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12-10639Publisher's Affidavit I. Christy Fink being duly sworn declare that I am a T rgal Coordinator of THE SALINA JOURNAL, a daily newspaper published at Salina, Saline County, "Kansas, and of general circulation in said county, which newspaper has been admitted to the mails as second class matter in said county, and continuously and uninterruptedly published for five consecutive years prior to first publication of attached notice, and that the Ordinance 12 -10639 Notice has been correctly published in the entire issue of said newspaper one time, publication being given in the issue of May 25, 2012 Subscribed and sworn to before me, this day of A.D. 20 I Z G Notary Public Printer's Fee $3,51 .00 NOTARY PUBUG - State Df Kansas WENDY �H�R�OB,,A�K� My Apt. EXPNI_ " (Published in the Salina Commission - means the Journal May 25, 2012) human relations comma- ORDINANCE NUMBER created by this chap 124063E iswrn AN ORDINANCE AMEND- Complainant means any CHAPPTER TER 1 13, OF THE Person claiming lobe ag SAUNA CODE PERTAIN grievetl by any unlawful caved ING TO EQUAL DPPDRTO- try practice or NITY AND AFFIRMATIVE'. violation of apter. - ACTION AND REPEALING ears : Conhac( means any con - EXISTING CHAPTER 13 tract entered into by the BE IT ORDAINED by the or any Governing Body of Salina, Contractor meaasgamenes, Kansas. virtual, partnership, corpo- Beckon.!. That Section ration, association or other 13 -t -t of the Salina Code is entities entering into a tort hereby amended as follows: tract with the city and who Sec. 13 -1. Declaration o/ -is an employer as herein - Policy. -- a) The Director practice or policy „r ,,;�,;m;,,,,;,, ,,,,,,,, .of the human relations ons de, . of the human relations de race, sex, sexual orien- Disability means with re- race, gender identify, spact to anindividual: familial status, disability, ! (1) A physical or mental religion, age, color, no - impairment that substam timer origin or ancestry Bally limits one (1) or is a matter of concern to more. of the major life ac- the city since such dis ' tivities of such mtlividual; elimination threatens not „(2) A record of such an im only the rights and privi- ' ppairmenI or rages of tfia inhabitants (3) Being ragartletl as hay of the city but menaces - ing such impairment byy the insbtulions and four- I he person or entily aI dations of a free demo- aged to have committed cretin state. It is hereby the unlawful.discrimma- declared to be the policy ..ary practice complained of the city to eliminate ot and prevent discrimina- "Disability" does not in- tion all employment I "elude current, illegal use relations, to eliminate of a controlled sub and prevent discrimina- stance as defined in sec- . tion, segregation or !" tion 182 of the federal separation in all areas of ! controlled substance ad public accommodations, .(21 U.S.C. 802), in hous- andto eliminate and pre- ;'_ ing discrimination., In vent discrimination, seg- 1 employment accommodation tli public regation or separation In nation, "d i is does housing as provided in not include an Individual this chaplet ;who is eurremly en a (b) It is also declared to be ing in theillega6 use of the policy of [this] city to assure equal opportuni drugs where Possession.. ties and encouragement I- or distribution of such to every citizen regard tlrugs is a Iawfol under less of race, sex sexual _ "!he controlletl substance Orientalion, ggender!den act (21 U.S.C. 812) 1ity, disabihly, religion,'; when the covered entity age, color, national on <, acts on the basis of such gin or ancestry, in secur- use, ing and holding, without + Dwelling means any build discrimination, - employ- i. ing, structure or. portion ment in any field of work` thereof which is Occupied or labor for which a per as, or designated or in- son cis Ia le,,t q assure . tended. for.. occupally as, or qua Ria le; to' assure a residence by one.(t) or equal opportunity o all .more families, . and any ve- persons within the city to or sale or lease lease for the full and equal public as- construction. or location commotlations, and i,i' thereon of any such build assure equal g without ing' structure,, or portion ties in housing aunt of °, thereof. p distinction on account of': Employee means any per - race, sex, sexual orien- son employed bean em tation, gender identity, plover but does not in- familial status, tlisability, elude any individual am- religion, color, national played by such individual's am- origin or ancestry. it is parents, spoouse, or child, further unity to that the or in the eomestic service opportunity to secure ofen'person. ' and to hold emploYrent, Employer, indutles any the opportunity for full person'in'the city employ and equal public accom' mg four (4) or' more per- . mod gear .as covered sons and any person ac6 by this chapter and the ing directly or indirectly for Opportunity for full and Anemployer, labor organi= rights housing are crvl. zations nonsectarian car - TopI of every citizen. - '•porations, organizations To protect these righis, it engaged In social service is hereby declared to be work, and the City of Sa- ihe purpo a, of this chapp- lina and all political and ter to establish and'to municipal .subdivisions Provide a city farmers. thereof, but shall not in- ations commission and crude a nonprofit fraternal a human relations de or social association or partment. corporation. ' '.o0 t 2. That Section Employment agency in o' the Salina Code is cludes any person or gov� :by amentletlnitions. eromance agency under - ee. used iefiniticns. t taking, with or without hen used in this chapter compensation, to procure following words and opportunities to work or to eases shall have the - procure, recruit, refer or spier prohibits di This place employees. pier prphibits discrimi- Familial starmsmems hay - ' ' gg one (1). or more indi- tluals less than eighteen (18} years of age, domi- ciled with; (1) A parent or another person having legal cus tody of such individual or individuals; or (2) The designee of such parent or other person having such custody, with the written permis Sion of such parent or other person. The pro- tections against discrimr ,,o on based upon sex, and accordingly, the per sonal pronouns and gen der of nouns used in this chapter shall not be con strued as limiting the provi- sions of this chapter to one OT to the other sex: Age means arcage of foray, l40) or more ears but less than seventy /0) years. Chairperson -means the-1 person chairing. the human relations cam mission ere - start by this chapter, nation afforded indiGiuri ails on the basis of !aril fat status shall apply to any person who is prep rant or is in the process - ing of securing legal cus- tody of any in who has not attained the age of eighteen (18)" years. Financial institution means any person regularly an - gaged in the business of lending money or guaran- teeing loans on housing accommodations or real sed, main ad or held as a place accommo- which four rooms are iguated as 'a cabin camp, tourist cabin, motel or other type of lodging unit Gerrder Idamity means the sense of one's gender -re- lated identity, appearance, behavior, and other char - acterisecs of an individual, as perceived byy the mail virtual or another, and without regard to the indi- vidual's actual or assigned sex at birth. This term shall not prohibit an em; player from requiring an. employee during the em ployee's hours at work to adhere to reasonable dress or groomingg Stan dertls not prohibited, by other provisions of federal, state or bear law. Housing accommodation.. means: (1 Any building or portion; hereof which is used or intended for use as the residence or sleeping, place of one (1) or more persons. (2) The term "housin ac- commodations" shall not mean or include: a: The rental at a dwell ing, or a portion thereof, containing ac- commodations for no than two (2)' families, one (1) of which is occupe by, the owner or his family.. at the time of rental; L. The rental of less than four (4) rooms in a one- family dwelling to another person or persons by the owner or occupant of such accommodations in which he or members of his family reside. Labor organization . in- eludes any organization . which exists for the our em- mu I re are run or penormance of a particular job, business dr enterprise. Owner shall mean and -in- clude the owner, lessee, sublessee, assignee, man- ager, agent, of other per son, firm or corporation having the right to sell, rent•or.lease any housing accommodation or real properly within the corpo -'. rate limits of the city. Person includes one (1) or more individuals, partner-' ships, associations, or ganizations, corporations,- municipal colporations, 'quasi - municipal corpora- tions, governmental agen- cies, public bodies, legal representatives, trustees, trustees in bankruptcy, re- ceivers, fiduciaries, mutual companies or unincorpo: rated organizations. Person aggrieved means any person who claims to have been injured by a dis- criminatory ad or practice' or believes that such per- son will be injured by a dis- criminatory act or practice Mat is about to occur: Probable cause means the presence of a reasonable ground for belief in the ex- istence of the allegation of a violation of any statute, ordinance, or other author- ity, orders, rules or regula- any or the public: Public accom- modations include, but are not limited to, any lod 'ng establishment or footl service establishment, as defined by K.S.A. 36 -501 and amendments thereto; any bar, tavern, barber shop, beauty parlor, thea- ter, skating rink, bowling alley, billiard parlor, amusement park, recrea- tion park, swimming pool, lake, gymnasium, mend, ary or cemetery which is open to the public; or any public transportation facil- ity. Public accommodate lions do not include a relig- ious or nonprofit fraternal or social association or corporation Reatestafe broker means any person whe, for a fee or other .valuable consul oration,- sells, purchases, . exchanges, rents, neeggoti ales, offers or attempts to negotiate the sale, pur chase,: exchange or rental of ho'nam awommoda ' pons or real property of an- otherperson. Real estate salesman'.or agent means any person employed by a real estate :. broker to perform, or to as- slat in Me performance of, - any or all of the functions' of a real estate broker. Reasonable accommoda- tion means:. (1) ('n the context of em- ployment under article III, of this chappter) making;. existing facllufes used by employyees' readily -so cessibleto and usable bg individuals with its aflities; job restructur- ing part-0me or modified j MMschedules; reas sigqnment to a vacant w- sition; acquisition or modification of equip ment or devices; appro- priate adjustment or modifications of examli - nations training maters- als or policies; provision of qualified readers or in- terpreters; and other similar accommodations . for individuals with dis abilities. (2) (in the context of hour ing under article V of this chapter) those reason able measures which may be necessary to'af- ford a disabled person equal opportunity to use and enjoyy a dwelling unit, including public antl common use areas. Restaurant means any place in which food is - served or Is prepared for sale or service on the endorses or elsewhere. or mobile re fee shop, side slant ing establ kitchen, , anyoth -✓ nonprofit institution for or serving food and any other, eating or drinking establishment, or operation where food is sewed or provided for the public with or without charge. Respondent means any person alleged to have command any unlawful ! act or violation of this chapter. Sexual Orientation means actual, or perceived, male or female heterosexuality, homosexuality, or bisexu- ality by inclination, prac lice, or expression. Subcontractor means any individual, partnership, Cqr -. potation, association; of other entity, or any combi- nation of the foregoing which shall undertake; by, vinue of a separate cop tract with a contractor as defined herein, to fulfill all h the city, exercise ;eaten �3 - That Section 13 of the Salina Code is itchy amended as follows: Sec. 13-3. Construction. (a) The provisions of this chapter shall be con strued liberally for the accomplishment of the purposes thereof. Noth- y disunity, gin or antes the same is repealed by I this chapter I' onstrued to ! an employer, Brady amended as follows. -.I Sec. 13 -57. Powers antl', Codes' The commission shalli have the ,following tuner tons powers and duties (t) fo receive Initiate In vestigate and pass upon ! complaints alleging dis -' crimination -In employ -', ment, public accommo- dations and housing be cause of race, religion, 1. color, sexual orientation: gender identity, sex, tlis -; ability, national original or ancestry and:com, plaints allepmg dfscrimi- I nation In housing be cause of familial status. (2) To subpoena wit'. nessescompel their . c and require the production for exami- nation of records, docu- he nts and other off ' 'dente or possible sources of evitlence and l to examine, record and copy such materials, and take and record the testis l mony or statements of such persons. The com- mission may issue sub -' poenas to compel as cess to or the production of such materials, or the appearance of such per- sons, and may issue in- terrogatories W a re spa ant to the same;. extent antl subject to the same limitations as would apply if the sub: ways or, interrogatories were. ly'tsuod of served in aidoo wiactioninure district- cd)/rt. The com: misslop rshall have so Coss at all'reasonable - times to premises and may compel such ac. cess by application to a court of competent juris- diction; provided that the commission first cam plies with the provisions of Article 15 of the Kan. sas Bill of Rights and the Fourth Amendment to the United States Con slitution relating to un reasonable searches and seizures. (3) To hold public hear ings, administer oaths, and take depositions to the same extent and subject to the same Ifmi- falions as woultl apply if thedepositlonwastaken '. in aid of a civil action in the district court. In case -. of the refusal of any per- son to comply with any subpoena, interrogatory or search warrant Issued hereunder, the human relations commission may make application to the district court to com- ppe) com liance pursuant ,o state Paw. (4) To actin concert with other parties in interest in order to eliminate and 1 prevent discrimination ..r and segregation, prohib. ited by this chapter, by including any term in a conciliation agreements, as could be included in a 1 final order under this (6)Yo issue such final or- ders after a public hear- ing as may remedy any existing situation found f to violate this chapter i and prevent its recur 1 rence, and, if necessary,.' to seek enforcement of such final orders pursu- ant to federal and state law. (7) To endeavor to ellml mate prejudice among the various ethnic groups and people with r: disabilities in the city and to further good will among such groups (8) To create such advi . wry agencies and con- ciliation councils, as in civic fields or I of discrlminal cause of race, color, sex, sexy or and city; and to make recom- mendations to the-com- mission for the develop- ment of policies and pro- cedures, and for pro grams of formal antl in. formal education, which the commission may recommend to the city commission. Such advl- sory agencies and con- ciliation councils shall be composed, of represen- tative citizens serving without pay. The cont mission may itself make the studies and perform the acts authorized by this paragraph. It may, by voluntary confer ences with parties in in- terest, endeavor by con ciliation and persuasion to eliminate dlscnmina- -tion in all the stated fields and to foster good will and cooperation among all elements of the population of the city. (91 To accept conihoutfons ,rain any person to as slat in the effectuation of this chapter and to seek and enlist the coopera tion of private, Charlie ble, religious labor, civic and benevolent organi- zations for the purposes of this chapter. - (10) To issue such publi cations and such results of investigation and re search as in its judgment will tend to promote good will and minimize or eliminate discrimina- tion because of race, re- ligion, color, sex, sexual orientation, genderiden- lity, disability, national o igm or ancestry. (11) To render each year to the city manager and to the city commission a full written report of all of its activities and of its recommendations. into aggreements with anI fetleral agency for such purpose. died 5. That Section i0 of the Salina Code is !by amended as follows: Do. 13-60, Duties, re.' sensibilities, and, dhority of human rata -, ins director. to director shall have the Hawing duties; responsi -. litfes, and authority. The'. man and The and cords documen(sand other evidence or possi- ble sources of evidence; "� and may examine, re� cord, and copy such ma' ! lariats and take and re- cord the testimony or statements of such per sons as are reasonably - necessary for the fur .. bounce of the investi - -' gation. In case of the re- fusal of any person to comply with any sub focus iswed'by the lo- cal human relations commission, or to testify to any matter regarding which such person may be lawfully. questioned, the district court of So line County may, upon application of the facet human relations depart - ment, order such person to comply with such sub. were and to testify to he extent such person • could be so compelled pursuant to the provi $ions of subsection (2) of section 13 -57 and state. law; (7) Reque rtlial the city attorney apply to the dis- trict court, of Saline County for temporary or permanent injunctive re- lief to enI'oin violation of this chapter, - (8) Request that the city attorney apply to the dis- trict court of Saline County for enforcement of any conciliation agreement by seeking specific performance of such agreement; (9) Attend all meetings and serve as secretary of the human relations commission; provide necessary reports, such F as agenda, minutes, and schedules of commis sion meetings to the commission to the 'gov- Citing body, and to the city manager; advise the local news media of (1) Seek to eliminate and commission meetings prevent discrimination in and agenda. - , employment because of Section 6. That Section i race, sex, sexual Cried, 13 -71 of the Salina Code is tatmn, gender identify, - religiom,age, color, no tionai origin, ancestry, disability, or familial status, by employers, la. . bor organizations, em ployment agencies, or other persons, and to take other actions against discrimination because of race, sex, sexual orientation, gen- der identity, religion, age, color, national on gin, ancestry, disability, or familial status, aspro- Ged herein; (2) Effectuate the pur uses of this chapter Pmt by conference, con- ciliation, and persuasion ' - so that persons may be guaranteed their civil rights and good will fos- tered; (3) Seek cooperation from, and upon request, make technical assistance available to all city gov- ernment departments and agencies; (4) Receive, investigate, .initiate and attem to conciliate complainpt s al- leging discrimination in employment, housing and public accommoda- tions because of race, sex,. sexual orientation, gender identity, religion, age, color, national on gin, ancestry, disability, or familial status; (5) Pursue the goals of af- firmative action imple mentation within munici- palgovernment and ex- ternal to municipal gov- ernment through wntia- ued dialogue and techm- Cal assistance;' (6) In conducting an Ines ligation, the director or his staff shall have ac cess at all reasonable times to premises re hereby Sec. identity, disability, na. tional origin for ancestry of any person to refuse to hire or employ such person to bar or dis chame such person from employment or to other- wise discriminate against such person in compensation or In terms, conditions; or privileges' of employ separate, make any ment procedure or prac- tice which, iniact,re- sulis in discrimination, segregation or satiate'. lion without a valid busi- ness necessity. (2) For a labor organize- for, because at the race, religion, age, color, . sex, sexual orientation, gndeti dentity disabil- , national origin or an cestry of any person, to exclude or to expel from its membership such Person or to discriminate in an against any of i�s - members or against any employer or any person employed by;,: . an employer. - (3) For any employer, erm Eploymem agency or Is organization to print or circulate or cause to be printed or circulated any statement, adver tisement'or publication, or to use any form of ap- plication for employment or membershio or to make ',my inquiry in con- nection with prospective employment or member -' ship, which expresses,'. directly or indirectly, any limitation, specification's or discrimination as to race, religion, age, color,' sex, sexual orientation,', rqender identity, disabil fly, national origin or an- cestry, or any intent to make any such limits - tion, specification or dis- crimination, unless . based on a bona fide oc- j cupational qualification. ) For any employer, eni! ployment agency or la bor' organization to dis l charge, expel or other., gamzatbn providing training and appren- ticeship programs that has the effect of sub jetting a qualified ap phcant or employee with a disability to the discrimination prohib- ited by this chapter; c. Utilize standards trite. ria, or methods of ad i ministration that have the effect of discrimi ration on the basis of ttisabllity or that per - :,petuad the dlscrimin& Gan of others who are subject to common ad ministrative control; t5 Exclude or otherwise deny a ual jobs or henefits to a qualified cn person ,ms opposed any practices. an individual with - whom the qualified in.. or acts forbidden antler diva l is known to this chapter or because, have a relationship or such person has filed a: association; 'complaint, testified or e. Not make reasonable .assisted in any proceed- accommodations to ,ing under this chapter. the known physical or (5) For an employment; mental limitations of an agency, to refuse to list, otherwise qualified in- and �ropedy classify for' dividual with a disabih employment or to refuse 'fly who is an applicant to refer any person for or employee, unless employment or other such employer, labor' wise discriminate organization, employ against any person be ment agency or joint cause of such person's labor- management race, religion, age, color, committee can demon- sex, sexual orientation, strafe that the award, gender identity, disabil molation would im- fly, national origin or an- pose an undue - hard- cestry; or to Comply with ship on the operation a request from an em of the business - player for a referral of thereof; applicants for employ 1, Deny employment op- mentiftherequesDex podunllies to a job ap presses, either directly phcant or employee or indirectly, any limits- - who is an otherwise - lion, specification or dis- - qualified individual with crimination as to race, a disability; if such de- religion, color, sex, sex- -ual nial is based on the orientation, gender need to make reason idenliry, disabi'fly, na - able accommodation's tional origin or ancestry. to the physical or men-, (6) For an employer, labor qal impairments of the. organization, employ employee or applicant;, ment agency,. or school g, Use qualification Stan- which provides, word[ -I dards,.. employment notes or controls ap tests or other selection -, prenliceship „on- the -job, Christie that screen out or other training . or rei, or tend to screen: out training program,- to an individual' with 'a maintain a practice of disability or a class of j discrimination, segrega- - individuals with dis- Lion or separation be - abilities unless the cause of race, religion, standard, lest or other age, color, sex, sexual - selection criteria, as onentation,'gender idan -' used, is shown to be illy, disability, national job- related for the so- origin or ancestry, In ad- sitionin question and mission, hiring9, assign- is consistent with busF merits, upgratling, trans- I - mess necessity; or fers, promotion, layoff, h. Fail to select and ad- dismissal, appren ice minister tests concern JI ship or other training or ing employment in the retraining program, or in most eBBechve manner any other terms, condi: ' to ensure that, when tions or privileges of em- such test is admims- - ployment, membership, tered to a job applicant apprenticeship or train- or employee he has ing; or to follow any pol- - a disability that impairs icy or procedure which, sensory, manual -or in fact, results in such -. a speaking skills, the practices without valid:, business motive, Z7) For test results accurately reflect the skills, art!. any person,'. whether an employer or an employee or not, to tude or whatever or at factor of such app'i- cant or employee that aid, abet, incite, compel such test purports to or coerce the doing of measure, rather than, any of the acts forbidden'' reflecting the impaired under this chapter, or at- sensory, manual or tempt to do so. speaking skills of such (6) For an employer, labor employee or applicant - organization, employ '(except where such ment agency or joint la- skills are the factors bor- management cam: that the test purports mince to: - to measure). a' Limit', segregate or ((b) It shall not be an un + C lassify a lob apPlicani �awful-employment prat or employee in a way lice to fill vacancies in -( that adversely affects an way. as to eliminate f the opportunities or or reduce imbalance with 11. - status of such appy- . respect.to race, religion, 1 cant or employee be: tlisability age, color, sex sexual on- N cause of the emotion, - .gender identity, G of such applicant or tlisability , national origin or '1 employee; - ancestry. b. Participate in a con ''. Sep }ipnn7. That Section tractuaP or other ar -. 13 -72 of the Salina Code is ra igement or relation- hereby amended asfollows: ship, including a rela- ;:, Sec. .13 -72.. Unlawful .. 'lionship with an em- - ,,,public accommodation ,ployment or referral ,practices. agency, labor union, It shall be an unlawful pub- an organization provid lic accommodation prat ing fringe benefits to hce:_ an employee or an or- - (11 For any person, as de- fined herein being the owner, operator, lessee, manager, agent or em- ployee of any place of public accommodation to refuse, deny or make a distinction, directly or iit- dire ctly, in offering its goods, services, faciti- Iles, and accommoda- tions to any person as Covered by this chapter because of race; relig- ion, color, sex, sexual of such as any ter, or to attempt to do an (3) For any person, to re- fuse deny, make a tlis tinction, tl rectly or indi- rectly, or discriminate in anyway against persons . because of the race, re lignin, color, sex, sexual orientation, gender der, City, disability, national on n or ancestry of such persons in the full and equal use;and en- joyment of the services, facilities, privileges and advantages of any insth lotion, department or agency of the State of Kansas. or any political subdivision or municipal- ity thereof. (4) Nothing in this chapter shall prohibit a religious organization, association or society, or any non- profit institution or.or- ganization operated sn perinsed, or controlled by or In conjunction with a religious organization, association, or society, from limiting its offerings of goods, services, facili ti as and accommoda- tions, to persons of the same religion, or from that above Subject to the provisions of section 13 -104 and amendments thereto, it shall be unlawful for any mon: 1)To refuse to sell or rent after the making of a 'bona fide offer, to fall to transmit a bona fide offer or refuse to negotiate in good faith for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, . religion, Color, sex, sex- ual orientation, gentler itlentify, disability, Tamil- of status, national origin or ancestry. (2) To discriminate against any person in the terms, conditions or privileges - a; or rental of a dwelling, or in the provi.. Stan of services or facili ties in connection there with;, because of race,. religion, Color,- sex,.sex- ual orientation, gentler ld Sell tv disability, fa ill- iotstatus, national origin or ancestry. (3) To make, print, publish, disseminate or use, or cause to be made, printed, published, dis- seminale0 or used any notice, statement; adver- with respect to the. sale is reasonable to do so, i or rental of a dwelling ! condition permission that indicates any prefer -'. far a. modification an ence, limitation, specifi the renter agreeing to cation or discrimination restore the interior of based on race, religion, the ppremises to the Color, sex, sexual offer, condition that existed fallen, gender identity, before the modified disability, familial status, lion, reasonable wear nation origin or antes 4ry, or an intention 10 and tear excepted 2. A refusal to make as an any such prefer - j Scrabble accommoda- ence, Inhibition, specifi bons in rules, policies, talon or discrimination. practices or services, (4) To represent to any I . person because of race, when such accommo- religion, color, sex, sex- - dations mayy, be had as- vary to afi ford such - uaorientation, gender _ person equal opporl identiy, disability lentil- only to use and enjoy a tai stattus, national origin dwelling; or - or ancestry that any ; 3.1a connection with the dwelling is not available design and construc- tor inspection, sale or lion of covered multi- - rental when such dwell- .family dwellings for ingg is in fact so available. first occupancy on antl (5) Por profit, to ind" or after February 15, attempt to induce any 7892, a failure to tle - person to sell or rent any sign and construct - tlwelling by represents- ing such dwelling in such tion roger the entry or prospective entry into a manner that: (i) The dwellings have -' the neighborhood of a at least one building person or persons of a entrance on an ac- particular race, religion, e> cessible route, ue color; sex, sexual orien o: " less it is impractical latidn, gender identity,.., to do so because of disabtliN, familial status - the terrain or u. m nallonaff, origin or ances _:'' usual characteristics try of the site. - person ac (6was (ii) With - respect to , to or me cess to or. membership . dwellings with a or participation in any building entrance on multiple - listing - service, an accessible route: real estate brokers' or. (a) The public use ganization or other'sery and Common use ice, organization or facil- portions of such ' ity retain q to the busi- dwellings are ness of smiling or renting a dwelling, or in discrimi readily accessible to and usable by note against such per- persons with dls- . : son in the terms or con abilities;- ' ditions of such: access, (b) All the doors tle - membershiporparnapa " signed to allow .lion, because off race, re- passage into and - ligion, color, sex sexual orientalion, gender ldenc' - within all premises ttty ;.disability familial' within such dwell. ings -are suffi status; national origin or "' ciently. wide to 91- ancestry . - low passage by as 7) To diacriminate against . persons with tlis- ' any person in such per - abilities who are in son s ussor occupancy - wheelchairs; and - of a dwelfingg because of (c) All premises the race, religron,,color, , , within such dwell - +sex, sexual orientation, gender identity, disabil- ings contain the -� . fly, familial status,'n- following features r of adaptive its .r lional angin or ancestry si n' .n Of the people With Whom . ({� qn accessible , n such person associates. route into and (81.(a) To discriminate in through the dwell- .n e sale or rental; or to ..otherwise make unavaik . - (J' Light swR "lies, able or deny, a dwelling electrical outlets m to any buyer or renter thermostats 'and because of a disability other environ- of: mental controls in -1. That buyer or renter; l. A person residing in if accessible loca- or intending to reside - lone; t3) Reinforce. in that swathing alter it i me is in bath - is sold rented or —: made available; or room walls to al- low later into al- la 3. Any :person assoct- "' lion grab bars; aced with that buyer or and renter. (bl - To- discriminate 141 Usable kitch- ens and ., bath - against -iny person in the terms, Conditions or. . moms such that privileges of sale" or : an individual in a wheelchair can rental of a dwelitrg or In „ - maneuver about the provision of seances the space. ' or fignines in Connection „ (tl) Compliance with the with such dwelling be. r appropriate require cause of a disabinly of: - ii ments of the Amencan 1. Thatperson;. - - national standard for 2. Denson rearing i - buildings and facilities- or intending to reside e r ' providingg accessibijily In that dwelling after it and usability for. physi- is so sold, rented or tally handicapped made available; or people, commonly 3 Any - person associ cited as "ANSI ated wdh that person. A117,1 ", suffices to (c) For purposes of this satisfy the .require subsecton 8) drscrini ments of subsection nation inch es 1 -A refusal to permit, at (6)c.3 (ii)(c). su (e) As used in this sub the expense of the median (8), 'this tl person . with a disabil- multifamily dwelimgs" sty, reasonable modifi- means: .cations of existing 1. Buildings consist premises occupied or ing of four (4) or to be occupied by more units if such ! such person if such modifications me be - buiitlings have one (1) or more eleve necessary to atom tors; and such person full enjoy- . 2. Ground floor units ment of the premises; in other builtlin s except that, in the consisting of four �6) case of a rental, the more or more hands, landlord may where it - - - -- — '(t) "Nothing in tots chap ter shall be construed to invalidate or limit any state. Iawr or ordi- nance that requires dwellings to be de signetl and can erected in a manner that affords persons with disabilities greater access than is re quiretl by this chapter. (g) Noining in this as section (8) requires that a dwelling be made available to an individual whose ten- ancy would Constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial Phhfecal dome ge. to a property of others. Bec�ipn e._ That Section 18 102 0l the Salina Code is hereby amended as follows: Sec. 13.102. Real estate transactions. (a) It shall be unlawful for any person or other en- tity whose business in clutles eeaaaina in real terms i such a such a in the any real handled led ;b) As used in this section, real estate related_. transaction ". means any of the following: (1) The making or pun - chasing of loans or providing other finan- cial assistance: a. For, purchasing, constructing, im. proving, repairing or maintaining a dwell- ing; or b. Secured by resint fiat real estate. (2) The selling, brokering or an ran; of resi- dentist real property. (e) Nothing In this section - prohibits a person an gaged in the business of furnishing appraisals of real property to take Into consideration factors other than race, religion; color, sex, sexual orien- tation, gender identity, disability, familial status, national origin oronces- shall or operates for other than a commercial pur- pose to parsons of the same religion, or from . giving preference to such persons, unless membership in such re- ligion is restricted on ac- count of race, color, sex- ual orientation, gender Identity, national origin i or ancestry. Nor shall'. anything in this chapter "i. prohibit a nonprofit pri. vate club in fact not, open to the public, which as an incident to its pri mary purpose or pur :' poses provides lodgings which it owns or open ates for other than a commercial purpose. from limiting the rental or occupancy of such lodg- ings to its members or from giving preference to its members. (b) Nothing in this chapter, other than the prohibi lions against discrimina- toryry advertising as pro vitletl in subparagraph (3) of section 13 -101,' and amendments thereto, shall apply to: (1) The sale or rental of any single- family house by an owner, =1provided the following' itions are met: a. The owner does not own or have any in- terest in more than three (3) single -fam- ily houses at any one(1)time; and to The house is sold use of a real estate broker, agent or salesperson or the facilities of any per -' son in the business of selling or renting , dwellings. It the owner selling the °. house does not re- side in it at the time of the sale or was notthe most recent resident of the house prior to such sale the exemption in this subsection; applies to only one ( 1 such sale in any Nrenty- four period; or (21 Rooms ar units in buildings containing living quarters occu- pied or intended to be occupied by no, more than four (4) families' living independently of each other, if the owner actually main- . tains and occupies - one (1) of such living quarters as the owner's residents. ..(c) (1) Nothing in this chapter limits the appli- cabnity of any reason able local, state, or fed- - eral restrictions regard- ing the maximum rum bar of occupants permit- ted to occupy a dwelling. Nor does any provision in this chapter regardi�p familial status apply with respect to housing for older persons. (2) As used in this sub- section housing for .older persons" means housing: a. Provided under any state. or federal pro ?qram that the Secre lary of the United States Department of Housing and Urban Development deter mines is specifically designed and open ated to assist elderly pparsons (as defined in ,he state or federal program); or b. Intended far, and solely occupied Id persons sixty-two Q), years of age or older; or e Intended and open ated for occupancy by at least one person fifty -five (55) years of age or older per unit In determining - whether housing quali- fies' as housing for alder person. under this subsection the tot - lowing factors must also be present: (i) The existence of significant facilities and services specifi- cally designed to, meet the physical or social needs of older persons, or it the prevision of such fa- cilities and services is not practicable, that such housing is necessary to provide important housing' opportunities for older careens: and (ii) That at least eighty (b) In a civil action brought (BO) percent of the " under this section, the units are occupied rights and remedies of by at least one er- P55)' the parties shall be de- son fifty -f or termmed by applicable years of age older per unit: and federal law. The relief that may be granted in (iii) The publication of, such a civil action shall and adherence to, include at least actual policies and race- demon and punitive damages, :c d ore s which -' inlIundive - and equitable strafe an intent by relief as provitled -by err i the owner or man plicable federal law. ager to provide Section 12. That Section housing for persons 13 -131 of the Salina Code is fifty -five (55) years hereby amended as follows: of age or older. ! Sec. 13 -131. Required " (3 Housing shall not tail . io contract provisions. meet the require -; (al Evert/ contract for or on ments for housing for behalf of the city or any - older persons by rea- : aggency thereof, for con son of a ruction, alteration or re a. Persons residing in pair of any public build such housing as of ! the date of enact ing or public work or for the acquisition of mater- ment of this act who als, equipment, supplies, do not meet the age or services, shall contain' requirements of sub.. provisions by which the: sections (c)(2)b, or contractor and an sub " - - c.; provided, that contractors agree that: new occupants of (1) The contractor and such housing meet] any subcontractors the age require - shall observe the pro - ments of sections visions of this chapter - (c)(2)b. or c.: or and the Kansas act b. Unoccupied units; against discrimination provided, that such and shall not discrimi- units are reserved for occupancy by . note against any per - persons who meet son in the perform son of war under the age required menis o1 subset the present contract . lions (. or a because of race, sex, in this (d) Nothing n this chapter '- sexual orientation, gender identity,, prohibits conduct ecause such a person because such no ion, age, color, no person has been can lional origin ancestry vitletl two (2) or more ordisabilily;. times by any court of - (2) In all solicitations, or competent jurisdiction of advertisements for the illegal manufacture employees, . or distribution of a con tractor shall include - trolled substance as de- the phrase equal on - fined in section 102 of portunity employer, or the federal controlled a similar phrase to be substances act (21 approved by the direc- U.S.C. 802). tor;, Section )1, That Section (31 If the contractor is 13412 0 t e Salina Code is guilty of a viola -. hereby amended as follows: '- .found ton of this Chapter or Sec. 13 -112. Election for the Kansas act against - civil action - - discrimination under a (a) After the commission decision or order of has issued a notice of the commission or the conciliation failure purse Kansas human rights ant to section 13-111 of i- commission which has this article, in cases ; became final, the con - other than those alleging tractor shall be unlawful conduct on the ^ deemed to have basis of sexual arienta- lion. or gender identity, present breached the present breacheand .. the complainant, the re, - it may terminated m. nl, or the cam- canceled , or suspended, in mission . mission . may elect s-" have the claims and e in part, by the a of in b - - whole e, sues asserted in the rea c contracting agency; g minable grounds tleter -'. and `urination decided n a (4) The contractor shall civil action commenced enced include the provisions and maintained by the subsections commission. through (3) in every every (1) An election Iona civil subcontract or pm action under this sub chase order so that., section shall be made such provisions will be no later than twenty lot ndingq upon such oiler an SubconTrector or yen - electdays electing complainant der. receives: (b) In any the notice of the nonce of Coif the hcontract or of ' into city lion failure, or the its agencies r depart agencies tlbein- commissionmakesthe menis shall be in -: election, not more than - eluded a provision that a proviso twenty days attar outing the performance. the notice Conti. A of the Contract the con- is - lion failure is issued. A - tractor will not diy mi -' an note . against any em ' den who makes dent who makes election for civil ac, playas or e applicant for employment the per -. n lion pursuant shall this Lion subsection shall give h Co - termitery the contract_ notice to the commis :: and every contractor, son. If the commission shall include similar pro - " in all a makes an election, 11 makes - shall notify all cam- traits; r. tracts under such ch per' with the plainants and tampon sob's contract dents of the election: city. (2) If an election is made y Section 13 That Section under this subsection, no later than sixty (601,' days after the election.., is made the commis - i sion shall Commence a' civil action in the fell, i- 'eral district court in on own name on behalf bt the complement: In such an action, far::' commission shall be represented by an -a� "ahenComson employed by 13.134 of the Salina Code is hereby amended as follows: See. 13434. Exemptions. The provisions of this arts cle shall not apply to a contract enters by a, contractor: (1) Who would not be con —. sidered as an "employer "' as defined in section 13 -2;: -.. . (2) Whose contracts with Section 17. That this ordi- : the Cit9 cumulatively to- nance Shall be in full force tal $5,000 or less during and effect from and after its the calendar year adoption ion . That Section and publication once in the 3 -148 of the Salina Code is official city newspaper. •reby amended as follows: Introduced: Set. 13 -148. Affirmative: May 14, 2012 management. passed: - (a1 It shall be unlawful for May 21, 2012 the head Of any depart. _ ment, afficial agent, or Norman M, employee of the city or of any tleparimen; Jennings, Mayor thereof acting for or on behalf of saitl of in any [SEAL] - - manner involving em. ATTEST: ploy ant by the city, to Shandi Wicks, CMC, discriminate against any Deputy City Clerk Person otherwise quali (1t) tied in employment or in _- tenure, terms or condi- tions of employment, or to discriminate in promo- tion or increase In com- pensation; or to Publish offers of or to ofr em pigment based upon sue discrimination; or to adept or enforce an yy rule or employment pot icy which discriminates between employees or prospective employees; or to seek information relating to age, race, sex, sexual orientation, gender identity, religion, color, national origin, an- cestry or disability from any person or employee, as a condition of em ment, promotion crease in compm doing as essential quail fication, or to discrimi� nate in the selection of (1) Classification plan.< Analyze and restruc lure where justified to provide maximum op -'. portunity for applicants to quail for employ- ment - as Well as, for employees to ad; vance (2) Staff orientation. InO ate programs to as sure that all personnel' responsible for selec- tion and supervision are award of and pro- vided with training to develop skill in imple- j mentinglhe affirmative action program. (3) Identify areas for concentrated efforts. The directors Shall de- velop statistical infor- motion relative to the utilization of minorities, females and disabled in all departments of the city, identify areas of deficiency, and de- velop goals and meth- ods for correcting such deficiencies. Section 15 That exisfing sections 134, 13 -2, 13- 13-57; 13 -60, 13 -71, 13 -72, 13.101. 13402. 13 -104. the i in 2012.