HomeMy Public PortalAbout2731-1972 - Stricken - Repealing Ordinance No. 2330-1968 - Enacting a new Human Rights OrdinanceORDINANCE NO. 2731-1972
AN ORDINANCE REPEALING ORDINANCE NO. 2330-1968 AND ENACTING A
NEW HUMAN RIGHTS ORDINANCE AS AUTHORIZED BY THE GENERAL ASSEM-
BLY OF THE STATE OF INDIANA, ACTS 1961, c. 208, s.12, AS AMEND-
ED BY ACTS 1971, P.L. 357, s. 8, THE CITY COUNCIL OF THE CITY
OF RICHMOND ENACTS THE FOLLOWING ORDINANCE CREATING A HUMAN
RIGHTS COMMISSION AND EXTENDING TO ALL THE RESIDENTS OF THE
CITY OF RICHMOND EQUAL OPPORTUNITY FOR EDUCATION, EMPLOYMENT,
ACCESS TO PUBLIC ACCOMMODATIONS AND CONVENIENCES AND ACQUI-
SITION THROUGH PURCHASE OR RENTAL OF REAL PROPERTY.
SECTION 1. Public Policy and Purpose
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 con-
venience, 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, national origin or ancestry, since such seg-
r-egation 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 and hereby declared to be civil rights.
b. The practices of denying these rights to persons
becuase of race, religion, color, sex, national
origin or ancestry is contrary to the principles
of equality in opportunity and is a burden to the
objectives of the public policy of the City
of Richmond and shall be considered as dis-
criminatory practices. The promotion of equal
opportunity without regard to race, religion,
color, sex, national origin or ancestry through
reasonalbe methods is the purpose of -this or-
dinance.
c. It is also the public policy of this City of
Richmond 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 prespective entry into the neighborhood of a
person or persons of a particular race, religion,
color, sex, national irigin or ancestry.
e. This ordinance shall be construed broadly to ef-
fectuate its purpose.
SECTION 2. Definitions
As used in this ordinance unless the context clearly requires
otherwise:'
a. The term "commission" shall mean the Richmond
Human Rights Commission hereinafter created.
b. The term "director" shall mean the director of
the Richmond 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 or voluntarily lends his services to
the Commission.
d. The term "person" includes one or more individuals,
partnerships, associations, organizations, cor-
porations, labor organizations, cooperatives, legal
representatives, mutual companies, jointstock
companies, unincorporated organizations, trustees,
trustees in bankruptcy, receivers, fiduciaries,
and other groups of persons. The foregoing in-
cludes members, representatives, officers, directors,
and agents.
The term "employer" includes any person employing
six (6) or more employees within the city and in-
cludes the City and any subdivision thereof; except
that the term "employer" does not include any not -
for -profit corporation or association organized
exclusively for fraternal or religious purposes,
or 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.
f. The term "employee" includes 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.
g. The term "labor organization" includes any organi-
zation 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.
h. The term "owner" includes the lessee, sub -lessee,
assignee, managing agent, or other person having the
right of ownership or possession, or the right to
sell, rent, or lease any real property.
i. The term "real estate broker" includes any person,
partnership, association, or corporation who for a
fee or other valuable consideration, sells, pur-
chases, exchanges or rents, negotiates or offers or
attempts to negotiate, the sale, purchase, exchange
or rental of the real property of another, or holds
himself out as engaged in the business of selling,
purchasing, exchanging, or renting the real property
of another, or collects rental for the use of real
property of another.
The term "real property" includes any building,
structure, or portion thereof which is occupied as,
or designed or intended for occupancy as a resi-
dence by one or more persons, transient or non -
transient, and includes improved and unimproved com-
mercial real estate, office buildings, lands, tene-
ment apartments, single-family and multi -family
dwellings, mobile homes and non -mobile homes, fa-
cilities, corporeal -and incorporeal and property
owned, leased or managed by the city or any sub-
division thereof including but not limited to pub-
licly assisted housing.
2.
k. The term "educational institution" includes all
public and private schools and training centers
except those affiliated with religious institutions
which may give preference to members of their re-
ligious group in selecting their students.
1. The term "employment agency" include any person
undertaking with or without compensation to procure,
recruit, refer, or place employees.
M. The term "discriminatory practice" shall mean the
exclusion of a person by another person from equal
opportunities because of race, religion, color, sex,
national origin or ancestry; or a system which ex-
cludes persons from equal opportunities because of
race, religion, color, sex, national origin or an-
cestry; or the promotion of racial segregation or
separation in any manner, including but not limited
to, the inducing of, or 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, 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.
n. The term "public accommodation" means any establish-
ment which caters or offers its services or facili-
ties or goods to the general public.
The term "complainant" means any individual charging
on his own behalf to have been personally aggrieved
by a discriminatory practice or the director or a
Commissioner of the Richmond Human Rights 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 Richmond as defined in Section 1 of the
ordinance.
p. 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 ad-
minister oaths and take acknowledgments. Notarial
service shall be furnished by the Commission without
charge. To be acceptable by the Commission a com-
plaint shall be sufficiently complete so as to re-
flect properly the full name and address of the
Complainant; the name and address of the Respondent
against whom the complaint is made; the alleged dis-
criminatory practice and a statement of particulars
thereof; the date or dates and places of the alleged
discriminatory practice, and if the alleged dis-
criminatory practice is of a continuing nature, the
dates between which said continuing acts of discrimi-
nation 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 of 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 published and meaningful
grievance procedure provided by a Respondent em-
ployer, or labor union.
3.
k. To state its f indings of fact after a hearing and,
if the Commission finds a person has engaged
in an unlawful discriminatory practice, it
may cause to be served on such person an order
requiring such person to cease and desist from
the unlawful discriminatory practice and requiring
such person to take further affirmative action in-
cluding but not limited to restoring the claimant's
losses as will effectuate the purposes of this
ordinance. If the Commission finds that a person
has not engaged in any such unlawful practice or
violation of this ordinance, the Commission shall
state its findings of facts and shall issue and
cause to be served on the Complainant an order
dismissing the said. complaint as to such person.
1. When a hearing is conducted by the full Com-
mission or a majority of the full Commission,
the Commission may rule immediately on the
complaint or take the case under advisement
and make a final determination or order at
a later time.
2. When a hearing is conducted by less than a
majority of the Commissioners or by a Hearing
Officer, it shall be conducted in the same
manner provided for a hearing before the full
Commission except that instead of making a
final order or determination the Commissioner(s)
or Hearing Officer shall make a recommendation
as to the findings of fact, conclusions of law,
and order to be adopted by the Commission. Such
recommendation shall be filed with the full
Commission and notice of such filing shall be
given all parties. Any interested and affected
party may file objections to the recommendation
w t1jin ten (10) days with the full Commission.
The Commission shall decide whether to adopt
or modify the recommendation, refer the case
back for further hearing based on the objections
so filed, or set the case for hearing before
the full Commission.
1. Judicial Review of such cease and desist order or
other affirmative action or damages as referred to
in this Ordinance shall be obtained in accordance
with the provisions of Ind. State. Ann 63-3001--
63-3030 (Burns' 1961) as may hereafter be amended,
If no proceedings to obtain judicial review is in-
stituted within fifteen (15) days from receipt of
notice by a person that such order has been made by
the Commission, 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, may obtain a decree of a court for
the enforcement of such order in the Wayne County
circuit or superior court upon showing that such
person is subject to the Commission's jurisdiction
and resides or transacts business within the county
in which the petition for enforcement is brought.
M. To review compliance of all Consent Agreements ap-
proved by the Commission. If the Commission deter-
m�nes that a party to the Consent Agreement is not
complying with the terms of the Consent Agreement,
the Commission may.obtain enforcement of the Consent
Agreement in the Wayne County of circuit or superior
court upon showing that the party is not complying
with the Consent Agreement, and the party is subject
q. The term "consent agreement" shall mean a formal
agreement entered into in lieu of adjudication.
r. The term "affirmative action" shall mean those acts
which the Commission deems necessary to assure
compliance with the Richmond Human Rights Ordinance.
s. The term "sex" as it applies to segregation or
separation in this chapter shall apply 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 or dressing rooms; and That (2) it shall
not be an unlawful employment practice for an employ-
er 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 refer for employment any individual,
or for an employer, labor organization, or joint
labor-management committee controlling apprentice-
ship or other training or retraining programs to
admit or employ any 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 ad-
mitting students of one sex only.
SECTION 3. Commission Created - Membership - Terms
There is hereby created a Yuman Rights Commission
composed of nine (9) members who are residents of
the City of Richmond and are representative of the
racial, ethnic, religious, economic, and educational
groups in the community. They shall be appointed
by the mayor with the advice and consent of the
City Council within thirty (30) days after the ef-
fective date of this ordinance. Of the nine (9)
members first appointed, three (3) shall be appointed
for one (1) year, three (3) shall be appointed for
two (2) years, and three (3) for three (3) years.
Thereafter each appointment shall be for a term of
three years.
The first meeting of the Commission shall be called
by the member first appointed within sixty (60) days
after the effective date of this ordinance. At its
first meeting and at each annual meeting held there-
after, the Commission shall organize by the election
of a chairman, vice-chairman, and secretary from its
membership, each of whom, except those first elected
shall serve for a term of one (1) year and until
his successor is elected. The Commission shall meet
once each month at a regularly published time and
shall hold special meetings as the chairman deems
necessary or at the request of a majority of its
members. The April meeting shall be the annual meet-
ing.
C. It a member dies or resigns, his'or her successor
shall be appointed to serve the unexpired period of
the term to which his or her predecessor had been
appointed. The mayor may remove Commission members
for cause but for no other reason.
4.
d. The expenses for carrying on the Commission's
activities shall be budgeted for and paid out of the
funds in the city treasury, appropriated by the
City Council for such purposes; however, the Com-
mission shall also have the authority to accept
gifts or bequests, or other payments, public or
private, to help finance its activities.
SECTION 4. Powers and Duties
The Commission shall have the following powers and duties:
a. To establish and maintain a permanent office in
the City of Richmond.
b. To appoint an executive director, attorneys, staff,
or other agents as it may deem necessary, to fix
their compensation and to prescribe their duties.
All employees shall be appointed by the Commission.
C. To create subcommittees and advisory committee as
in its judgement will aid in effectuating the pur-
poses of this ordinance.
To adopt, promulgate, amend, and rescind rules and
regulations, procedural and substantive to effectuate
the purpose of this ordinance and to make more
specific the proceudres deemed necessary for orderly
and equitable disposition of complaints. Such rules
and regulations shall be adopted by the Commission
in accordance with the provisions of the Municipal
Code of the City of Richmond as it may hereafter be
amended. The rules and regulations of the Commission
shall be available to the public at the office of
the mayor.
e. To issue such publications and such results of in-
vestigation and research as in its judgment will
tend to minimize or eliminate discrimination because
of race, religion, color, sex, national origin or
ancestry.
f. To prepare and issue a report annually to the City
Council and mayor, describing in detail the investi-
gations, and conciliation proceedings it has con-
ducted and their outcome, the progress made and any
other work performed and achievements towards the
elimination of discrimination.
To formulate policies to effectuate the purposes of
this ordinance and make recommendations to the city
and its subdivisions to effectuate such policies.
The several departments, commissions, boards,
authorities, divisions, bureaus, and officers of the
city and its subdivisions shall furnish the Com-
mission, upon its request, all records, papers,
and information in their possession relating to
any matter before the Commission.
h. To make a prompt and full investigation of each complaint
of an unlawful discriminatory practice. The Commission shall
not hold hearings in the absence of a complaint as herein
defined in Section 2 (m). Commissioners or staff members
who conduct an investigation of a complaint shall not communi-
cate their opinion or details of their investigation to any
Commissioners who may ultimately hear the complaint. 1. In the
event the Commission has a prof. staff, the investigation shall be conducted
by a staff member who shall present his or
her findings to a Determining Commissioner
appointed by the Chairman of the Commission
on a rotating basis.
If after evaluating the investigation, the
Determining Commissioner finds there is no
probable cause to believe the allegations
made in the complaint to be true, he shall
subm-At his findings and recommendations to
the Commission in writing and the Complain-
ant shall be furnished a copy of the
findings and recommendation. The Complainant
shall be given ten (10) days to make a
written request, with reasons therefore,
to the Commion for review of the finding
of no probable cause. Upon the receipt
of such request, the Chairman of the Com-
mission shall appoint a Reviewing Commision-
er who shall review Complainant's request
and whose decision will he binding and
final. A Commissioner appointed as either
Determining Commissioner or Reviewing
Commissioner shall be disqualified from
further participation in the case in ques-
tion.
ii. If after investigation, the Determining
Commissioner finds there is probable
cause to believe the allegations in the
complaint to be true, a staff member shall
attempt to remediate the matter through
conciliation and to reduce the terms of the
remediation to writing to be called a
Consent Agreement to which the parties shall
sign. Upon approval by a majority of the
Commissioners, which shall be evidenced
by their signature theron, the Consent
Agreement shall have the same effect as a
cease and desist order.
iii. If after a finding of no probable cause, a
staff member is unable to successfully
remediate a complaint into a Consent
Agreement, or if after reviewing a Complain-
ant's writt-en requcsr +nsuant.to Section
4 h l(i) the Reviewing Commissioner de-
termining Commisioner determines that prob-
able cause did exist, the Commission shall
hold a public hearing before the other mem-
bers of the Commission to determine
whether or not an illegal act of discrim-
ination did occur.
2. In the event the Commission does not have a
professional staff, the investigation of a
complaint shall be conducted by a Commissioner
appointed by the chairman of the Commission on
a rotating basis. A Commissioner who conducts
an investigation shall be disqualified from
hearing and making a final decision on the com-
plaint but may appear as a witness at a
public hearing on the complaint.
i. If after investigation, the Investigating Com-
missioner determines there is no probable
cause to believe the allegatinns made in the
complaint to be true, the Complainant shall
be furnished a copy of the Commissioner's
finding of fact and recommendations to
Commission. Should the Commission accept
the Investigating Commmissioner's finding of no
probable cause, the Commission shall so advise
the Complainant in writing. The Complainant
shall be given ten (10) days to make a written
request with reasons therefore, to the Commission
for review of the finding of no probable cause.
upon the receipt of such request, the chairman
of the Commission shall appoint a Reviewing
Commissioner who shall review Complainant's
request. If the Reviewing Commissioner shall
reach the same decision as the Investigating
Commissioner, the decision shall be binding
and final. A Commissioner appointed as Re-
viwing Commissioner shall be disqualified
from further participation in the case in
question. if the Reviewing Commissioner
finds that there is probable cause to believe
the allegations in the complaint to be true,
he shall attempt to resolve the question through
remediation, presenting recommend,z7;ons to
the Commission. The Commission may accept
a consent agreement proposed by the Reviewing
Commissioner, request changes in the Consent
Agreement proposed by the Reviewing Commissioner,
or forward the matter to public hearing.
Should the Reviewing Commissioner be unable
to resolve the dispute, the matter will be
forwarded to public hearing. Should the
Commission reject the Investigating Commissioner's
finding of no probable cause, the Investigating
Commissioner shall attempt to .r,_,0j.Ve the
matter through remediation,presenting'a Consent
Agreement to the Commission. The Commission shall
then order the Consent Agreement as proposed
by the Investigating Commissioner, request
changes in the consent agreement to be made by the
Investigating Commissioner or forward the matter to
public hearing. Should t",c ravestigating
Commisioner be unable to resolve the matter
through remediation following a rejection
of the Investigating Commissioner's finding
of no probable cause by the Commission, the
matter will be forwarded to public hearing.
ii If after a finding of probable cause by the
Investigating Commissioner, the Investigating
Commissioner is unable to successfully remediate
a complaint into a Consent Agreement, the Commission
shall hold a public hearing before the other
members of the Commission to determine whether
or not an illegal act o� discrimination did occur.
j. To hold public hearings, subpoena witnesses, compel
their attendance, administer oaths, take the testimony
of any such person under oath, and to require the
production for examination of any books and papers
relating to any matter under investigation or in
question before the Commission.
1. The Commission may make rules as to the
issuance of subpoenas by individual Commissioners.
Contumacy or refusal to obey a subpoena issued
pursuant to this section shall constitute a con-
tempt. A citation of contempt may be issued upon
application, by the Commission to the Wayne County
circuit or superior court, or judge thereof.
2. The Commission shall serve upon the person charged
with having engaged or engaging in the discriminatory
practice hereinafter referred to as the Respondent,
a statement of the charges made in the complaint
and a notice of the time and place of the hearing.
The hearing shall be held not less than fifteen
(15) days and not more than sixty (60) days after
service of the statement of charges, unless waived
by mutual consent of the Complainant, the Respondent,
and the Commission. The Respondent shall have the
right to file an answer to the statement of charges.
Every party shall have the right to appear at the
hearing in person or to be represented by an attorney
to present evidence, and to examine and cross-
examine witnesses.
3. A public hearing shall be presided over by one or
more Commissioners or by a Hearing Officer appointed
by the Commission for this purpose. A Presiding
Commissioner or Hearing Officer shall have the power
to rule upon offers of proof and receive relevant
oral or documentary evidence, take or cause de-
positions to be taken, regulate the course of the
hearing and conduct of the parties, hold informal
conferences for the settlement or simplification
of the issues by consent of the party or parties,
and dispose of procedural motions and similar matters
A public hearing shall be conducted in an informal
manner and without recourse to the technical common-
law rules of evidence required in proceedings in
judicial courts, and such manner of proof and intro-
duction of evidence shall be deemed sufficient and
shall govern the proof, decision, and administrative
or judicial review of all questions of fact if
substantial, reliable, and probative evidence sup-
ports the Commission's determination. Evidence
which is irrelevant, immaterial or unduly repiti-
tious shall be excluded. No evidence shall be re-
ceived except upon reasonable opportunity for all
parties to be present.
The Commission shall cause a record of the hearing
to be made. The transcript of testimony adduced
and exhibits admitted together with the notice, all
pleadings, exceptions, motions, requests and papers
filed, other than briefs or arguments of law shall
constitute the complete record of such hearing and
determination. Any party may obtain a copy thereof
at his or her expense.
6. All final orders and determinations of the Commis-
sion shall be made by a majority of the full Com-
mission as evidence by their signatures thereon.
All hearings shall be held within the City of
Richmond unless otherwise ordered by the Commission.
to the Commission's jurisdiction and resides or
transacts business within the county in which the
petition for enforcement is brought.
To issue a termporary emergency order against any
person requiring such person to do an act preserving
the possibility of a remedy for a complaint or to
refrain from doing an act damaging the possibility
of a remedy during the investigation of the com-
plaint; Provided however;
That no temporary emergency order shall be
issued unless a time and place for hearing
on the temporary emergency order is design-
ated in the order;
That the hearing on the temporary emergency
order shall be held within fifteen (15) days
following the issuance of the temporary order,
unless continued by the Commission at the re-
quest of the Respondent. At such hearing the
Complainant shall show that a failure to
continue the temporary order would damage
Complainant's remedy. The Commission shall
therefore weigh the comparative hardship to
Complainant and Respondent and issue a de-
cision continuing or terminating the temporary
emergency order, pending final disposition of
the complaint. The Respondent may waive said
hearing without prejudice to his defense of
the matters charged in the complaint, in which
case the temporary order shall remain in effect
pending final disposition of the complaint.
The Commission may by rule provide for issuance
of its temporary order by a single member of
the Commission, and it may compel complaince
with any such Temporary Order by bringing a
proceeding in any circuit or superior court
for prohibitory or mandatory injunction upon
showing that such person is subject to the
court's jurisdiction, resides or transacts
business within the county in which the pro-
ceeding is brought, and that such injunction
is necessary to protect the Complainant's
rights under this ordinance until his com-
plaint is resolved.
o. To prevent any person from discharging, expelling
or otherwise discriminating agair_st 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 its investigation.
SECTION 5. City Contracts: Contractors
Every contract to which the city or any of its politi-
cal or civil subdivisions is a party, including
franchises granted to the public utilities, shall
contain a provision requiring the contractor and
his sub -contractors 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, terms, conditions or
privileges of employment of any v.-tter directly or
indirectly related to employment, because of his
race, religion, color, sex, national origin or an-
cestry. Breach of this covenant may be considered
a material breach of the contract.
SECTION 6. Construction of the Ordinance and the Rules and
Regulations
This'Ordinance and any rules or regulations pro-
mulgated pursuant to this Ordinance shall be broadly
construed to accomplish the purpose of this Or-
dinance and the policies of the Commission.
SECTION 7. Severability
The provisions of the ordinance are severable and,
if any provision, sentence, clause, section or parts
thereof is held illegal, invalid, unconstitutional
or inapplicable, it shall not affect or impair any
of the remaining provisions, sentences, clauses,
sections, or parts of the ordinance or their appli-
cation to other persons or circumstances. It is
hereby declared to be the legislative intent that
this ordinance would have been adopted if such il-
legal, invalid, or unconstitutional provisions,
sentences, clause, section, or part had not been
included therein.
SECTION 8. This ordinance shall be in full force and effect from
and after is passage, approval and publication accord-
ing to the laws of the State of Indiana.
PASSED by the Common Council of the City of Richmond, Indiana,
this day of , 1972.
Attest.
ity Cler
President, Common Council
PRESENTED by me to the Mayor of the City of Richmond, Indiana,
this day of , 1972.
City Clerk
APPROVED by the Mayor of the City of Richmond, Indiana, this
day of , 1972.
Attest:
City Clerk
ayor