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Home My Public Portal About2330-1968 - Creating A Human Relations Commissioni Ordinance No. 2330-1968 Page 2 employers cnncerning qrievancm or cx canditit zz rf ?mPloymonto W 10- mutual Ad or protectior in Y,1803n to DWOYMAO- (f� The term "empicyLent evro? I'Mudes an" On" whe, "N OT wvlln compensWon procures, recTuity, vefers jr placna W OWG- W ha term "discrivinateW Prect?70' 100ns thu ?""On "I" or refusal to extend to a person, rqoal wpvcrtuA_ ;Vse A vAcv. - V color, national origin or ancvst.y. Wory s4ch 0rY vylcti, � !sting tc the acquisition V 'so! estatt, OWIM", -u"31: *0 or emp&ywent shall be VOLSWUM UnIaWfUl VQCW by th5s Ordinance. (hMe term "puRic aoccnanontion =,Ps n; 7 A" �� K" ",A)II .-)i its servicas or fac!1002 or nods to 00 grn U i The term "conplainann" means , ly person *. : )I cn hi s own hoh& i have Wn aggrieved by d0criminstory p: actizes, Out Ws shall not provvK filing v "Commissioner,s couplaints" an define" :01q, in subseztiun ''t (jA The t3rm "Conplaint" meaus ony wxitten jriwv,Oc... MeC Q a , qp directIv with the Comp iss"on. Thn oxi,nol shill ky Acn.n anc vYAF a rotary public or other person duly auZorRY to !an W AmInAt'' take o0nonledgements. Notarial servic- AM! 4 WcAUP0 hT W CO- -'t' without Wrge. To be acceptabla bj tho Cor,-. � j j leW sufficiently comp3ete so os to raflect PrOMAY 1011 n�Pm Ond the complaWant; the full name end aedross of thE peksor gQnst whom Jo plaint is made; the alleged discrimiratory prrotf:� 3,K . statepent & tart! ulars tperpof; the date or dates of the aileged ra tii W if the 91leged discriminatory pvacLice vs of a 00HAVOY natuM between which the continuing YocrYMMY Pyactivas nie nfleqej to A ctio, -1741 occurred; and a statement as to any cth"r an c7 crirQnsi 0 0% in any othpr form based upon tho same gTievdnen vilogA in the cony3. � a statement as to the status or disposition of tke other wrtiouNo , W: shall by valid unless filed within rinety (90) Sys Dan We 0,curn,+ the alleged discriminatory practioe. W The term "Commissioners, complaint" means any written qrint4ino ! by one or more Commissioners alleging a discriminatm Pzactice c0mnit"P: against a person other than himself. To be valid A comminsionpr4s must meet the requirements set forth for other ccoplAnts in SubSOURn Ordinance No. 2330-1968 Page 3 above, except that it need not bo filed by a Cori,.:'IaLnant as defined iln Lu,..6- section (i) above.. (1) The term "owner -cc °-upa n`.'," mean,- ci:`s}+ ; r;1i •riC uol 1,,dio is :: C .t of record Cr contrast purc:has,,?r of the % 61 prop,'rty in •q:.%estion and SAY o addition continues to �Ccup; .grid .resid�t in this p� )jz,i-ty .As his or he;.. >-ri:-. cipal dwelling plane i� v tl�e ti�i:� of the al.l-g-,,d SECTION 3. COMMISSION .1't1i 16 There is hereby created a HutP.tn Rclaticni5 of f>- t?; 7,n members serving without compensa; Ion, anti '_,roadily pep -%�zentetive of the racial, ethnic, politicalt religious, er.onoini.c ;,nd edij:a :ic,tl r jroups in the :omsrranity. They shell be appointed by the M,yor wi-.h tiie at ,1-e rd consent o> +;h,-: City Council %!thin sixty (60) alays f,.orit t-he ratf� of )sa: ge ,J this O�diin;Ricp. Of the fifteen members first iipr,cAntej, i}i,f!Q Sh611 �' i:i^•.'1iStLG >" oil? `� is:'; five fo - trio years, and flare for tliz- �-ee 3. °,,1 ;; f4 ,P' each ai),xli: tr: ent shall bo for a terPi! 9f the" t yenrss 1?r a:i';E`„k ?T' Y? y !:'.. 1' ;,jgtiS It; `7UC. cessor _4iall be appointed to S'rve x;:`s:' ".;he of t!"s t r-,1 't'.'s.' whiCh t: ? irember had Imen appol-n' -1: a. T. i:e Voyrn-wilth 1 ,,onsen't of {>:e "§ t'y; Council, may remove CoFrr;issi.on b-_tS `oi' C3Ls R t `f :+' no ott',_'r rei' sk-n T';, CommIss'.on shall elect frc,m i. us . e*mbe- r,..iP F;t i is 71 3 t -q. e t i n o. , nd. th cal 1- at its April meeting a ChcArnian, v1.c:,",,; ta4 Y,,rrnn end The Cot";r!j s '-f4 shall moot once each. ":onto': and njay fioJLd :i' as thE C• cal':. <"i1 deems n2 ,cessary. The first mier,tli ricd of •4A 1—c-IrCria.s!sion shall be held wi 111 thirty (10) days after; its=.ppoi.ntment. SECTION z;. POWERS AND Dili Ii S The Cownilssi.on shall have the following Powers _,rld dude (a) ao create :M-,,otia.ittees aind el;Dt"!i^:'v;" _'`, r,r in J"�-S jtidgemi?Tat will aid' in effectuati,lr ':h pul,poses o., this Ci�Cait •?tl:r (b) To gather and di ::triliute i nfor!—iation ' nt(.'.n i-_J to imprc v-_- 3'iunar' r,: _ t Lodi ;end an hS-ovc equal opportuni-ty, (% t To reduce tens'Lons and JrGvent v`,OA-enc ? r y breekdovinss .'r lations between persons ofvai,iGus 3;i:C:� 1. ethi`ic en', rc-1),iOur s'�i<<,,<�±5. (d) To initiate or rece!i /r � comp3:Ant� and %hake inrva si.lgations o� �h��• ;,•; Of discriminatory practices. A!,! intt �:%g8t3.ons of _J,a 8 .n-Cs of s ". complaints shall be rude by the or staff i:* 3bors. (e) To prevent any person from discharging, - pell nm, or otherwis di-s criminating against any other person 'be+,ause he fil�:d a complaint or '.; st`,:`:'.Pd in a hearing before the Commission or otherwise cooperated with the Coi,,miission in the r_x rcise of its duties. (f) To discourage by Methods of persuasion and conciliation any pt= rsnn from engaging in discriminatory practices. Crdinance 2330-1968 Page 4 (g) To issue a temporary cease and desist order to preserve the status quo and prevent irreparable harm to the complainant, pending issuance of a notice of public hearing, which said public hearing shall be held no later than fifteen (15) days after the issuance- of said or& r. (h) To hold hearings on charges of discriminatory practices contained in complaints and Commissioner's complaints, to call tiwitnessos, compel their attendance, administer oaths, take testimony of persons tender oath, and require the production for examination of any books and papers relating to any matter under investigation or in question before the Corunission. (i) To state its findings of facts after a hearing and, if the Commission finds a person has engaged in an unlawful. discriminatory practice, it shall cause to be served on the person an order requiring the person to cease and desist from the unlawful discriminatory practice and requiring the person to take any further affirmative action necessary to effectuate the purposes o:c this ordinance. Providrd, no cease and desist order shall be issued against. an owner -occupant with respect to a rental in a residential building contain- ing less than four housing units, nor against any person who has taken action pursuant to a voluntary plan adopted to prevent or elimnate defacto segregation if such plan establishes no fixed numbers or percent for any racev rtaligi.on or nationality and is found by the Commission to bor:,asonably designed to prrd vent de facto segregation and consistently followed by persons privy to Vne_ plan. If, upon all the evidences the commission shall Find that a person has not engaged in any such unlawful practice or violation of this act, the !:cm - mission shall state its findings and facts and shall issue and cause to k�_- served on the complainant an order dismissing the said complaint as to such person. (j) Judicial review of such cease and desist order may be obtained in the same manner as is set forth in the Acts of the Indiana General Assembly of 1947, Sections 63-•3001-63-3030, Lures Ind,, Tana Statutes, AnnotatedL as amended. If no proceeding to obtain jucicial review is instituted within thirty (30) days from receipt of notice by a person that such order has been made by the commission, s8id commission, if it determines that the person upon whom the cease and desist ordor has been served is not complying or is making no effort Grdinance No. 2330-1968 Page 5 to comply, may request the City Attorney of the City of Richmond, Indiana, to obtain a decree of a court for the enforcement of such order in either the Circuit or Superior Court of Wayne County, Indiana, upon showing that such person is subject to the jurisdiction of the commission; that is, who resides and transacts business within the City of Richmond, Indiana. (k) 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 for of the Commissioners shall sign. When so signed the Consent Agreement shall have the effect of an order issued by the Commission and may bz enforced as provided in subsection (1) above. (1) To adopt, amend and rescind rules and regulations not inconsistent with the provisions or intent of this ordinance, but no rule shall be adopted, amended or rescinded without the advir.e and consent of the t'Iayor and the City Council. (m) To recommend to the Uayor and the City Council legislation or amendments to aid in carrying out the purposes of this Ordinance. (n) To cooperate with the Indiana Civil Rights Commission wherever possible to effect compliance with state laws. (o) To submit, at least annually, a report of its activities to tho Mayor, City Council and the Public. (p) To establish and maintain a permanent office in the City of Richmond, (q) To appoint an executive director or either staff as it may deiem necessary and to fix the compensation for these employees within the limits of funds made available to the Commission. (r) The annual report of human Relations Executive Director b, made not later than January 31, each year. SECTION 5. SEPARABILITY If any part of this Ordinance, or the application thereof to any person or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, that judgement shall not invalidate the remainder of this erZinaric;:¢. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect thirty days after its passage. Ordinance No. 2330-1968 Page 6 PASSED byA;eComon Council of the City of Richmond, Indiana, this �. day of 9 1968. President of Comwn Council Attests ;City Clerk / _) 4 a..,- PRESENTED b to ne to the Mayor of the City of Richmond, Indiana,, this day of , 1968. Ci r;y C ior, APP VED byte Mayor of the City of Rachriondr Lidiana, this 3 day of �s lc68. of Attests City Clerk