HomeMy Public PortalAbout045-1986 - ORDINANCE PROHIBITING DISCRIMINATORY PRACTICES AND ESTABLISHING A RICHMOND HUMAN RIGHTS COMMISSIONTA-4� •IDPt�iL • • : .
AN ORDINANCE PROHIBITING DISCRIMINATORY PRACTICES, AND ESTABLISHING A RICHMOND
HUMAN RIGHTS COMMISSION.
WHEREAS, I.C.22-9-1-2 sets forth the policy of State of Indiana to provide all of its
citizens equal opportunity for education, employment, access to public
conveniences and accommodations, and acquisition through rental or purchase of
real property, and to eliminate segregation or separation based solely on race,
religion, color, sex, handicap, national origin or ancestry; and
WHEREAS, I.C.22-9-1-12.1(b) authorizes any city to enact an ordinance to effectuate
within its territorial jurisdiction to the public policy of the state as declared in
I.C. 22-9-1-21; and
WHEREAS, the Common Council of the City of Richmond, Wayne County, Indiana desires to
establish a local Human Rights Commission to act within the City of Richmond
and for the benefit of its citizens, in accordance with I.C. 22-9-1-12.1.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Wayne
County, Indiana as follows:
SECTION 1. That this Ordinance shall be titled the Richmond Human Rights Ordinance.
SECTION 2. The purpose of this ordinance is to declare:
(a) It is the public policy of the City of Richmond to provide all of its
citizens equal opportunity for education, employment, 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 opportunity. Equal education and employment
opportunities and equal access to and use of public accommodations and
equal opportunity for acquisition of real property are hereby declared to
be human 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 objectives of the public
policy of this City and shall be considered as discriminatory 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 Ordinance.
(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
Richmond 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, handicap, national origin or ancestry.
(e) This Ordinance shall be construed broadly to effectuate its purpose.
SECTION 3. As used in this Ordinance the following terms shall mean.
(a) The term "person" means one (1) or more individuals, partnerships,
associations, organizations, corporations, labor organizations,
cooperatives, legal representatives, trustees, trustees in bankruptcy,
receivers and other organized groups of persons.
(b) The term 'commission" means the Human Rights Commission created
under Section 3 of this Ordinance.
(c) The term "director" means the director of the Richmond Human
Rights Commission.
(d) The term "commission attorney" means the City attorney, or such
other attorney as may be engaged by the commission.
(e) The term "consent agreement" means a formal agreement entered into
in lieu of adjudication.
(f) The term "affirmative action" means those acts which the commission
deems necessary to assure compliance with the Richmond Civil Rights
Ordinance.
(g) The term "employer" means the Civil city of Richmond, and any
person employing six (6) or more persons within the City of Richmond;
except that the term "employer" does not include any not -for -profit
corporation or association organized exclusively for fraternal or
religious purposes, nor any school, educational or charitable religious
institution owned or conducted by, or affiliated with, a church or
religious institution, nor any exclusively social club, corporation or
association that is not organized for profit.
(h) The term "employee" means any person employed by another for
wages or salary: Provided, however, that it should not include any
individual employed by his parents, spouse or child, or in the domestic
service of any person.
(I) The term 'labor organization" means any organization which exists
for the purpose, in whole or in part, of collective bargaining or of dealing
with employers concerning grievances, terms or conditions of
employment, or for other mutual aid or protection in relation to
employment.
(j) The term "employment agency" means any person undertaking with
or without compensation to procure, recruit, refer or place employees.
(k) The term "discriminatory practice" means the exclusion of a person,
from equal opportunities because of race, religion, color, sex, handicap,
national origin or ancestry; or a system which excludes persons from
equal opportunities because of race, religion, color, sex, handicap,
national origin or ancestry; or the promotion of racial segregation or
separation in any manner,including but not limited to, the inducing of, or
the attempting to induce, for profit, any person to sell or rent any
dwelling by representations regarding the entry or prospective entry in
the neighborhood of a person or persons of a particular race, religion,
color, sex, handicap, national origin or ancestry. Every discriminatory
practice relating to the acquisition or sale of real estate, education,
public accommodations, employment, or the extending of credit as
"credit" is defined in I. C. 24-4.5-1-301, shall be considered unlawful
unless it is specifically exempted by this Ordinance.
(1) The term "public accommodation" means any establishment which
caters or offers its services or facilities or goods to the general public.
(m) The term "complainant' means any individual charging on his own
behalf to have been personally aggrieved by a discriminatory practice, or
the director of the 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 State of Indiana ad defined in
Section 2 of this Ordinance.
(n) The term "complaint' means any written grievance filed by a
complainant, or by the Director, 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. Notary
service shall be furnished by the commission without 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 particulars
thereof; the date or dates and places of the alleged discriminatory
practice, and if the alleged discriminatory practice 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 besed upon the same grievance as
is alleged in the complaint, together with a statement as to the status or
dispositon of such other action. No complaint shall be valid unless filed
within ninety (90) days from the date of the occurrence of the alleged
discriminatory practice, or from the date of the termination of a
published and meaningful grievance procedure provided by a respondent
employer, or labor union.
(o) The term "sex" as it applies to segregation or separation in this
Ordinance applies to all types of employment, education, public
accommodations and housing: Provided, however, that (1) it shall not be
a discriminatory practice to maintain separate rest rooms; and that (2)
is shall not be an unlawful employment practice for an employer to hire
and employ employees,for an employment agency to classify, or refer for
employment any individual, for a labor organization to classify its
membership or to classify or refer for employment any individual, or
for an employer, labor organization, or joint labor-management
committee controlling apprenticeship or other training or retraining
programs to admit or employ any other individual in any such program on
the basis of sex in those certain instances where sex is a bona fide
occupational qualification reasonably necessary to the normal operation
of that particular business or enterprise; and that (3) it shall not be a
discriminatory practice for a private or religious educational institution
to continue to maintain and enforce a policy of admitting students of one
sex only.
(p) "Handicap or handicapped" means the physical or mental condition of
a person which constitutes a substantial disability. In reference to
employment, under this Ordinance, "Handicap or handicapped" also
means 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.
SECTION 4. (a) That there is hereby created a Human Rights Commission to be known
as the Richmond Human Rights Commission of the City of Richmond,
Indiana,
(1) which commission shall be composed of seven (7) members
(2) who shall serve without compensation,
(3) who shall represent racial, ethnic, political, religious,
economic, educational, and disability awareness groups in
the community,
(4) three who shall be appointed by the Mayor and four who shall
be appointed by Common Council,
(5) which appointments shall be made not later than sixty (60)
days from the date this Ordinance shall be of full force and
effect, or from the date any vacany occurs,
(6) which appointments shall be for terms of four (4) years for
two (2) members, three (3) years for two (2) members,
two (2) years for two (2) members, and one (I) year for
one (1) member,
(7) Successors to all members of the commission shall be
appointed for terms of four (4) years excepting when
appointed to fill a vacancy in which case such appointment
shall be for the unexpired term,
(8) the Mayor, with consent of Council, may remove any member
for cause, including unexcused absence at three (3)
consecutive commission meetings, or actual or apparent
conflict of interest,
(b) The Human Rights Commission shall hold a organizational meeting
not later than ten (10) ten days after all appointments are made and
confirmed by Council and shall at its April meeting thereafter, annually,
(1) elect from their body a chairman and vice-chairman, and
(2) the commission shall meet once each month as needed
thereafter or more often as the chairman may deem
necessary, and
(3) the commission shall adopt rules of procedure for the
conduct of its meetings as determined by a majority of its
members,
(4) Hearings by the Commission shall be recorded and witnesses
shall give testimony and evidence under oath, and
(5) any person who files a complaint with the Indiana Human
Rights Commission shall have no recourse to the Richmond
Civil Rights commission concerning any of the matters
alleged in such complaint, except as provided in I.C. 22-9
-1-12.1 (d); however, nothing shall affect such person's
right to pursue any and all other rights and remedies
available in any other local, state or federal forum, and
(6) a decision of the local agency may be appealed under the
terms of I.C. 4-22-1 the same as if it was a decision of a
state agency.
(c) Although it is the intent of this ordinance to promote mediation and
conciliation, and while legal counsel for parties is not required, it shall
be the duty of the commission and its executive director to inform any
complainant or respondent of his, her, or its right to legal counsel of
choice. The City Attorney shall act as counsel in an advisory capacity to
the commission and shall not give legal advice to, nor represent any
private party in proceedings before the commission.
SECTION 5. The powers and duties of the Richmond Human Rights Commission shall be
as follows:
(a) investigate, conciliate and hear complaints;
(b) subpoena and compel the attendance of witnesses or production of
pertinent documents and records;
(c) administer oaths;
(d) examine witnesses;
(e) appoint hearing examiners or panels;
(f) make findings and recommendations;
(g) issue cease and desist orders or orders requiring remedial action;
(h) order payment of actual damages, except that paid as a result of
discriminatory practices relating to employment shall be limited
to lost wages, salaries, commissions or fringe benefits;
(i) institute actions for appropriate legal or equitable relief in a
circuit or superior court;
(j) utilize an executive director, investigator, and legal counsel as
may be provided for in the annual city budget;
(k) conduct studies, educational programs and other activities to
carry out the public policy of the city, as provided in Section 2 of
this Ordinance, within its territorial boundaries;
(1) The Richmond Human Rights Commission shall have no
jurisdiction or power over the state or any of its agencies, as
defined in I.C.22-9-1-12.1(a)
SECTION 6. Immediately upon the taking effect of this Ordinance, the Mayor shall
select and appoint a director who shall be secretary of the commission and
chief administrative officer for the commission. The director may only
be removed by a majority vote of the commission. The director shall not
engage in or have any interest in any business or activity which may
create a conflict of interest. A vacancy shall be filled within sixty (60)
days of the date of vacancy.
SECTION 7. So as to insure impartiality, not withstanding any other provisions of
this Ordinance, the Commission shall not adjudicate any complaint or
claim in which the City of Richmond, its departments, agencies, officers,
or employees are respondents; however, any claims or complaints
presented against the City of Richmond, its officers, agencies,
departments, or employees shall be promptly referred by the executive
director of the commission to an appropriate state or federal agency. The
executive director shall monitor the progress of such claims or
complaints and shall report the status periodically to the commission.
SECTION 8. That this ordinance is passed by authority of and in accordance with I.C.
22-9-1 -1 2.1 .
SECTION 9. Neither this ordinance, nor any claims or complaints presented
thereunder, shall be construed as a waiver by the city of the notice
requirements of the Indiana Tort Claims Act.
SECTION 10. If any part, word or phrase of this Ordinance, or the application thereof
to any person shall be adjudged by a court of competent jurisdiction to be
invalid, that judgment shall not invalidate the remainder of this
Ordinance.
SECTION 11. This ordinance shall be effective for claims or actions that accrue after
September 30, 1987.
SECTION 12.This ordinance shall automatically expire January 1, 1990, unless the
Common Council authorizes its effectiveness beyond that date. In the
event the ordinance expires and any cases or complaints are pending on
the date of expiration, those claims and complaints shall be referred to
the appropriate state or federal agency.
PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this —L ay
of f: (z. 1987.
sident of Commo/n Council
ATTEST:J�1
City Clfhk
PRESENTED by me to the Mayor of the City of Richmond, Indiana ,this �b day of
1987.
City Clerk
APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this ("C
te-
day of —Q cc— �� 1987.
or
ATTEST:�Y Q�t c r %Y]Lr r� �� L-e-1)
City Clerk
lnv.n;, 112,387--1
Form Prescribed by State Board of Accounts - General Form No, 99 P (Rev. 1967)
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PUBLISHER'S CLAIM
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Pursuant to the precisions and penalties of Ch. 155, Acts 1953,
I hereby certify that the foregoing account is just and correct, that the amount is legally due, er allowing all just credi an that no part
of the same has been paid.
Date: .......... I .0... . .i... , 19 .. . T Title € xX ...................
;R'S AFFIDAVIT
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before me, a notary public in and for said county and state,
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Form B36-5M
DISPOSITION OF ORDINANCE NO.V5--198 G
RESOLUTION NO. -198
by Common Council
RDINANCE N0, S—
RESOLUTI N NO.
ELSTRO
WILLIAMS
BROOKBANK
NANKIN SDN
WHITESELL
PARKER
HBTTON
Mows
BODIKER
DATE 9
Susp.rules 1st read
Title only
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DATE PASSED: e —
COMMITTEE ASSIGNMENTS:
Committee t2 b L4J Date G zzo/ -o,
Committee Hearing Date 7�/ o P
Reassigned to Council Agenda
PUBLICATION DATES: v '"�
AMENDMENTS: