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HomeMy WebLinkAboutAmending Chapter 2 Human Rights CommissionORDINANCE No. 5619 -73 Passed by the Common Council of the City of South Bend, DECEMBER 17, 1973 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, DECEMBER ciai•• Clerk of Common Council 2cL� /�_n". -.w.,a -«i _ City Clerk IRENE K. GAMMON ORDINANCE NO. 5619 -73 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 11, SECTIONS 2 -51 THROUGH 2 -62 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1971, REDESIGNATED BY ORDINANCE NO. 5390 -72 AS ARTICLE 9 OF CHAPTER 2 OF THE CODE, BY THE SUBSTITUTION OF A NEW ARTICLE 9 OF CHAPTER 2 ESTABLISHING THE SOUTH BEND HUMAN RIGHTS COMMISSION. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend: SECTION i. Article 11 of Chapter 2 of the Municipal Code of South Bend, Indiana, 1971, adopted by the Common Council on December 13, 1965, and redesignated as Article 9 of Chapter 2 by Ordinance No. 5390 -72, is hereby amended by the substitution of the following new Article 9: Rights Ordinance. ARTICLE 9 SOUTH BEND HUMAN RIGHTS COMMISSION Sec. 2 -51 Short Title of Article This Article shall be known as the South Bend Human Sec. 2 -52 Purpose (a) It is the public policy of the City of South Bend to provide all of its citizens equal opportunity for education, employ- ment, access to public conveniences and accomodations 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, national origin or ancestry, since such segregation is an impediment to equal opportunity. Equal educa- tion and employment opportunities and equal access to and use of public accomodations 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, national origin or ancestry of such person is contrary to the principles 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, national origin or ancestry through reasonable methods is the purpose of Ordinance No. 4992 -68. (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. (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 or prospective entry into the neighborhood of a person or persons of a particular race, religion, color, sex, national origin or ancestry. (e) This Ordinance shall be construed broadly to effectuate its purpose. Sec. 2 -53 Definitions as used in this article (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, however, 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 employer does not include any not - for - profit corporation or association organized exclusively for fraternal or religious purposes, nor for any school, educational or charitable religious institution; nor any exclusively social club, corporation or association that is not organized for profit. (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 con- cerning grievances, terms of 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. (i) The Term "Discriminatory Practice" shall mean the exclusion of a person by another person from equal opportunity because of race, religion, color, sex, national origin or ancestry; or a system which excludes persons from equal opportunity because of race, religion, color, sex, national origin or ancestry; or the promotion of racial segregation or separation in any manner,tincluding but not limited to, the inducing of, as attempting to induce, for profit, any person to sell or rent any dwelling by reports regarding the entry or prospective entry in the neighborhood of a person or persons of a particular race, religion, color, sex, 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 Ordinance. (j) The Term "Public Accommodation" shall mean any establishment which caters or offers its services or facilities or goods to the general public. -2- (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 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 Sec. 2 -52 of the Ordinance. (1) The Term "Complaint" shall mean any written grievances filed by a complainant 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 of the Commission withour charge. To be acceptable by the Commission a complaint shall be sufficiently complete so as to reflect properly the full name and address of the complainant; the name and address of the respondent against whom the complaint is made; the alleged discriminatory practice and a statement of the particular thereof; is 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 whom a complaint is filed against. (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 Ordinance shall apply to all types of employment, education, public accommodation and housing. Sec. 2 -54 Human Rights Commission Created (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 -55 Appointment of Members and Meetings (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 members, 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 -3- 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. Sec. 2 -56 Powers and Duties (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, promolgate, amend and rescind such rules and regulations, procedural and substantive, as may be consistent with provisions of the Ordinance. Such rules and regulations shall be adopted in accordance with the provisions of the Ordinance as it may hereafter be amended. (d) To formulate policies to effectuate the purposes of this Ordinance 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) To receive and investigate charges of discriminatory practices or complaints. The Commission shall not hold hearings in the absence of a complaint as herein defined. All investigations of com- plaints shall be conducted by staff members of the Commission. (f) To issue such publications and such results of investigation and research as in its judgment will tend to minimize or eliminate discrimination because of race, religion, color, sex, national origin or ancestry. (g) To prepare and issue a report annually to the City Council and Mayor, describing in detail the investigation and concillia- tion proceedings it has conducted and their outcome, the progress 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 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, such power of subpoena, however, is to be exercised only upon approval of and through the Department of Law. ME 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) To state its finding of fact after a hearing and, if the Commission finds a person has engaged in an unlawful discrimi- natory practice, it may cause to be served on such person an order requiring such person to cease and desist from the unlawful discrimina- tory practice and requiring such person to take further Affirmative Action as will effectuate the purposes of this Ordinance, including but not limited to the power to restore complainants losses incurred as a result of discriminatory treatment, as the Commission may deem necessary to assure justice, provided, however, that this specific pro- vision when applied to orders pertaining to employment shall include only wages, salary or commissions not to exceed $500.00; to require the posting of notice setting forth the public policy of Indiana con- cerning Civil Rights and respondent's compliance with said policy in places of public accommodations; to require proof of compliance to be filed by respondent at periodic intervals; to require a person who has been found to be in violation 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 of other Affirmative Action as referred to in this chapter 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 Commission, 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 violation of Article 9, the Commission shall state its finding of facts and shall issue and cause to be served on the complainant an order dis- missing 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 cease and desist order issued pursuant to Sub - section (1) above. If the Commission determines that a party to a Consent Agreement is not complying with the Agreement, the Commission may obtain enforcement in a Circuit or Superior Court upon showing that the party is subject to the Commission's jurisdiction and resides or transacts business within the County in which the petition for enforcement is brought. Sec. 2 -57 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 contract with respect to his hire, tenure, -5- terms, conditions or privileges of employment, because of his race, religion, color, sex, national origin or ancestry. Breach of this covenant may be considered a material breach of the contract. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, its approval by the Mayor, and publication as required by law. Passed December 17, 1973, as amended. (bummtfur Irport go tke fltomuwn Moum l of the (Mg of Ovut4 Vrnd: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 11, SECTIONS 2 -51 THROUGH 2 -62 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1971, RE- DESIGNATED BY ORDINANCE NO. 5390 -72 AS ARTICLE 9 OF CHAPTER 2 OF THE CODE, BY THE SUBSTITUTION OF A NEW ARTICLE 9 OF CHAPTER 2 ESTABLISHING THE SOUTH BEND HUMAN RIGHTS COMMISSION. Respectfully report that they have examined the matter and that in their opinion the Ordinance should go to the Council as favorable, as amended below: In Sec. 2 -51, amend the word "Commission" to read "Ordinance" In Sec. 2 -54 (a), insert "South Bend" immediately before the words "Human Rights Commission" and amend the number of members from fifteen to nine. In Sec. 2 -55 (a), amend the number of members to be appointed by the Mayor to six and the number of members to be appointed by the President of the Common Council to three. In the last sentence, amend the number of members for a quorum from eight to five. In Sec. 2 -56 (b), strike the words "to fix their compensation ". In Sec. 2 -56 (d), in the fourth line, amend the word "at" to read "of" and the word "shall" to read "may ". In Sec. 2 -56 (i), in the fourth line after the word "Commission ", add the following: "such power of subpoena, however, is to be exercised only upon approval of and through the Department of Law." Delete the next sentence and continue on with the sentence.starting with the word "Contumacy ". In Sec. 2 -56 (i) (1), insert the words "not to exceed $500.00" immediately following the word "commissions" in the tenth line. Fp.. ..E.. r .......... <O. Committee of the Whole Report (Continued) Page 2 In Sec. 2 -56 (i) (2), amend fifteen days in the third line to thirty days and insert the following in the sixth line after the word "comply" in place of the present language: "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 appro- priate court to enforce the order." Odell Newburn Chairman