(a)   The practice or policy of discrimination against individuals by reason of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status is a matter of concern to the city since such discrimination threatens not only the rights and privileges of the inhabitants of the city but menaces the institutions and foundations of a free democratic state. It is hereby declared to be the policy of the city to eliminate and prevent discrimination in all employment relations, to eliminate and prevent discrimination, segregation, or separation in all areas of public accommodations, and eliminate and prevent discrimination, segregation or separation in housing as hereinafter provided.

(b)   It is also declared to be the policy of this city to assure equal opportunities and encouragement to every citizen regardless of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status, in securing and holding, without discrimination, employment if any field of work or labor for which he or she is properly qualified or qualifiable, to assure equal opportunities to all persons within this city to full and equal public accommodations, and to assure equal opportunities in housing without distinction on account of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status. It is further declared that the opportunity to secure and to hold employment, the opportunity for full and equal public accommodations as conveyed by this chapter and the opportunity for full and equal housing are civil rights of every citizen. To protect these rights, it is hereby declared to be the purpose of this act to establish and to provide a City Human Relations Commission and Human Relations Department.

(Ord.738; Code 2006)

This article prohibits discrimination based upon sex, and accordingly, the personal pronouns and gender of nouns used in this article shall not be construed as limiting the provisions of this article to one or the other sex.

When used in this article, the following words shall mean:

(a)   Chairperson - shall mean the chairperson of the Human Relations Commission.

(b)   Commission - shall mean the Human Relations Commission as created by this article.

(c)   Complainant - shall mean any person claiming to be aggrieved by any unlawful discriminatory practice or violation of this article.

(d)   Contract - shall mean any contract entered into by the city or any of its subdivisions.

(e)   Contractor - shall mean any individual, partnership, corporation, association, or other entity entering into a contract with the city and who is an employer as herein defined.

(f)   Director - shall mean the director of the Human Relations Department

(g)   Employee - shall mean any person employed by an employer but does not include any individual employed by his or her parents, spouse, or child.

(h)   Employer - includes any person in this city employing four or more persons and any person acting directly or indirectly for an employer as herein defined, and labor organizations, nonsectarian corporations, and organizations engaged in social service work, and the city and all political and municipal subdivisions thereof but shall not include a nonprofit fraternal or social association or corporation.

(i)    Employment Agency - includes any person or governmental agency undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer, or place employees.

(j)    Family - includes a single individual.

(k)   Financial Institution - shall mean any person regularly engaged in the business of lending money or guaranteeing loans on housing accommodations or real property.

(l)    Hotel, Motel, and Restaurant - shall have the meanings ascribed to them respectively by K.S.A. 36-401 and K.S.A. 36-301.

(m)  Housing Accommodations - shall mean:

(1)   Any building or portion thereof, whether such building or portion is constructed or is to be constructed, which is used or intended for use as the residence or sleeping place of one or more persons.

(2)   The term housing accommodations - shall not mean or include:

(A)  The rental of a dwelling, or a portion thereof, containing accommodations for no more than two families, one of which is occupied by the owner or his or her family at the time of rental.

(B)  The rental of less than four rooms in one-family dwelling to another person or persons by the owner or occupant of such accommodations in which he, she or members of his or her family reside.

(n)   Labor Organization - includes 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 of other mutual aid or protection in relation to employment.

(o)   Occupational Qualifications - as used herein, are those qualifications which can be shown to be demonstrably valid to the normal operation or performance of a particular job, business or enterprise.

(p)   Owner - shall mean and include the owner, lessee, sublessee, assignee, manager, agent, or other person, firm or corporation, having the right to sell, rent or lease any housing accommodation on real property within the corporate limits of the city.

(q)   Person - includes one or more individuals, partnerships, associations, organizations, corporations, municipal corporations, quasi-municipal corporations, governing mental agencies, public bodies, legal representative, trustee, trustees in bankruptcy, receivers, fiduciaries, mutual companies or unincorporated organizations.

(r)    Person Aggrieved - means any person claiming to have been injured by an unlawful act, or who believes he or she will be injured by any such unlawful act or practice that is about to occur.

(s)   Probable Cause - means the presence of a reasonable ground for belief in the existence of the alleged fact of a violation of any statute, ordinance, or other authority, orders, rules or regulations.

(t)    Public Accommodations - shall include any person, as defined herein, who caters or offers his or her goods, services, facilities, and accommodations to the public, including all city agencies which serve the public but shall not include an on-profit fraternal or social organization or corporation.

(u)   Real Estate Broker - shall mean any person who, for a fee or other valuable consideration, sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange or rental of housing accommodations or real property of another person.

(v)   Real Estate Salesman or Agent - shall mean any person employed by a real estate broker to perform, or to assist in the performance of, any or all of the functions of a real estate broker.

(w)  Real Property - means and includes (a) all vacant or unimproved land and (b) any facility or structure which is occupied or designed or intended for occupancy, or any building or structure having a portion thereof which is occupied or designed or intended for occupancy.

(x)   Respondent - shall mean any person alleged to have committed any unlawful act or violation of this article.

(y)   Subcontractor - shall mean any individual partnership, corporation, association, or other entity, or a combination of the foregoing which shall undertake, by virtue of a separate contract with the contractor as defined herein to fulfill all or any part of any contractor’s obligation under a construct with the city, or who shall exercise any right granted to a franchise holder and how is an employer as herein defined.

(z)   To Rent - means to lease, sublease, to let or otherwise to grant, for a consideration, the right to occupy premises not owned by the occupant.

(aa) Unlawful Housing Practice - means any discrimination or segregation or separation against any person or group of persons because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status, and shall include only those unlawful practices and acts as set forth in this article.

(bb) Unlawful Employment Practices - includes those unlawful practices and acts specified in K.S.A. 44-1009.

(cc) Unlawful Public Accommodation Practice - means any discrimination against person sin a hotel, motel, cabin, camp, restaurant, or trailer court; and the segregation against persons in an area of public accommodations covered by this article by reason of their race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status. The term unlawful public accommodations practice also means any discrimination against persons in a bar, tavern, barber shop, beauty shop, amusement park, recreation area, bowling alley, billiard parlor, theater, skating rink, swimming pool, lake, gymnasium, mortuary, cemetery or education institution which is open to the public, or any public transportation facility. The term unlawful public accommodation practice also means any discrimination against person in the full and equal use and enjoyment of the services, facilities, privileges and advantages of any institution, department or agency of government within the legal boundaries of the city.

(Ord.738; Code 2006)

There is hereby established a commission to be known as the Human Relations Commission. The commission shall consist of five members, at least one of whom shall be members of significant ethnic or minority groups within the community, who shall be appointed by the mayor, with the consent of the governing body. The commission shall elect, by secret ballot, one of its members as chairperson, who shall preside at all meetings of the commission and perform all the duties and function of the chairperson thereof. The mayor shall convene the first meeting of the commission and conduct the election of the chairperson. The commission shall elect, in the same manner, one of its members as vice­ chairperson who shall act as chairperson during the absence or incapacity of the chairperson and, when so acting, the member so designated shall have and perform all the duties and functions of the chairperson of the commission. Initial appointments to the commission shall be for one, two, and three years terms and thereafter all appointments shall be for a term of three years and until his or her successor is qualified, provided no person shall serve for more than eight consecutive years. The term of office of each the chairperson and vice­ chairperson shall be for one year, and no person shall serve for more than two consecutive terms in the same office, unless such election to the immediately subsequent term be made by the members of the commission by unanimous vote. The chairperson or vice-chairperson may resign from his or her office at any time during his or her term and may do so without resigning from the commission. In such event, the commission shall elect another member to replace him or her, and such person shall serve the unexpired term of the person he or she replaces. A majority of the presently serving members of the commission shall constitute a quorum for the purpose of conducting the business thereof. The members of the commission shall serve without compensation.

(Ord.738; Code 2006)

The commission shall have the following functions, powers, duties, and responsibilities.

(a)   To hear appeals from a decision made by the director that no probable cause exists for a complaint as provided in section 5-417. In the event of an appeal, the commission shall make an independent investigation of the complaint and if probable cause is found to exist for such complaint, shall refer the complaint back to the director with instructions for further proceedings in accordance with section 5-407(f).

(b)   Hold public hearings, administer oaths, take the testimony of any person under oath, receive evidence relating to any matter under investigation or any question before the commission, make findings of fact, issue orders and publish such findings of fact and orders and do all other things necessary and proper for the enforcement of this article. The commission may, at the request of the complainant, the respondent, or upon its own motion, issue process to compel the attendance and testimony of any person, and require the production of books, papers or any other evidence relating to any matter under investigation. The commission may direct the human relations direction to serve such process. In the event such an order is not complied with, the commission may request the city attorney to file the appropriate action in the district court, Osborne County, Kansas, in order to obtain compliance.

(c)   In conducting a hearing, the commission shall have access at all reasonable times to premises, records, documents and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation. In the case of the refusal of any person to testify or provide access to information as set forth immediately above, the commission, through the city attorney, may request the district court of Osborne County, Kansas, to comply with such request. The commission may take testimony under oath or affirmation.

(d)   To endeavor or to eliminate prejudice among the various groups in this city and to create harmonious relationships among the various persons and agencies within this city.

(e)   To establish or crate an advisory and/or conciliatory agency to study the problems of youth, agenda, physically handicapped and disadvantaged, and who may recommend to the governing body human relations policies, procedures and programs. Such advisory and/or conciliatory agency shall be composed of representative citizens serving without pay. The commission may itself make the studies and perform the acts authorized by this article. It shall by voluntary conference with parties in interest, endeavor by conciliation and persuasion to eliminate discrimination.

(f)   To accept contributions from any person or governmental unit to assist in the effectuation of this article; and to seek and enlist the cooperation, including financial assistance, of private, charitable, religious, labor, civic, or benevolent organizations of the purpose of this article.

(g)   To actively promote the purpose of, and information about this article through public appearances, speaking engagements, news media, publications etc., and to issue such publications and such results of investigation and research as in its judgment, will tend to promote good will and minimize or eliminate discrimination because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status.

(h)   To render each year to the governing body of the city a full written report of all of its activities and of its recommendations.

(i)    To receive and accept, through the governing body, city, county, state and federal fund to effectuate the purposes of this article; and to act as the contracting agency in agreements with any governmental agency, for such purposes, as may be designated and approved by the governing body.

(j)    To cooperate with the Kansas Commission on Civil Rights and with other organizations or agencies, both public and private, whose purposes are not inconsistent with those of this article.

(k)   To meet regularly once each month at a place and time decided by the commission and to adopt rules and regulations to conduct necessary business. special meetings may be called by the chairperson or by a majority of the members of the commission then presently serving.

(l)    To regularly advise the members of the governing body, through distribution of its agenda, minutes, memoranda, reports, and other pertinent documents, the items of business before the commission, the ongoing status of such items and the disposition of such items.

(Ord.738; Code 2006)

There is hereby created a Human Relations Department for the purpose of administering and enforcing the provisions of this article or as hereafter amended.

(Ord.738; Code 2006)

There is hereby created the position of director of human relations of the city to be appointed by and directly responsible to the mayor. The human relations commission may submit recommendations to the mayor of applicants for this position, but merit and fitness shall be the governing criteria in the selection of the director of human relations. The salary of the director of human relations shall be fixed by the governing body.

(Ord.738; Code 2006)

The director shall have the following duties, responsibilities, and authority:

The administration of this article shall be the responsibility of the director of human relations department and his or her designated staff. The director shall promulgate procedure to implement, expedite, and effectuate the provisions of this article. In addition to any powers an responsibilities heretofore conferred in the director, the director shall have the power and responsibility to:

(a)   Seek to eliminate and prevent discrimination in employment because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status, by employers, labor organizations, employment agencies, or other persons, and to take other actions against discrimination because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status as provided herein;

(b)   Effectuate the purposes of this article first be conference, conciliation, and persuasion so that persons may be guaranteed their civil rights and good will fostered;

(c)   Seek cooperation from and, upon request, make technical assistance available to all city government departments and agencies;

(d)   Receive, investigate, initiate and attempt to conciliate complaints alleging discrimination in employment, housing and public accommodations because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status;

(e)   Pursue the legal of affirmative action implementation within municipal government and external to municipal government through continued dialogue and technical assistance;

(f)   In conducting an investigation the director shall have access t all reasonable time to premises, records, documents, and other evidence or possible source of evidence, and may examine, record, and copy such materials and t;3ke and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation. In the case of the refusal of any person to testify or provide access to information as set forth immediately above, the director may request the city attorney to file the appropriate action in the district court of Osborne County, Kansas, to order such person to comply with such request;

(g)   Request the city attorney to apply to the district court of Osborne County, Kansas for temporary permanent injunction relief to enjoin violation of this article;

(h)   Request the city attorney to apply to the district court for enforcement of any conciliation agreement by seeking specific performance of such agreement.

(I)    Attend all meetings and serve as secretary of the human relations commission; provide necessary reports, such as agenda, minutes, and schedules of commission meetings to the commission, to the governing body and to the mayor; advise the local news media of commission meetings and agenda.

(Ord.738; Code 2006)

It shall be an unlawful employment practice:

(a)   For an employer, because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status of any individual to refuse to hire or employ, or to bar or discharge from employment such individual or to otherwise discriminate against such individual in compensation, or in terms, conditions, or privileges of employment; or to limit, segregate, separate, classify or make any distinction in regard to employees; or to follow any employment procedure or practice which, in fact, results in discrimination, segregation, or discrimination without a valid business motive.

(b)   For a labor organization, because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status of any individual to exclude or to expel from its membership such individual; or to discrimination in any way against any of its members, or against any employee; or against any individual employed by the employer.

(c)   For any employer, employment agency, or labor organization to print or circulate or cause to be printed or circulated, any statement, advertisement, or publication, or to use or make any inquiry in connection with prospective employment or membership, which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status, or any intent to make such limitation, specification, discrimination, unless based on a bona fide occupational identification.

(d)   For any employer, employment agency, labor organization to discourage, expel, or otherwise discriminate against nay person because he or she has opposed any practices or acts forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article.

(e)   For any employment agency to refuse to assist and properly classify for employment, or refuse to refer an individual for employment, or otherwise discriminate against any individual because of his race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status; or to comply with a request from an employer for a referral of applicants for employment if the request expresses, either directly or indirectly, any limitations, specifications, or discrimination as to race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status unless such request is accompanied by a demonstrably valid occupation qualification.

(f)   For an employer, labor organization, employment agency or school which provides, coordinates, or controls apprenticeship, on the job training, or other training or retraining program, to maintain a practice of discrimination, segregation, or separation because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital, status, in admission, hiring, assignment, upgrading, transfers, promotion layoff, dismissal, apprenticeship, or other training or retraining programs; or in any other terms, conditions or privileges of employment, membership, apprenticeship or training; or to follow any police or procedure which, in fact, results in such practices Without a valid business motive or occupational qualification.

(g)   For any person whether an employer or an employee, or not, to aid, abet, incite, compel, or coerce the doing of any acts forbidden under this article or attempt to do so.

(Ord.738; Code 2006)

The provision of this article shall not apply to part-time, temporary, or seasonable employees. Nor shall the provisions of this article prevent the enforcement of any bona fide retirement plan.

(Ord.738; Code 2006)

It shall be an unlawful public accommodations practice for any person as defined herein being the owner, operator, lessee, manager, administrator, agent, or employee of any place of public accommodation:

(a)   To refuse, deny, or make a distinction directly or indirectly in offering its goods, services, facilities, and accommodations to any person as covered by this article because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status.

(b)   For any person as defined herein, whether or not specifically enjoined from discriminating under any provisions of this article, to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this article or attempt to do so.

(c)   Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting its offering of goods, services, facilities, and accommodations, to persons of the same religion, or form giving preference to such persons, provided that such offerings above mentioned are ant, in fact, offered for commercial purposes.

(d)   Nor shall anything in this article prohibit a non-profit private club, in fact not open to the public, which incident to its primary purpose or purposes, provides certain public accommodations herein defined, for other than commercial purposes, from limiting such accommodations to its members, or giving preference to its members and guests of its members.

(Ord.738; Code 2006)

5-411.        Unlawful discriminatory housing practices.

It shall be an unlawful housing practice:

(a)   For the owner, real estate broker, real estate salesman, or employee or agent thereof:

(1)   To refuse to sell, rent, assign, lease, or sublease, or offer for sale, rental, lease assignment or sublease any real property or part or portion thereof to any person or to refuse to negotiate for the sale, rental, lease, assignment, or sublease when in fact it is so available, or otherwise to deny or withhold any housing accommodations or real property or any part or portion thereof to or from any person.

(2)   To discriminate against any person in the terms, conditions, or privileges of the sale, rental, lease, assignment, or sublease of any housing accommodations or real property or part or proton thereof or in the furnishing of facilities or services in connection therewith, or to require any person to discriminate against any other person in the use or occupancy of such housing accommodations; or

(3)   To print, publish, circulate, issue, display, post or mail, or cause to be printed, published, circulated, issued, displayed, posted, or mailed any statement, advertisement, publication or sign or to use any form of application for the purchase, rental, lease, assignment, or sublease or any housing accommodations or real property or part or portion thereof which expresses, directly or indirectly, any limitation, specification, or discrimination. The production of any such statement, advertisement, publicity, sign, form of application or record purporting to be made by any such person shall be prima facie evidence in any action that the same was authorized by such person.

(b)   For any person or financial institution to which application is made for financial assistance for the purchase, acquisition, construction, reconstruction, or remodeling of any housing accommodations or real property or portion thereof or any agent employee thereof:

(1)   To discriminate against any person or prospective occupants or tenants of such housing accommodations or real property or part or portion thereof, in the granting, withholding, extending, modifying, or renewing, or in the fixing of the rates, terms, conditions or provisions of any such financial assistance, or in the extension of service in connection therewith; or

(2)   To use any application for such medical assistance or to make any record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination a to race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status, or any interest to make such limitation, specification or discrimination.

(c)   For any person, owner, real estate broker, real estate salesman, or agent thereof:

(1)   To directly or indirectly solicit the sale, lease, or the listing for sale or lease of housing accommodations or real property on the ground of imminent, or prospective entry into the neighborhood of a person or persons of a particular race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status, or use such fact or suspicion as a sales or listing inducement or stimulant, or to distribute or cause to be distributed material or make statements designed to induce a property owner to sell or lease his or her property due to such fact, suspicion or imminent change in the neighborhood;

(2)   To engage in any form of threats or reprisal, or to engage in, or hire, or conspire with others to commit acts or activities of any nature, the purpose of which is to harass, degrade, embarrass, or to cause physical harm or economic loss to any person attempting to exercise or enforce the rights protected by this article; to aid, abet, incite, compel or coerce any person to engage in any of the unlawful discriminatory housing practices defined in this article.

(d)   For any person, owner, real estate broker, real estate salesman, or agent thereof to knowingly sell, rent, assign, lease or sublease any housing accommodation or real property which has been withheld from any person in violation of its article, prior to the satisfactory adjustment of the matter with the director or the complainant, or the disposition of the matter in court.

(Ord.738; Code 2006)

Every contract for or on behalf of the city or any agency thereof, for construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies, or services, shall contain provisions by which the contractor and any subcontractors agree that:

(a)   The contractor and subcontractor shall observe the provisions of this article and shall not discriminate against any person in the performance of work under the present contract because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status, except by reason of a demonstrably valid occupational qualification or business motive.

(b)   In all solicitations, or advertisements for employees, the contractor shall include the phrase equal opportunity employer, or a similar phrase to be approved by the director.

(Ord.738; Code 2006)

In all contracts entered into by the city, or any of its agencies or departments, there shall be included a provision that during the performance of the contract, the contractor will not discriminate against any employee or applicant for employment in the performance of the contract and every contractor shall include similar provisions in all subcontracts under his or her contact with the city.

(Ord.738; Code 2006)

Any contractor entering into a contract with the city and his or her subcontractors shall take affirmative action to insure that employees are treated equally without regard to their race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status. Such affirmative action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, layoff or termination, rates of pay or other forms of compensation and selections for training, including apprenticeship. The contractor and subcontractor shall agree to post in conspicuous places available to employees and applicants for employment, notices to be provided by the director setting forth provisions of this article. The contractor and his or her subcontractors shall provide all affirmative action information and necessary documents to implement the compliance with the requirements of all federal, state and local laws and ordinances. It shall be no excuse that the employer has a collective bargaining agreement with any union providing for exclusive referral or approval systems. The failure of the contractor or subcontractor to comply with the requirements of this article shall be grounds for cancellation, termination, or suspension of the contract in whole or in part by the governing body with the contractor or subcontractors until satisfactory proof of intent to comply shall be submitted to and accepted by the governing body.

(Ord.738; Code 2006)

Every contractor and subcontractor prior to entering into a contract with the city shall submit to the director an acceptable written affirmative action plan which shall:

(a)   Identify areas of employment, employment policies, and employment practices which require action by the contractor or subcontractor to assure equal employment opportunity.

(b)   Analyze these areas, policies and practices to determine what actions by the contractor or subcontractor will be most effective.

(c)   Establish a plan with goals and timetables designed to achieve equal employment opportunity.

(d)   Include provisions for implementation, monitoring, and periodic evaluation in order to insure that is continues to be a valid plan.

(Ord.738; Code 2006)

The provisions of this article shall not apply to:

(a)   Contractors or suppliers who would not be considered as an employer as defined in 5-402(g).

(b)   Contracts and subcontracts not exceeding $10,000.

(c)   Call type or purchase order agreements which do not exceed $10,000 in total per calendar year. Provided, vendors, contractors and suppliers who will supply or expect to supply the city with goods or services exceeding $10,000 during the subsequent calendar year shall not be exempt from the requirements of this article.

Provided, the above exemptions shall not conflict with applicable state or federal laws.

(Ord.738; Code 2006)

Any person claiming to be aggrieved by an alleged unlawful act or practice may, by himself, herself, or by his or her attorney at law, make, sign, and file with the director a verified compliant, writing. The director or commission upon its own initiative, or the city attorney, may, in a like manner, make, sign and file such a complaint. An employer whose employees, or some of whom, refuses or threaten to refuse to cooperate with the provisions of this article may file a verified complaint asking for assistance by conciliation or other remedial action.

(Ord.738; Code 2006)

Any person who knowingly and intentionally submits or files or causes to be submitted or filed, a false, misleading, or incomplete complaint, statement, response or report with the human relations commission, the director or any of his or her personnel, shall be guilty of a misdemeanor, and upon conviction thereof, be fined in any sum not exceeding $100.00, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned.

(Ord.738; Code 2006)

Procedures for processing the complaint shall be in accordance with the following:

(a)   The human relations department shall maintain a docket of all legally filed complaints, and each complaint as initiated, shall be assigned an appropriate designation.

(b)   The director shall promptly notify the respondent by certified mail that a complaint has been filed. Such notice shall include: the name of the complainant; the date the complaint was filed; the nature of the complaint and that the director or a member of his or her staff will as soon as possible, proceed with processing of the complaint.

(c)   The director shall make, with the assistance of his or her staff, a prompt and full investigation of the alleged unlawful act or practice.

(d)   A report on the findings of such investigation shall be made by the director to the mayor within 30 days after original receipt of the complaint. Provided, however, for good cause shown, the mayor may grant to the director additional periods of time not to exceed 30 days to make his or her findings and reports.

(e)   Upon completion of the investigation, the director shall determine whether probable cause exists for such complaint.

(f)   Both the complainant and the respondent shall promptly be notified by certified mail of the determination concerning probable cause, and that such determination may be appealed in writing to the human relations commission within five days of notification.

(g)   If it is determined that probable cause exists for crediting the allegations of the complaint, the director shall promptly endeavor to eliminate the unlawful discriminatory act or practice by means of conciliation and persuasion. The director shall not make public the details of such conciliatory proceedings, but he or she may publish the terms of any conciliation agreement.

(h)   Either the complainant or respondent, if not satisfied with the determination concerning probable cause, may request a public hearing before the commission. Such request shall be submitted in writing within five days following receipt of notification of the determination.

(i)    Upon receipt of a written request from either the complainant or respondent for a public hearing the chairperson of the commission or in his or her absence the vice-chairperson, shall within five days designate five commissioners to conduct such public hearing. Such public hearing shall be held after reasonable notice to all parties of the time and place thereof, but within 15 days of receipt of the written request for the hearing.

(j)    The commission shall adopt such rules and procedures for conducting public hearings as it deems necessary and appropriate.

(k)   The city attorney or his or her assistant shall be available to the commission to assist in conducting public hearing. In the event the complaint involves the city or any of its officials or employees the commission may retain other local legal counsel for such assistance.

(l)    The commission on its own initiative may at any time, during the course of the investigation or subsequent thereto, order a public hearing.

(m)  Both the complainant and respondent shall within five days of completion of the public hearing be notified by certified mail of the results of such hearings.

(n)   If the commissioners conducting the hearing conclude, by a majority vote, that the respondent has, in their opinion, engaged in unlawful discriminatory acts or practices as alleged in whole or in part, by the complainant, the reviewing board shall exercise any of the following options or a combination of same:

(1)   Instruct the director to proceed with conciliation and negotiations to correct such unlawful discriminatory acts or practices, and develop a written conciliatory agreement between the complainant and the respondent.

(2)   Issue such orders in writing as the facts warrant. Such order may require the respondent to cease and desist from such unlawful acts or practices and to take such affirmative action as necessary to comply with the provisions of this article, including a requirement for a report or reports of the manner of compliance.

(3)   Certify the case and the entire record of if proceedings to the city attorney for prosecution in the appropriate court of law. Or, if other legal counsel has been retained as provided for in subsection (j) above, the case may be certified to that attorney for prosecution.

(o)   Failure to comply with or violation of any conciliatory agreement entered into by the complainant or respondent, or failure to comply with any order issued by the reviewing board shall be cause for the commission to request the city attorney or other legal counsel which they have retained in the case to undertake and proceed with appropriate legal action.

(Ord.738; Code 2006)

5-420.        Time or filing complaint.

Any person claiming to be aggrieved by reason of an alleged unlawful act or practice must file his or her complaint with the director within the following periods of time from the date of the alleged incident, to-wit:

(a)   For violation of any of the unlawful employment practice specified in 5-408 within 90 days from the date of the alleged violation.

(b)   For violation of any unlawful public accommodation practice as specified in 5-408 within 90 days from the date of the alleged violation.

(c)   For violation of any unlawful housing practices as specified in 5-408, within 30 days from the alleged incident.

(d)   For violation of any unlawful practices under public contracts as specified in 5-408, within 90 days from the date of the alleged incident.

Failure to file a claim within the periods above specified shall constitute a waiver on the part of the complainant of any breach of this article.

(Ord.738; Code 2006)

The provisions of this article shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this article shall be deemed to repeal any of the provisions of any other law of this city relating to discrimination because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status unless the same is specifically repealed by this article. Nothing in this article shall be construed to mean that an employer shall be forced to hire unqualified or incompetent personnel or discharge qualified or competent personnel. Nothing contained in this article shall require any person to commit any act, or be a party thereto, which would constitute a violation of any existing law or ordinance.

(Ord.738; Code 2006)