of "employer" changed to correspond with the Federal
Equal Employment Opportunity Act. The changes in the definition
correspond with the Equal Employment Opportunity Act.
6. Definition of "Public Accommodation" is clarified in Section
2 -128 (j) by way of listing examples of these activities which
could come within the term.
7. Definition of "person" is added to the Ordinance in Section 2 -128
(r). This definition reflects that which appears in the state
civil rights act.
8. Section 2 -131 (k) is added to permit the Commission to petition
the St. Joseph Superior or Circuit Courts for relief in emergency
situations. The Commission has in the past been operating under
the assumption that it has the authority to issue temporary
emergency orders where irreparable would result without such
prompt relief. The Commisison believes that the interest of
both Complainant and respondent would better be served by having
a court make the decision in these emergency situations.
Thank you for your attention to these important amendments.
Tomalturr 3�g}rarf
June 23, 1976
X0 24e Camutou (Qounril of tot ( ng of ovut4 Itto:
Your Committee on Human Resources and Economic Development
to whom was referred
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IX,
SECTION 2 -127, 2- 128, 2 -130, 2 -131, and 2 -132
OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA,
1976, ORDINANCE NO. 5619 -73, COMMONLY REFERRED
TO AS THE SOUTH BEND HUMAN RIGHTS ORDINANCE.
Respectfully report that they have examined the matter and that in their opinion
the proposed ordinance should be passed with the following
exceptions:
Page 4 SECTION 2 -130 part (d) there should be no change.
Page 4
Page 5
'... •rte.. •ueu..... ro.
SECTION
2 -131
part
(i)
there
should
be
no
change.
SECTION
2 -131
part
(k)
there
should
be
no
change.
Walter T. Kopczynski
Chairman