HomeMy Public PortalAbout058-1978 - To Implement the Public Policy of the State of Indiana Regarding Civil Rights of the Citizens of Richmond - DefeatedAMENDED GENERAL ORDINANCE NO.58 - 1978
AN ORDINANCE TO IMPLBENT THE PUBLIC POLICY OF THE STATE OF INDIANA REGARDING
CIVIL RIGHTS OF THE CITIZENS OF THE CITY OF RICHMOND, INDIANA.
WHEREAS, 1C (1971) 22-9-1-2 sets forth the policy of State of Indiana to be
that all of its citizens shall have an equal opportunity for education,
employment, access to public convenience, accommodations and acquisition,
through rental or purchase, of real property and to eliminate segregation or
separation based solely on race, religion, color, sex, national origin or
ancestry; and,
WHEREAS, 1C (1971) 22-9-1-12.1 (b) authorizes any city to enact an ordinance
to effectuate within its territorial jurisdiction the public policy of the
state as declared in 1C (1971) 22-9-1-2; and
WHEREAS, the Common Council of the City of Richmond, Wayne County, Indiana
desires to establish a local Civil Rights Commission to act within the City
of Richmond and for the benefit of its citizens, in accordance with 1C (1971)
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 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 civil 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 neighbor-
hood 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 2. 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 or persons.
(b) The term "commission" means the Richmond Civil Rights Commission
created under Section 3 of this Ordinance.
(c) The term "director" means the director of the Richmond Civil Rights
Commission.
(d) The term "deputy director" means the deputy director of the Richmond
Civil Rights Commission.
(e) The term "commission attorney" means the City attorney or such
assistants of the City attorney as may be assigned to the commission, er
such -other attorney-as-may-be-engaged-bar-tire-ee -s-AeR,
(f) The term "consent agreement" means a formal agreement entered into
in lieu of adjudication.
(g) The term "affirmative action" means those acts which the commission
deems necessary to assure compliance with the Richmond Civil Rights Law.
(h) The term "employer" means the state, or any political or civil
subdivision thereof, and any person employing six (6) or more persons within
the state; except that the term "employer" does not include any not -for -profit
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corporation or association organized exclusively for fraternal or religious
I
urposes, 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.
(i) 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.
(j ) 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.
(k) The term "employment agency" means any person undertaking with or
without compensation to procure, recruit, refer or place employees.
(1) 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 repre-
sentations 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
IC 24-4.5-1-301, shall be considered unlawful unless it is specifically
exempted by this Ordinance,
(m) The term "public accommodation" means any establishment which caters
or offers its services or facilities or goods to the general public.
(n) The term "complainant" means any individual charging on his own behalf
to have been personally aggrieved by a discriminatory practice or the director
or deputy director of the commission charging that a discriminatory practice
was committed against a person, other than himself, or a class of people, in
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order to vindicate the public policy of the State of Indiana as defined in
Section 1 of this Ordinance.
(o) The term "complaint" means any written grievance 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 acknowledgements. 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 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 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. Wherein
complainant has been actively pursuing a complaint with any agency created
pursuant to Section 12.1 (IC 22-9-1-12.1), the ninety (90) day limit shall
commence upon notification to the complainant of the agency's final decision.
(p) 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) it 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 dis-
criminatory practice for a private or religious educational institution to
continue to maintain and enforce a policy of admitting students of one sex
only.
(q) "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 3. (A) That there is hereby created a Civil Rights Commission to be
known as the Richmond Civil Rights Commission of the City of Richmond, Indiana,
(a) which commission shall be composed of nine (9) members,
(b) who shall serve without compensation,
(c) who shall represent racial, ethnic, political, religious, economic,
and educational groups in the community,
(d) who shall be appointed by the Mayor with the advice and consent of
the City Council,
(e) which appointments shall be made not later than sixty (60) days from
the date this Ordinance shall be of full force and effect,
(f) which appointments shall be for terms of (3) three years for (3) three
members, (2) two years for (3) three members, (1) one year for (3) three
members,
(g) and upon the expiration of any of the first term, appointments for
successive terms shall all be for (3) three year terms,
(h) and should any member die, resign or otherwise be unable to serve for
the full term of their appointment, a successor shall be appointed to serve
the unexpired portion of that vacated term.
(i) The Mayor, with consent of Council may remove any member for cause.
(B) The Civil Rights Commission shall hold an organizational meeting not
later than (10) ten days after all appointments are made and confirmed by
Council and shall at its April meeting thereafter, annually,
(a) elect from their body a chairman, vice-chairman, and secretary, and
(b) the commission shall meet once each month thereafter or oftner as
the chairman may deem necessary, and
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(c) the commission shall adopt rules of procedure for the conduct of
its meetings as determined by a majority of its members, and
(d) any person who files a complaint with the Indiana Civil Rights
Commission shall have no recourse to the Richmond Civil Rights Commission
concerning any of the matters alleged in such complaint; however, nothing
shall affect such person's right to pursue any and all other rights and
remedies available in any other state or federal forum, and
(e) a decision of the local agency may be appealed under the terms of
IC 4-22 the same as if it was a decision of a state agency.
SECTION 4. The powers and duties of the Richmond Civil Rights Commission
shall be as follows:
(1) investigate, conciliate and hear complaints;
(2) subpoena and compel the attendance of witnesses or production of
pertinent documents and records;
(3) administer oaths;
(4) examine witnesses;
(5) appoint hearing examiners or panels;
(6) make findings and recommendations;
(7) issue cease and desist orders or orders requiring remedial action;
(8) order payment of actual damages, except that damages to be paid as
a result of discriminatory practices relating to employment shall be limited
to lost wages, salaries, commissions or fringe benefits;
(9) institute actions for appropriate legal or equitable relief in a
circuit or superior court;
(10) empley-aR-exeextive-difeete-r-end.-ether-staff-ge-FseARel;
(11) adopt rules and regulations;
(12) initiate complaints, except that no person who initiates a complaint
may participate as a member of the agency in the hearing or disposition of
the complaint, and
(13) conduct programs and activities to carry out the public policy of the
state, as provided, in Section 1 of this Ordinance, within the territorial
boundaries of a local commission.
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SECTION 5. That Ordinance No. 2755-1972 and Ordinance No. 2330-1968, also known
as Chapter 45 of the Municipal Code of Richmond, Indiana, are hereby repealed,
and this Ordinance being Ordinance No. H-1978 shall become and be designated
as Chapter 45.1 of the Municipal Code of the City of Richmond, Indiana, and
(a) all records of the Human Relations Commission of the City of Richmond shall
be delivered to the Secretary of the Civil Rights Commission of the City of Richmond;
and
(b) any action or proceeding before or begun by the Hunan Relations Commission
before the effective date of this Ordinance which would have been valid under this
act is hereby validated and shall if appropriate be pursued by the Civil Rights
Commission hereby created.
SECTION 6. That this Ordinance is passed by authority of and in accordance with
IC 22-9-1-12.1.
SECTION 7. 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 8. That this Ordinance shall be in full force and effect from and
after the passage and adoption and publication as provided by law.
PASSED and ADOPTED by the Common Council of the City of Richmond, Wayne County,
Indiana, this day of , 1978.
President of Common Council
ATTEST:
City Clerk
PRESENTED by me to the Mayor of the City of Richmond, Indiana this
day of , 1978.
City Clerk
APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana
this day of , 1978.
Mayor
ATTEST:
City Clerk
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of RiC,y 0
�NOI AN/
FC14n .. "� 1.,r_,��
April 28, 1982
d
Councilman Marion �r:illiams
City of Richmond, Indiana
Dear Councilman Williams:
On September 26, 197Y, the Court of Appeals of Indiana First
District, issued its decision in Indiana University v. Ieva
Hartwell and the Dloomin ton Human Rights Commission
(367 NE 2d 1090), in which the Court declared unconstitutional
IC 22-9-1-12 which aithcrized the creation of local. human rights
commissions.
As a result of thi,: i'z se, our Ordlnarice No. 2330-1968, as
amended by OrdinL!i�(�� 1,0. 2755-197,", the Human Rights
Ordinance, was nut;-, ,,-oid, and of no effect as there existed
no legitimate stat,.'.: r•y authority for the establishment of
the local Human 'Pf ions Ccmmis -.on.
In 1978 the Ind1a:-i. neral_ Ascer.bl.y repealed TC 22-9-1-12
and passed IC 22-9- ! --1.2 . 1.
As a result of th -,-,ding cf unconstitutionality in the case
above, our Ordinur:,.c Ndo. 58-1.978 was drafted to conform with
the new law, IC 2 _-`) '-12.1 (11E No. 1060) to create the
Richmond Civil Rl�i:4; . Ccmrai-sion. This ordinance as drafted
and presented to t� k r orr_mon Council meets tho standards of
the new law (IC 1-12.1).
i e r ly
f
Edward N. An erscz;, `.t=:torr��y
for the City of
ENA: er
cc: All Councils.
a OF R 1 CH
~ �Z
N INTER -OFFICE
MEMO
NEW
'4'O1 ANr
BATE: May 6, 1982
TO: Donald E. Meredith
F'a: Barbara Barnhi zer
SUBJECT: Your letter of may 5th
COFY TO:
In the past five years, there has peen approximately 40
citizens request :assistance of the City concerning dis-
crimination complaints concerning employment(primarily)and
housing in two instances.
_1) Indiana Employment Security sends individuals who apply
for unemployment beneFits, and Cool that they have been
discriminated against, to the local LEO iirector.
1) The EEO Director discusses "ith that individual the,
federal, state, or local stNtute hhich deals with
the type oF discrimination the individual alleges
(unless, no such regulations exist).
?) If the individual wishes to pursue the grievance,
the local EEO Director gives them a form for either
the Equal Employment Opportunity Commission or the
Indiana Civil Rights Commission to fill out and send
to that agency. If the individual requires assistance
in filling out the form, the LEO Director assists them.
The proper addresses of the two organizations and phone
numbers are given the individual.
l,) nmployces from factories, supermarkets, retail businesses,
resturants, etc. have come to the City EEO Director for
assistance. 17 one case the fact"ry (Connersville Philco-
Ford) sent the individual. in an"ther case the union Q 1 M)
send the empioyuc. In most case,, the employee comes to the
City Building ind they Nye sent iin to Qw EEO Oft ice,
State agencies / FedyrN1 A6'enciC_,
Any person iho IuwK Wt thwty 1Ax1 on di`crlIll'kntPd aSain`�t
can apply directly to:
Al The Indiana Civil nights (pmmi �n HHdianQ
311 hest Washington Strua
Indianapolis, Indiana
Donald Meredith
a
it
3) State :affirmative :'fiction 7ffic(,
311 West Washington St.
Indianapolis, 1 nd ian i
L J Civil Service Comm i s s i "n
4h F. Ohio St .
Indianapolis, Indinna
Pj Equal Employment Opportun i tj r.;,MMis_; ion
46 E. Ohio Si.
Indianapolis, Indiana
F) office of 0dera l Contract Compliance (OFFCI' 1
Mr. Joe Ke nned),
North East OC icer
Bldg. 41
Fort Ben1amin Harrison,
Indianapolis, Indiana
F) Department o f I,ahor
Room 418 Federal Courts Bldg.
40 F. Ohio A.
lndianapoli , Indiana
(;I Hupartment of II"ubing h Khrin WVClopinclit
151 North Dci.Iv re Q .
P.O. Box 701
inilianApo1 i . Indinna
i) Chicago lopprt",ant 0f P "ll: :HY Hvhan ocvclopIlust
Regional OFFicc
300 S. iVao_l.cr i11 iv ,
Chicago, 111 irci
1 ) U.S. kquNI i pioililpW -;`�_%, tui 11 Y CuP,wI I011
Isou "G" Si.
Washington, P.C.
Office OF Fcdcr..l Contr:icl t "� nl i,incc
U.S. Department of I,N u i
Washington, P.(,.
20210
K) The local N:A:AA
Airs. Mamie 1iri ht
9lb N. 11tit St.
Richmond, iniliAnr:
L) Circuit: CuHvt 'llun'.,
(when law hNn I uen hrokuli in i,1t in
I n it i t l d i l l 1 f I p h t s l .
16
director of this decision was later fired and now faces a
prison term for fraud. March 22, 1977, I along with Archie
McCown filed charges with the Department of Housing and Urban
Development, also with the Department of Justice, the charges
were discrimination and assurance compliance violation, these
charges were filed against the City of Richmond and the Re-
development Commission. They received $1.3 million and denied
receiving the money. April 3, 1979, I received a letter from
H.U.D. The finding was the City was guilty of discrimination
and requesting them to seek out a settlement with myself and
McCown.
H.U.D. released $955,000 to the City with the requirement that
the money could not be spent in no other section but North
Richmond. Why did H.U.D. make this request from the City of
Richmond? Why has the',City of Richmond, Hud and the Indiana
Civil Rights Commission after six and a half (6-1/2) years not
resolved this case.?
Robert "Bobby" Smith
Executive Secretary "Facts"
l7 J
RFS :mlc�
Council President Kenneth Mills, at the May 04, 1982 meeting
requested a continued public hearing for the four (4) year
old ordinance proposing creation of a Richmond Civil Rights
Commission. President Mills request quote was "to give three
members of the council who had been elected 4r appointed
since 1978 more time to study this ordinance". What kind of
special treatment has he given to the citizens concerning
this ordinance? None. The authority vested in the Civil
Rights Act of 1964, passed by the Congress of the United
States, was to give equal treatment to all citizens. Has the
City of Richmond Officials given all of its citizens equal
treatment? Of course not. Disparate treatment or unequal
treatment has been imposed against the poor and blacks of
this city. This being true the question concerning this
ordinance and city council is the need for such an ordinance,
contrary to the pious uttering of local officials and members
of the "establishment" Richmond has it share of political,
social and economic corruption.
In conclusion I make the following suggestion to President Mills
and members of council:
Request the following documentary evidence from the Mayor and
City Attorney, the charge of discrimination I filed along with
Archie McCown December 15, 1975, with the political scandal
ridden Indiana Civil Rights Commission. The wording of these
charges were exactly the same. McCown received a probable
cause of discrimination, I _received a no probable cause. I
appealed this decision and received a probable cause. The