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HomeMy WebLinkAboutRepealing Chapter 12 Relating to Fair Employment PracticesORDINANCE No. 4820 -65 Passed by the Common Council of the City of South Bend, Presented by me to the Mayor of the City of South Bend, Approved and signed by December 14, 1965 Clerk Of Common Council Clerk IDEAL a FREES FILED IN CLERK'S OFFICE DEC 10195-3 KATHRYN L. BLOUGH CITY CLERK, SOUTH BEND, IND. ORDINANCE NO AN ORDINANCE REPEALING CHAPTER 12 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, BEING ORDINANCE NO. 4091 RELATING TO FAIR EMPLOYMENT PRACTICES: AND ENACTING AN ORDINANCE PROVIDING FOR THE PROHIBI_ TION OF DISCRIMINATION IN EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR ANCESTRY BY EMPLOYERS, EMPLOYMENT AGENCIES, LABOR ORGANIZATIONS AND OTHERS, AND FURTHER PROVIDING FOR THE CREATION OF THE SOUTH BEND HUMAN RELATIONS AND FAIR EMPLOYMENT I PRACTICES COMMISSION PRESCRIBING ITS DUTIES AND POWERS AND PROVIDING PENALTIES. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA AS FOLLOWS: SECTION 1. That Chapter 12 of the Municipal Code of the City of South Bend, Indiana, 1962 being Ordinance No. 4091 relating to Fair Employment Practices is hereby repealed, and the following ordinance sub- stituted therefore. SECTION 2. Be it enacted by the Common Council of the City of South Bend as follows: that this ordinance shall be known as the South Bend Human Relations and Fair Employment Practices Ordinance. SECTION 3. DECLARATION OF POLICY It is hereby declared to be the policy of the City of South Bend, Indiana in the exercise of its police power for the protection of the public welfare, health, safety and peace of the City of South Bend and the inhabitants thereof, to prohibit unfair em- ployment practices as hereinafter defined and to establish the South Bend Human Relations and Fair Employment Practices Com- mission as an administrative agency charged with the duty of effectuating the provisions and purposes of this ordinance. SECTION 4. (a) The terms `°descriminate, " "discriminates," or discrimination, whenever used in this ordinance are hereby defined and declared to mean and include discrimination solely on the ground, or because of, race, religious creed, color, national origin or ancestry, or any differences in treatment based on race, color, religion, national origin or ancestry, and include segregation, except that it shall not be discrimination for any religious or denom- inational institution to prefer members of its own religion or denomination. (b) The term "employee" whenever used in this ordinance is hereby defined to mean any person working for another, (c) The term 4°employer " whenever used in this ordinance is hereby defined as a person, one or more individuals, a partnership, association, or corporation hiring employees unless otherwise hereinafter exempted. (d) The term "labor organization" whenever used in this ordinance is hereby defined as any organization which exists and is con- stituted 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. (e) The term 1Bemployment agency" whenever used in this ordinance is hereby defined as any person, one or more individuals, a part- nership, association or corporation, which undertakes with or without compensation, to procure opportunities to wor'.c, or to procure, recruit, refer or place employees. (f) The term "commission" whenever used in this ordinance shall mean the South Bend Human Relations and Fair Employment Practices Commission created herein. (g) The term `membership" whenever used in this ordinance shall mean membership in a labor organization as hereindefined. (h) The term "religious or denominational institution" shall mean an institution which is operated, supervised or controlled by a religious or denominational organization. SECTION 5. DISCRIMINATION IN EMPLOYMENT PRACTICES PROHIBITED It shall be unlawful for employers, employees, labor organiza- tions, employment agencies or others subject to this ordinance to: (a) Discriminate against any person with regard to hire, discharge, tenure, upgrading terms, conditions or privileges of employment or membership in any labor organization solely on the grounds of race, religious creed, color, national origin or ancestry. (b) Publish or cause to be published any information, notice or advertisement relating to employment or membership which contains any specifications or limitations as to race, religious creed, color, national origin or ancestry. (c) Require of any applicant as a condition of employment or membership any information concerning his race, religious creed, color, national origin or ancestry. (d) Aid, abet, encourage or incite the commission of any dis- crimination prohibited by this ordinance. (e) Discriminate against any person because he opposed any prac- tice prohibited by this ordinance or because he made a charge, testified or assisted in any manner in any investigation, pro- ceeding or hearing as provided herein. SECTION b. The City of South Bend shall prohibit all the discriminatory practices set forth in Section 5 in all its departments; divisions, boards and commissions or the commission of said discriminatory practice by any city officials, their agents or employees acting for or on behalf of said city. The City of South Bend and all of its contracting agencies and departments shall include in all public works contracts herein- after negotiated a provision obligating the public wor';�s contractor not to commit any of the discriminatory practices set forth in Section 5 and shall require such contractor to include a similar provision in all sub- contracts. This provision shall apply to all public wor'::s contracts and said sub - contracts carried on by said city or on property under its ownership or control. SECTION 7. AUTHORIZED EXEMPTIONS Exempt from the requirements of this ordinance shall be : (a) Any employer of less than twelve people. Members of the immediate family of an employer shall not be included in deter- mining the number of employees. (b) Any bona fide religious organization whose membership or service is limited to persons of a single religious faith. (c) Any private organization having a purely social or fraternal purpose. (d) Any type of employment where or ancestry would be considered a employment. religious creed, national origin essential qualification of SECTION 8. HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION (a) There is hereby established a South Bend Human Relations and Fair Employment Practices Commission which shall consist of nine c 4 members, each of whom shall be actual good -faith residents of the City of South Bend and shall be persons of integrity and good reputation. It shall consist of nine members who are broadly U representative of the religious, racial, ethnic, economic, educational, v and political groups in the community. Eight members shall be appointed by the Mayor and one member shall be appointed by the W President of the Common Council within 30 days from the effective J date of this ordinance. 0 4J ® (b) Of the eight members first appointed by the Mayor, three shall abe appointed for one year, three for two years, and two for three a4' years: the first appointment by the President of the Common Council `" shall be for a term of t} eee years.) In the event of the death or CU W resignation of any mem er, his successor shall be appointed to serve for the unexpired period of the term for which such member $4(D had been appointed. Members of the commission may be removed by athe appointing authority. All members of the commission shall $4.0 serve without compensation and any five members of the commission shall constitute a quorum. The commission shall elect from its membership once each year a chairman, vice - chairman, and secretary. The commission shalllmold one regular meeting each month and such special meetings as the chairman may deen necessary. It shall to ": °e the concurrence of a majority of the cot - mission to tare legal or official action. SECTION 9. DUTIES OF THE COMMISSION The Commission is authorized and shall: (a) Formulate a voluntary plan of education to promote fair employment practices by employers, employees, labor organisa- tions, employment agencies and the general public to eliminate employment discrimination based on race, religious creed, color, national origin or ancestry. (b) Receive, investigate and see" to adjust all complaints of discriminatory employment practices prohibited by this ordinance. (c) Render to the Common Council and the Mayor from time to time or upon request, but not less than annually, a report of its activities. (d) Confer and cooperate with and furnish technical assistance to employers, labor organizations, employment agencies and other public and private agencies in formulating educational programs for elimination of employment discrimination based on race, religious creed, color, national origin or ancestry. In connec- tion herewith, the Commission may stimulate the establishment of committees in industry, labor or other areas. (e) Make technical studies and prepare and disseminate educa- tional material relating to discrimination and ways and means of reducing and eliminating it. (f) Make specific and detailed recommendations to the interested parties as to the method of eliminating discrimination in employ- ment. (g) Adopt such reasonable rules and procedures as are necessary to effect the purposes of this ordinance. (h) Make such investigations and studies in any field of human relations in the community as in the judgment of the commission will aid in effectuating its general purposes. (i) Inquire into incidents of division and conflict based upon discrimination because of race, color, religion, national origin or ancestry and see' - to correct the same by recommending to appro- priate agencies, either public or private, such actions as may be considered necessary or helpful in eliminating such discrimination. (j) Conduct and recommend such educational and other programs as, in the judgment of the commission, will increase good will among inhabitants of the community and assure equal opportunities in all phases of community life for all inhabitants regardless of race; color, religion, national origin or ancestry. SECTION 10. INVESTIGATION, HEARING, COMPL (a) On receipt of any complaint involving an unfair employment practice, the commission shall determine the facts and if there appears to be probable cause for complaint, the commission shall use its office to attempt an adjustment by education, concili- ation and conference. Ninety (90) days shall be allowed for this purpose. (b) If in the opinion of a majority of the commission the efforts to settle any complaint by the above enumerated raeans 'nave not ad- justed the specific complaint the commission shall cause a public hearing to be held, A notice of such hearing including the parti- culars of the complaint shall be sent to the respondent by registered mail not less than ten days prior to the day set for hearing The hearing shall be held before the commission (c) The respondent shall have the right to file an answer to the complaint and appear at such hearing to testify in his own behalf or to be represented by counsel or otherwise and to examine and cross - examine witnesses/ (d) If upon all the evidence ta'-.en; the vote shall determine that the respondent practice set forth in the complaint; the order directing the respondent to cease ment practice so found to be engaged in power to require proof of compliance commission by a majority caunitted the discriminatory commission shall issue an such discriminatory employ- The commission shall have (e) In the event the respondent refuses or fails to comply with any such order issued by the commission the commission shall certify the case and the entire record of its proceedings to the City Depart- ment of Law which shall invo':e the aid of n appropriate court to im- pose the penalties provided in Section r of this oridnance and by appropriate action enforcement of the order. SECTION 11. ADDITIONAL POWERS AND DUTIES OF THE COMMISSION i The commission is empowered: (a) To act as conciliator in matters involving race color religion national origin or ancestry. (b) To receive and investigate complaints and to initiate its own investigation of racial religious and ethnic group tensions preju- dice, intolerance, bigotry and disorder and practices of discrimination against any person because of race, color religion national. origin or ancestry, including discrimination by any city official_ or city agency against any individual corporation or assoc `_ation and to develop programs and techniques designed to bring about the elimination of such discrimination. (c) To take the testimony of any person under oath relating to any matter under investigation or in question before the commission The commission after the completion of any investigation shall. ma'-e a report in writing to the Mayor and the Common Council. setting forth the facts found by it and its recommendations and best efforts used to bring about compliance with its recommendations The commission is hereby empowered to subpoena witnesses and to subpoena documents writings and records pertinent to matters 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. (d) To recommend to the Mayor for appointment an executive director or such personnel as it may deer necessary The expenses for the carrying on of the commission s activities shall_ be paid out of the funds in the city treasury, as appropriated in the budget by the Common Council, (e) To create such advisory comiimittees and sub - committees as in its judgment will aid in effectuating the purposes of this ordinance (f) To recommend to the Mayor and Common Council. of the City of South Bend Legislation to aid in carrying out the purposes of this ordinance. (g) To submit an annual report tothe Mayor and the Common Council. of the City of South Bend, SECTION 12. RELATIONSHIP TO THE INDIANA CIVIL RIGHTS COMMISSION The commission shall when requested act in an advisory capacity to and otherwise cooperate with the Indiana Civil Rights Commission wherever possible to effect compliance with state laws SECTION J0. PENALTY Any person who shall violate any of the provisions of the ordinance pertaining to fair employment practices or any of the rules and regulations adopted thereunder pertaining to fair enpl.oyanent practices or who shall fail. refuse or neglect to comply with any order or decision of the South Bend Human Relations and Fair Empl.oyraent Practices Commission regarding fair employment practices shall. be subject for each violation to a fine not exceeding One Hundred ($100.00) Dollars; provided that prosecutions under this ordinance shall be brought only by the City Department of Law and such prosecutions shall be brought only after certification of a case to it by the commission. SECTION 14. SEVERABILITY The provisions of this ordinance are severable and if any pro- visions sentence., clause: section or part thereof shall be held illegal; invalid, unconstitutional or inapplicable to any person or circumstance such illegality invalidity unconstitutionality or inapplicability shall_ not effect or i.npair any of the remaining provisions., sentences, clauses sections or parts of the ordinance of their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal invalid or unconstitutional provisions, sentence clause section or part had not been in- cluded therein and if the person or circumstance to which the ordinance or any part thereof is inapplicable had been speci- fically exempted therefrorti. SECTION 15. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its adoption by the Common Council. of the Civil. City of South Bend 4 Indiana; its approval by the Mayor by affixing his signature to said ordinance and legal publication R 2nd READ" %Z /.3 -4 r - TTEE OF THE MIFIOLI m er of the Common Counci l ALTO HEAR MS 4 X —1 =6 d READWO NOT PPRDYED REFERRED PASSED P' -�J