14-10735 Code Change Rename Human Relations to Community Relations(Summary published in The Salina Journal on ))_, 2014.)
(Published on the City of Salinas website for a minimum of one wk from �, 2014.)
ORDINANCE NUMBER 14-10735
AN ORDINANCE AMENDING SALINA CODE SECTIONS 13-1,13-2, 13-58, 13-59, 13-60, 13-
131, 13-141, 13-147 AND 13-149 PERTAINING TO THE RENAMING OF THE HUMAN
RELATIONS DEPARTMENT TO THE COMMUNITY RELATIONS DEPARTMENT AND
a
REPEALING THE EXISTING SECTIONS.
w
BE IT ORDAINED by the Governing Body of Salina. Kansas:
Section 1. Background. By Resolution No. 14-7090 adopted on April 21, 2014, the Governing Body
authorized the renaming of the Human Relations Department to the Community Relations Department.
This ordinance amends those sections of the Salina Code which refer to the department by name to refer
Ito the Community Relations Department.
Section 2. Amendment. Salina Code Sections 13-1. 13-2. 13-58. 13-59. 13-60. 13-131. 13-141. 13-
147 and 13-149 are amended to provide as follows:
Sec. 13-1. Declaration of policy.
(a) The practice or policy of discrimination against individuals by reason of race. sex, familial
status, disability, religion. age. color, national origin or ancestry, 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 to eliminate and prevent discrimination. segregation or separation in
housing as provided in this chapter.
(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, disability, religion, age, color, national
origin or ancestry, in securing and holding; without discrimination, employment in any field of
work or labor for which a person is properly qualified or qualifiable, to assure equal opportunity
to all persons within the city to full and equal public accommodations. and to assure equal
opportunities in housing without distinction on account of race. sex. familial status. disability.
religion, color, national origin or ancestry. It is further declared that the opportunity to secure
and to hold employment; the opportunity for full and equal public accommodations as covered
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 chapter to establish and to
provide a city human relations commission and a community relations department.
See. 13-2. Definitions.
When used in this chapter, the following words and phrases shall have the meaning indicated.
This chapter prohibits discrimination based upon sex, and accordingly, the personal pronouns
and gender of nouns used in this chapter shall not be construed as limiting the provisions of this
chapter to one or to the other sex:
Age means an age of forty (40) or more years but less than seventy (70) years.
Chairperson means the person chairing the human relations commission created by this
chapter.
Commission means the human relations commission created by this chapter.
Complainant means any person claiming to be aggrieved by any unlawful discriminatory,
practice or violation of this chapter.
Contract means any contract entered into by the city or any of its agencies.
Contractor means any individual, partnership; corporation, association or other entities
entering into a contract with the city, and who is an employer as herein defined.
Director means the director of the community relations department.
Disability means, with respect to an individual:
(1) A physical or mental impairment that substantially limits one (1) or more of the major
life activities of such individual:
(2) A record of such an impairment: or
(3) Being regarded as having such an impairment by the person or entity alleged to have
committed the unlawful discriminatory, practice complained of.
"Disability" does not include current, illegal use of a controlled substance as defined in
section 102 of the federal controlled substance act (21 U.S.C. 802), in housing
discrimination. In employment and public accommodation discrimination. "disability"
does not include an individual who is currently engaging in the illegal use of drugs
where possession or distribution of such drugs is unlawful under the controlled
substance act (21 U.S.C. 812) when the covered entity acts on the basis of such use.
Lhrelling means any building, structure or portion thereof which is occupied as, or
designated or intended for occupancy as. a residence by one (1) or more families, and any
vacant land which is offered for sale or lease for the construction or location thereon of any
such building, structure, or portion thereof.
Employee means any person employed by an employer but does not include any individual
w
employed by such individual's parents, spouse, or child, or in the domestic service of any
person.
y
8
Employer includes any person in the city employing four (4) or more persons, and any
o
person acting directly or indirectly for an employer. labor organizations. nonsectarian
'
corporations, organizations engaged in social service work. and the Cit- of Salina and all
political and municipal subdivisions thereof but shall not include a nonprofit fraternal or
social association or corporation.
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.
Familial status means having one (1) or more individuals less than eighteen (18) years of
age domiciled with:
(1) A parent or another person having legal custody of such individual or individuals: or
(2) The designee of such parent or other person having such custody, with the written
permission of such parent or other person.
The protections against discrimination afforded individuals on the basis of familial
status shall apply to any person who is pregnant or is in the processing of securing
legal custody of any individual who has not attained the age of eighteen (18) years.
Financial institution means any person regularly engaged in the business of lending money
or guaranteeing loans on housing accommodations or real property.
Hotel means every building or other structure which is kept, used, maintained. advertised or
held out to the public as a place where sleeping accommodations are offered for pay
primarily to transient guests and in which four (4) or more rooms are used for the
accommodation of such guests, regardless of whether such building or structure is
designated as a cabin camp, tourist cabin. motel or other type of lodging unit.
'
Housing accommodation means:
(1) Any building or portion thereof which is used or intended for use as the residence or
sleeping place of one (1) 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 (2) families, one (1) of which is occupied by the owner or his family at the
time of rental:
b. 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 organisation includes any organization which exists for the purpose, in whole or in
part, of collective bargaining, of dealing with employers concerning grievances, terms or
conditions of employment or of other mutual aid or protection in relation to employment.
Occupational qualifications as used herein, are those qualifications which can be shown to
be demonstrably valid to the normal operation or performance of a particularjob, business or
enterprise.
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 or real property within the corporate limits of the city.
Person includes one (1) or more individuals, partnerships, associations, organizations,
corporations, municipal corporations, quasi -municipal corporations, governmental agencies,
public bodies, legal representatives, trustees, trustees in bankruptcy. receivers, fiduciaries,
mutual companies or unincorporated organizations.
Person aggrieved means any person who claims to have been injured by a discriminatory act
or practice or believes that such person will be injured by a discriminatory act or practice
that is about to occur.
Probable cause means the presence of a reasonable ground for belief in the existence of the
allegation of a violation of any statute, ordinance, or other authority, orders, rules or
regulations.
Public accommodations shall include any person who caters or offers goods, services,
facilities and accommodations to the public. Public accommodations include, but are not
2
Sec. 13-58. Creation of department.
There is hereby created a community relations department for the purpose of administering and
enforcing the provisions of this chapter or as hereafter amended.
Sec. 13-59. Position of director of community relations created; appointment, salary.
There is hereby created the position of director of community relations of the city to be
appointed by and directly responsible to the city manager. The human relations commission may
submit recommendations to the city manager of applicants for this position, but merit and fitness
shall be the governing criteria in the selection of the director of community relations.
Sec. 13-60. Duties, responsibilities, and authority of community relations director.
The director shall have the following duties, responsibilities, and authority. The administration
of this chapter shall be the responsibility of the director of the community relations department
and his designated staff. The director shall promulgate procedure to implement, expedite. and
effectuate the provisions of this chapter. In addition to any powers and responsibilities
heretofore conferred in the director, the director shall have the power and responsibility to:
(1) Seek to eliminate and prevent discrimination in employment because of race. sex.
religion, age, color, national origin. ancestry, disability, or familial 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, disability, or familial status, as provided herein;
3
limited to, any lodging establishment or food service establishment, as defined by K.S.A.
36-501 and amendments thereto; any bar, tavern, barbershop, beauty parlor, theater, skating
rink, bowling alley, billiard parlor, amusementpark, recreation park, swimming pool, lake.
gymnasium, mortuary or cemetery which is open to the public; or any public transportation
facility. Public accommodations do not include a religious or nonprofit fraternal or social
w
association or corporation.
=
Real estate broker means any person who, for a fee or other valuable consideration, sells,
6
purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase.
a
exchange or rental of housing accommodations or real property of another person.
'
C
Real estate salesman or agent means 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.
Reasonable accommodation means:
(1) (In the context of employment under article 111 of this chapter) making existing facilities
used by employees readily accessible to and usable by individuals with disabilities: job
restructuring: part time or modified work schedules: reassignment to a vacant position:
acquisition or modification of equipment or devices: appropriate adjustment or
modifications of examinations, training materials or policies: provision of qualified
readers or interpreters: and other similar accommodations for individuals with
disabilities.
(2) (In the context of housing under article V of this chapter) those reasonable measures
which may be necessary to afford a disabled person equal opportunity to use and enjoy
a dwelling unit, including public and common use areas.
Restaurant means any place in which food is served or is prepared for sale or service on the
premises or elsewhere. Such term shall include. but not be limited to, fixed or mobile
restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill. tea room, sandwich
shop, soda fountain. tavern, private club, roadside stand, industrial feeding establishment,
catering kitchen, commissary and any other private, public or nonprofit organization or
institution routinely serving food and any other eating or drinking establishment or operation
where food is served or provided for the public with or without charge. l Cross references:
Administration, Ch. 2; boards and commissions eenerally. § 2-136 et seq.
1
Respondent means any person alleged to have committed any unlawful act or violation of
this chapter.
Subcontractor means any individual, partnership, corporation, association, or other entity. or
any combination of the foregoing which shall undertake, by virtue of a separate contract
with a contractor as defined herein, to fulfill all or any part of any contractor's obligation
under a contract with the city, or who shall exercise any right granted to a franchise holder.
and who is an employer as herein defined.
To rent means to lease. to sublease. to let and otherwise to grant for a consideration the right
to occupy premises not owned by the occupant.
Sec. 13-58. Creation of department.
There is hereby created a community relations department for the purpose of administering and
enforcing the provisions of this chapter or as hereafter amended.
Sec. 13-59. Position of director of community relations created; appointment, salary.
There is hereby created the position of director of community relations of the city to be
appointed by and directly responsible to the city manager. The human relations commission may
submit recommendations to the city manager of applicants for this position, but merit and fitness
shall be the governing criteria in the selection of the director of community relations.
Sec. 13-60. Duties, responsibilities, and authority of community relations director.
The director shall have the following duties, responsibilities, and authority. The administration
of this chapter shall be the responsibility of the director of the community relations department
and his designated staff. The director shall promulgate procedure to implement, expedite. and
effectuate the provisions of this chapter. In addition to any powers and responsibilities
heretofore conferred in the director, the director shall have the power and responsibility to:
(1) Seek to eliminate and prevent discrimination in employment because of race. sex.
religion, age, color, national origin. ancestry, disability, or familial 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, disability, or familial status, as provided herein;
3
(2) Effectuate the purposes of this chapter first by conference. conciliation, and persuasion
(a) 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:
(1) The contractor and any subcontractor shall observe the provisions of this chapter and the
Kansas act against discrimination and shall not discriminate against any person in the
performance of work under the present contract because of race, religion, age, color, sex.
disability, national origin, or ancestry:
(2) 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 city's community
relations director:
(3) If the contractor fails to comply with the manner in which the contractor reports to the
commission or the Kansas human rights commission in accordance with the provisions of this
chapter or K.S.A. 44-1031 and amendments thereto, the contractor shall be deemed to have
breached the present contract and it may be canceled, terminated or suspended. in whole or in
part, by the city:
(4) If the contractor is found guilty of a violation of this chapter or the Kansas act against
discrimination under a decision or order of the commission or the Kansas human rights
commission which has become final, the contractor shall be deemed to have breached the
present contract and it may be canceled, terminated or suspended, in whole or in part. by the
city: and
(5) The contractor shall include the provisions of subsections (a)(1) through (4) in ever%
subcontract or purchase order so that such provisions will be binding upon such subcontractor or
vendor.
(b) Even contract entered into by the city or any of its agencies shall include 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 such person's contract with the cit}'.
(c) The provisions of this article shall not apply to a contract entered into by a contractor
(1) who would not be considered an "employer' as defined in Section 13-2:
(2) whose contracts with the City cumulatively total $5,000 or less during the calendar year.
Sec. 13-141. Definitions.
4
so that persons may be guaranteed their civil rights and good will fostered:
(3) Seek cooperation from, and upon request, make technical assistance available to all city
government departments and agencies:
(4) Receive, investigate, initiate and attempt to conciliate complaints alleging discrimination
w
in employment, housing and public accommodations because of race, sex, religion,
y
age, color, national origin. ancestry, disability, or familial status:
(5) Pursue the goals of affirmative action implementation within municipal government and
external to municipal government through continued dialogue and technical assistance:
8
(6) In conducting an investigation, the director or his staff 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 case of the refusal of any person to comply with any subpoena
issued by the local human relations commission. or to testify to any matter regarding
which such person may be lawfully questioned, the district court of Saline County may,
upon application of the local community relations department, order such person to
comply with such subpoena and to testify to the extent such person could be so
compelled pursuant to the provisions of subsection (2) of section 13-57 and state law:
(7) Request that the city attorney apply to the district court of Saline County for temporary
or permanent injunctive relief to enjoin violation of this chapter:
(8) Request that the city attorney apply to the district 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 as agenda, minutes, and schedules of commission meetings to
the commission, to the governing body. and to the city manager: advise the local news
media of commission meetings and agenda.
Sec. 13-131. Required contract provisions.
(a) 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:
(1) The contractor and any subcontractor shall observe the provisions of this chapter and the
Kansas act against discrimination and shall not discriminate against any person in the
performance of work under the present contract because of race, religion, age, color, sex.
disability, national origin, or ancestry:
(2) 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 city's community
relations director:
(3) If the contractor fails to comply with the manner in which the contractor reports to the
commission or the Kansas human rights commission in accordance with the provisions of this
chapter or K.S.A. 44-1031 and amendments thereto, the contractor shall be deemed to have
breached the present contract and it may be canceled, terminated or suspended. in whole or in
part, by the city:
(4) If the contractor is found guilty of a violation of this chapter or the Kansas act against
discrimination under a decision or order of the commission or the Kansas human rights
commission which has become final, the contractor shall be deemed to have breached the
present contract and it may be canceled, terminated or suspended, in whole or in part. by the
city: and
(5) The contractor shall include the provisions of subsections (a)(1) through (4) in ever%
subcontract or purchase order so that such provisions will be binding upon such subcontractor or
vendor.
(b) Even contract entered into by the city or any of its agencies shall include 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 such person's contract with the cit}'.
(c) The provisions of this article shall not apply to a contract entered into by a contractor
(1) who would not be considered an "employer' as defined in Section 13-2:
(2) whose contracts with the City cumulatively total $5,000 or less during the calendar year.
Sec. 13-141. Definitions.
4
The words and phrases defined in the following sections. when used in this article, shall have the
meanings indicated:
Directors means the director of personnel and the director of community relations.
A4inoriry as defined bN the federal EEOC are members of racial or ethnic groups which have
Z encountered, or now encounter, employment or other discrimination in our society because
w of such group membership or affiliations. Ethnic categories as defined by federal EEOC are:
H (1) The category "white" should include persons of Indo-European descent, including
s Pakistani and East Indian.
1 (2) The category "black" should include persons of African descent as well as those
identified as Jamaican, Trinidadian and West Indian.
(3) The category "Spanish Surnamed" should include persons of Mexican. Puerto Rican,
Cuban, Central, South or Latin American or Spanish descent.
(4) The category "American Indian" or "Alaskan Native" should include persons having
origin in any of the "original peoples" of North America, and who maintain cultural
identification throueh tribal affiliation.
(5) The category "Asian American" or "Pacific Islander" should include persons having
origins in any of the "original peoples" of the Far East, the Indian subcontinent or
the Pacific Islands. This area includes China, India, Japan, Korea, Malaysia,
Thailand, the Philippine Islands and Samoa.
Program means the affirmative action program.
Sec. 13-147. Recruiting and advertising.
(a) In order to insure nondiscrimination in employment opportunities, the director of personnel
shall promptly notify the director of community relations of any vacancy to be filled. The
director of community relations shall, upon receivine any job vacancy listing, promptly post
notice of such in public locations in at least three (3) places throughout the city. The director of
personnel shall be responsible for seeing that an advertisement is given publication in at least
one (1) and not more than three (3) periodical news agencies with general circulation in the city.
The city shall be responsible for the payment of all advertising costs. No person shall be
employed to fill any vacancy. except in the semiskilled and laborer -type categories, within ten
(10) days after the vacancy is listed with the director of community relations, unless in the
opinion of the city manager, an emergency exists. Vacancies in the semiskilled and laborer -type
categories may be filled after publication of the vacancy. All applications for employment shall
be filled with the director of personnel.
(b) Recruiting efforts shall be directed toward educational institutions having minority and/or
female or disabled enrollment.
(c) Communications and referral relationships to be established and maintained with groups and
organizations likely to yield minority, female or disabled applicants.
(d) Advertising for applicants shall be done in the manner most likely to reflect the city's
affirmative desire to attract minority, female and disabled applicants.
Sec. 13-149. Evaluation.
(a) There is hereby established an affirmative action evaluation committee composed of the city
manager or his designee, the director of personnel, the director of community relations and other
department heads as the city manager may deem appropriate. The city manager or his designee
shall serve as chairman of the committee.
(b) The committee shall advise the department heads on implementation procedures,
identification of areas for concentrated efforts_. and aid in other matters related to
implementation of the program.
(c) The committee shall meet not less than quarterly to review overall progress on
' implementation of the program. They shall make any modifications as may be necessary to
assure maximum, effective implementation of the program.
Section 3. Repealer. Existing Salina Code Sections 13-1, 13-2. 13-58. 13-59, 13-60, 13-131. 13-141,
13-147 and 13-149 are repealed.
tion 4. Effective. This ordinance shall be in full force and effect from and after its adoption and
lication once in the official city newspaper by the following summary:
Ordinance No. 14-10735 Summary
On May 5. 2014, the City Commission passed Ordinance No. 14-10735. The Ordinance amends
Salina Code Sec 13-1. 13-2, 13-58, 13-59. 13-60. 13-131. 13-141. 13-147 and 13-149 pertaining
5
s
the renaming of the Human Relations Department to the Community Relations Department and
repeals the existing section. A complete copy of the Ordinance can be found at www.salina-
ks.gov or in the office of the City Clerk, 300 W. Ash. free of charge. This summary is certified
by the City's legal counsel.
Certification of Publication Summary:
Counsel
tant
C
Introduced: April 28. 2014
Passed: 1y4 014
Aaron K. Householter. Mayor