15-10771 Amending Chapter 13 Pertaining to Equal Opportunity(Summary published in The Salina Journal on June, 2015.) q ,_��
(Published on the City of Salina's website for a minimum of one week from June IIP, 2015.)
ORDINANCE NUMBER 15-10771
AN ORDINANCE AMENDING AND RESTATING, IN ITS ENTIRETY, CHAPTER 13 OF
THE SALINA CODE PERTAINING TO EQUAL OPPORTUNITY AND REPEALING THE
EXISTING CHAPTER 13.
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w BE IT ORDAINED BY THE GOVERNING BODY OF SALINA. KANSAS:
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Section 1. Amendment and Restatement.
Salina Code Chapter 13 is amended and restated, in its entirety, as follows:
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CHAPTER 13. EQUAL OPPORTUNITY 1
Art. 1. In General, §§ 13-1-13-50
Art. 11. Human Relations Commission, §§ 13-51-13-70
Art. 111. Unlawful Practices, §§ 13-71-43-80
Art. IV. Complaint Procedures for Unlawful Employment and Discriminatory
Practices, §§ 13-81-43-100
Art. V. Unlawful Housing Practices, §§ 13-101-13-104
Art. VI. Housing Complaint Procedure §§ 13-105-13-130
Art. VII. Public Contracts, §§ 13-131-43-140
Art. VIII. The Organizational Structure and Responsibilities for Carrying Out the City's
Commitment to the Principle of Nondiscrimination in City Employment, §§ 13-141-13-160
ARTICLE 1. IN GENERAL
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 the 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 anv 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.
(Ord. No. 92-9493, § 1. 2-3-92)
Sec. 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.
"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). "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.
Discrimination means any direct or indirect exclusion, distinction, segregation, limitation, refusal,
denial or any other differentiation or preference in the treatment of a person or persons on account of
age, race, religion, color, sex, familial status, national origin, ancestry or disability and/or any denial
of any right, privilege or immunity secured by or protected by lay. Discrimination shall include but
not be limited to any practice which produces a demonstrable racial or ethnic effect without a valid
business motive.
Dwelling 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
employed by such individual's parents, spouse, or child, or in the domestic service of any person.
Employer includes any person within the city employing four (4) or more persons, and any person
acting directly or indirectly for an employer, labor organizations, nonsectarian corporations,
organizations engaged in social service work, and the City of Salina and all political and municipal
subdivisions thereof, but shall not include a nonprofit fraternal or social association or corporation.
Chairperson means the individual chairing the human relations commission created by this chapter.
Commission means the human relations commission created by this chapter.
Complainant means the person who files a complaint under this chapter.
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Complaint means a written statement made under oath or affirmation and filed with the commission
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alleging any violation of any statutory or other authority, orders, rules or regulations over which the
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commission may have jurisdiction or which the commission may enforce.
Conciliation means the attempted resolution of issues raised by a complaint, or by the investigation
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of a complaint, through informal negotiations involving the complainant, the respondent and the
director.
Conciliation agreement means a written agreement setting forth the resolution of the issues in
conciliation.
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.
Designated legal counsel means any legal counsel designated by the city manager to assist the
community relations department and the commission.
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.
"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). "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.
Discrimination means any direct or indirect exclusion, distinction, segregation, limitation, refusal,
denial or any other differentiation or preference in the treatment of a person or persons on account of
age, race, religion, color, sex, familial status, national origin, ancestry or disability and/or any denial
of any right, privilege or immunity secured by or protected by lay. Discrimination shall include but
not be limited to any practice which produces a demonstrable racial or ethnic effect without a valid
business motive.
Dwelling 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
employed by such individual's parents, spouse, or child, or in the domestic service of any person.
Employer includes any person within the city employing four (4) or more persons, and any person
acting directly or indirectly for an employer, labor organizations, nonsectarian corporations,
organizations engaged in social service work, and the City of Salina and all political and municipal
subdivisions thereof, but shall not include a nonprofit fraternal or social association or corporation.
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 the owner's 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 the owner or members of
the owner's family reside.
Labor organi_ation 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 particular job, business or
enterprise.
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Employer includes any person within the city employing four (4) or more persons; and any person
acting directly or indirectly for an employer, labor organizations, nonsectarian corporations,
organizations engaged in social service work, and the City of Salina and all political and municipal
subdivisions thereof. but shall not include a nonprofit fraternal or social association or corporation.
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Employment agency includes any person or governmental agency undertaking, with or without
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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.
Genetic screening or testing means a laboratory test of a person's genes or chromosomes for
abnormalities, defects or deficiencies, including carrier status, that are linked to physical or
mental disorders or impairments, or that indicate a susceptibility to illness; disease or other
disorders. whether physical or mental. which test is a direct test for abnormalities. defects or
deficiencies, and not an indirect manifestation of genetic disorders.
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 the owner's 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 the owner or members of
the owner's family reside.
Labor organi_ation 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 particular job, business or
enterprise.
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Owner shall mean and include the owner, lessee, sublessee, assignee, manager, aeent. 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. as the legal context may permit, one (1) or more individuals, partnerships.
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associations. organizations, corporations, municipal corporations, quasi-municipal corporations.
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eovernmental agencies, public bodies, legal representatives, trustees. trustees in bankruptcy.
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receivers. fiduciaries, mutual companies or unincorporated organizations.
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Person aggrieved means any person who claims to have been injured by a discriminatory act or
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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 alleged
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 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.
amusement park, 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 association or corporation.
Real estate broker means 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.
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 III 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.
, Cross references: Administration, Ch. 2; boards and commissions generally, § 2-136 et seq.
Respondent means any person against whom a complaint has been filed alleging a 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
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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 rieht to
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occupy premises not owned by the occupant. y -
N Unlaftjnl practice means any practice described as unlawful in Section 13-71 or in Section 13-72.
(Ord. No. 92-9493, § 1, 2-3-92: Ord. No. 92-9519. § I. 7-20-92)
= Cross references: Definitions and ries of construction, generally, § 1-2.
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Sec. 13-3. Construction.
(a) The provisions of this chapter shall be construed liberally for the accomplishment of the purposes
thereof. Nothing contained in this chapter shall be deemed to repeal any of the provisions of any other
law of this city relating to discrimination because of race, religion, color, sex, disability, national origin
or ancestry, unless the same is specifically repealed by this chapter.
(b) Nothing in this chapter shall be construed to mean that an employer shall be forced to hire
unqualified or incompetent personnel, or discharge qualified or competent personnel.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-4. Invalidity of part.
If any clause, sentence, paragraph or part of this chapter or the application thereof to any person or
circumstances shall for any reason be adjudged by a court of competent jurisdiction to be invalid such
judgment shall not affect, impair or invalidate the remainder of this chapter and the application thereof
to other persons or circumstances, but shall be confined in its operation to the clause, sentence,
paragraph or part thereof directly involved in the controversy in which such judgment shall have been
rendered and the persons or circumstances involved. It is hereby declared to be the legislative intent that
this chapter would have been adopted had such provisions not been included.
(Ord. No. 92-9493. § 1. 2-3-92)
Secs. 13-5--13-50. Reserved.
ARTICLE IL HUMAN RELATIONS COMMISSION2
Sec. 13-51. Created.
There is hereby created the human relations commission.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-52. Composition, appointment.
The human relations commission shall consist of nine (9) members, at least three (3) of whom shall be
members of a significant ethnic or minority group within the community, who shall be appointed by the
mayor, with the consent of the board of commissioners.
(Ord. No. 92-9493, a I. 2-3-92)
II Sec. 13-53. Terms.
Initial appointments to the human relations commission shall be for one-, two-, and three-year terms,
and thereafter all appointments shall be for a term of three (3) years and until a successor is qualified.
provided; however, no person shall serve for more than eight (8) consecutive years. The term of office
of each chairperson and vice -chairperson shall be for one (1) year, and no person shall serve for more
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than two (2) consecutive terms in the same office; unless such election to the immediately subsequent
term is made by members of the commission by unanimous vote.
(Ord. No. 92-9493, § I, 2-3-92)
"- See. 13-54. Compensation.
The members of the human relations commission shall serve without compensation.
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Sec. 13-55. Officers.
= The human relations commission shall elect one (1) of its members as chairperson, who shall preside at
all meetings of the commission and perform all the normal duties and functions of the chairperson. 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 (1) 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.
The chairperson or vice -chairperson may resign from office without resigning from the commission. In
such event, the commission shall elect another member as a replacement for the unexpired term.
(Ord. No. 92-9493. § L 2-3-92)
Sec. 13-56. Quorum.
A majority of the presently serving members of the human relations commission shall constitute a
quorum for the purpose of conducting its business.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-57. Powers and duties.
The commission shall have the following functions, powers and duties:
(1) To receive, initiate, investigate and pass upon complaints alleging violations of this chapter.
(2) To subpoena witnesses, compel their appearance and require the production for examination of
records, documents and other evidence or possible sources of evidence and to examine, record
and copy such materials and take and record the testimony or statements of such persons. The
commission may issue subpoenas to compel access to or the production of such materials, or
the appearance of such persons, and may issue interrogatories to a respondent to the same
extent and subject to the same limitations as would apply if the subpoena or interrogatories
were issued or served in aid of a civil action in the district court. The commission shall have
access at all reasonable times to premises and may compel such access by application to a
court of competent jurisdiction; provided that the commission first complies with the
provisions of Article 15 of the Kansas Bill of Rights and the Fourth Amendment to the United
States Constitution relating to unreasonable searches and seizures.
(3) To hold public hearings, administer oaths, and take depositions to the same extent and subject
to the same limitations as would apply if the deposition was taken in aid of a civil action in the
district court. In case of the refusal of any person to comply with any subpoena, interrogatory
or search warrant issued hereunder, the human relations commission may make application to
the district court to compel compliance pursuant to state lay.
(4) To act in concert with other parties in interest in order to eliminate and prevent discrimination
and segregation, prohibited by this chapter, by including any term in a conciliation agreement
as could be included in a final order under this chapter.
(5) To apply to the district court for enforcement of any conciliation agreement by seeking specific
performance of such agreement.
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See. 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.
(Ord. No. 92-9493. § I. 2-3-92)
See. 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.
(Ord. No. 92-9493. § 1. 2-3-92)
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
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III To bring a civil action in the district court of Saline County for appropriate temporary or
preliminary relief pending final disposition of a complaint under this chapter.
(7) To issue such final orders after a public hearing as may remedy any existing situation found to
violate this chapter and prevent its recurrence: and. if necessary, to seek enforcement of such
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final orders pursuant to federal and state law.
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(8) To endeavor to eliminate prejudice among the various ethnic groups and people with
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disabilities in the city and to further good will among such groups.
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(9) To create such advisory agencies and conciliation councils, as in its judgment will aid in
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effectuating the purposes of this chapter: to study the problem of discrimination in all or
specific fields or instances of discrimination because of race, religion, color. sex. disability,
national origin or ancestry; to foster, through community effort or otherwise, good will,
cooperation and conciliation among the groups and elements of the population of the city: and
to make recommendations to the commission for the development of policies and procedures.
and for programs of formal and informal education. which the commission may recommend to
the city commission. Such advisory agencies and conciliation councils shall be composed of
representative citizens serving without pay. The commission may itself make the studies and
perform the acts authorized by this paragraph. It may, by voluntary conferences with parties in
interest. endeavor by conciliation and persuasion to eliminate discrimination in all the stated
fields and to foster good will and cooperation among all elements of the population of the city.
(10) To accept contributions from any person to assist in the effectuation of this chapter and to
seek and enlist the cooperation of private, charitable, religious, labor, civic and benevolent
organizations for the purposes of this chapter.
(11) 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;
religion, color, sex, disability; national origin or ancestry.
(12) 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.
(1 3)) To receive and accept federal funds to effectuate the purposes of this chapter and to enter
into agreements with any federal agency for such purpose.
(Ord. No. 92-9493. § I. 2-3-92)
See. 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.
(Ord. No. 92-9493. § I. 2-3-92)
See. 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.
(Ord. No. 92-9493. § 1. 2-3-92)
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
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provisions of this chapter. In addition to an}, 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
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because of race, sex, religion; age, color, national origin, ancestry, disability, or familial status,
as provided herein:
(2) Effectuate the purposes of this chapter first by conference, conciliation, and persuasion 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 violations of this
chapter:
(5) Pursue the goals of affirmative action implementation within municipal government and
external to municipal government through continued dialogue and technical assistance:
(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 cop}, 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 designated legal counsel apply to the district court of Saline County for
temporary or permanent injunctive relief to enjoin violation of this chapter:
(8) Request that the designated legal counsel 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.
(Ord. No. 92-9493. i t. 2-3-92)
Secs. 13-61--13-70. Reserved.
ARTICLE 111. UNLAWFUL PRACTICES
Sec. 13-71. Unlawful employment practices.
(a) It shall be an unlawful employment practice:
(1) For an employer, because of the race, religion, age, color, sex, disability. national origin or
ancestry of any person to refuse to hire or employ such person to bar or discharge such person
from employment or to otherwise discriminate against such person in compensation or in
terms. conditions or privileges of employment: to limit, segregate, separate, classify or make
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(7) For any person, whether an employer or an employee or not, to aid. abet; incite, compel or
coerce the doing of any of the acts forbidden under this chapter, or attempt to do so.
(8) For an employer; labor organization, employment agency or joint labor-management
committee to:
a. Limit; segregate or classify a job applicant or employee in a way that adversely affects
the opportunities or status of such applicant or employee because of the disability of such
applicant or employee;
b. Participate in a contractual or other arrangement or relationship, including a relationship
with an employment or referral agency, labor union, an organization providing fringe
benefits to an employee or an organization providing training and apprenticeship
programs that has the effect of subjecting a qualified applicant or employee with a
1 II disability to the discrimination prohibited by this chapter
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any distinction in regards to employees; or to follow any employment procedure or practice
which. in fact. results in discrimination, segregation or separation without a valid business
necessity.
(2) For a labor organization, because of the race. religion, age, color. sex, disability, national
origin or ancestry of an}, person, to exclude or to expel from its membership such person or to
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discriminate in any way against any of its members or against any employer or any person
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employed by an employer.
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(3) For any employer, employment agency or labor organization to print or circulate or cause to be
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printed or circulated any statement, advertisement or publication, or to use any form of
application for employment or membership or to make any inquiry in connection with
prospective employment or membership, which expresses; directly or indirectly, any
limitation, specification or discrimination as to race, religion, age; color, sex, disability.
national origin or ancestry, or any intent to make any such limitation, specification or
discrimination, unless based on a bona fide occupational qualification.
(4) For any employer, employment agency or labor organization to discharge, expel or otherwise
discriminate against any person because such person has opposed any practices or acts
forbidden under this chapter or because such person has filed a complaint, testified or assisted
in any proceeding under this chapter.
(5) For an employment agency to refuse to list and properly classify for employment or to refuse
to refer any person for employment or otherwise discriminate against any person because of
such person's race, religion, age, color, sex, disability, national origin or ancestry; 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 limitation, specification or discrimination as to race.
religion, color, sex, disability, national origin or ancestry.
(6) For an employer, labor organization, employment agency, or school which provides,
coordinates or controls apprenticeship, on-the-job, or other training or retraining program, to
maintain a practice of discrimination, segregation or separation because of race, religion, age,
color, sex, disability, national origin or ancestry, in admission, hiring, assignments, upgrading,
transfers, promotion, layoff, dismissal, apprenticeship or other training or retraining program,
or in any other terms, conditions or privileges of employment, membership; apprenticeship or
training; or to follow any policy or procedure which, in fact, results in such practices without a
valid business motive.
(7) For any person, whether an employer or an employee or not, to aid. abet; incite, compel or
coerce the doing of any of the acts forbidden under this chapter, or attempt to do so.
(8) For an employer; labor organization, employment agency or joint labor-management
committee to:
a. Limit; segregate or classify a job applicant or employee in a way that adversely affects
the opportunities or status of such applicant or employee because of the disability of such
applicant or employee;
b. Participate in a contractual or other arrangement or relationship, including a relationship
with an employment or referral agency, labor union, an organization providing fringe
benefits to an employee or an organization providing training and apprenticeship
programs that has the effect of subjecting a qualified applicant or employee with a
1 II disability to the discrimination prohibited by this chapter
E
C. Utilize standards criteria, or methods of administration that have the effect of
discrimination on the basis of disability or that perpetuate the discrimination of others
who are subject to common administrative control:
d. Exclude or otherwise deny equal jobs or benefits to a qualified individual because of the
known disability of an individual with whom the qualified individual is known to have a
w relationship or association:
e. Not make reasonable accommodations or modifications to the known physical or mental
N
limitations of an otherwise qualified individual with a disability who is an applicant or
employee, unless such employer, labor organization, employment agency or joint labor-
management committee can demonstrate that the accommodation would impose an undue
hardship on the operation of the business thereof:
f Deny employment opportunities to a job applicant or employee who is an otherwise
qualified individual with a disability, if such denial is based on the need to make
reasonable accommodation to the physical or mental impairments of the employee or
applicant:
g. Use qualification standards, employment tests or other selection criteria that screen out or
tend to screen out an individual with a disability or a class of individuals with disabilities
unless the standard, test or other selection criteria. as used, is shown to be job-related for
the position in question and is consistent with business necessity: or
h. Fail to select and administer tests concerning employment in the most effective manner to
ensure that, when such test is administered to a job applicant or employee who has a
disability that impairs sensory, manual or speaking skills, the test results accurately
reflect the skills, aptitude or whatever other factor of such applicant or employee that
such test purports to measure, rather than reflecting the impaired sensory, manual or
speaking skills of such employee or applicant (except where such skills are the factors
that the test purports to measure).
i. Seek to obtain, to obtain or to use genetic screening or testing information of an
employee or a prospective employee to distinguish between or discriminate against or
restrict any right or benefit otherwise due or available to an employee ora prospective
employee or subject, directly or indirectly, any employee or prospective employee to
any genetic screening or test.
(b) It shall not be an unlawful employment practice to fill vacancies in such way as to eliminate or
reduce imbalance with respect to race, religion, age, color, sex, disability, national origin or ancestry.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-72. Unlawful discriminatory practices.
It shall be an unlawful discriminatory practice:
(1) For any person, as defined herein being the owner, operator, lessee, manager, agent or
employee of any place of public accommodation 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 chapter because of race, religion. color, sex, disability, national origin or
ancestry, except where a distinction because of sex is necessary because of the intrinsic nature
of such accommodation.
II(2) For any person, whether or not specifically enjoined from discriminating under any provisions
of this chapter, to aid, abet, incite, compel or coerce the doing of any of the acts forbidden
under this chapter, or to attempt to do so.
10
(3) For any person, to refuse, deny, make a distinction, directly or indirectly. or discriminate in
any way against persons because of the race, religion, color, sex, disability, national origin or
ancestry of such persons in the full and equal use and enjoyment of the services. facilities,
privileges and advantages of any institution, department or agency of the State of Kansas or
any political subdivision or municipality thereof.
w (4) Nothing in this chapter 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 offerings of goods,
_ services. facilities, and accommodations. to persons of the same religion, or from giving
preference to such persons, provided that such offerings above mentioned are not, in fact.
0 offered for commercial purposes.
(Ord. No. 92-9493. i 1. 2-3-92)
Secs. 13-73--13-80. Reserved.
ARTICLE IV. COMPLAINT PROCEDURES FOR UNLAWFUL
EMPLOYMENT AND DISCRIMINATORY PRACTICES
Sec. 13-81. Investigation by commission.
Whenever the commission has, in its own judgment, reason to believe that any person has engaged in an
unlawful practice in violation of sections 13-71 or 13-72. the commission may conduct an investigation
without filing a complaint and shall have the same powers during such investigation as provided for in
the investigation of complaints. The person to be investigated shall be advised of the nature and scope of
the investigation prior to its commencement. The purpose of the investigation shall be to resolve any
such problems promptly. In the event such problems cannot be resolved within a reasonable time, the
commission may issue a complaint whenever the investigation reveals a violation of this chapter has
occurred. The information gathered in the course of this investigation may be used in processing the
complaint.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-82. Complaints.
(a) Any person claiming to be aggrieved by an alleged unlawful practice may; personally or by an
attomev-at-law. make, sign and file with the commission a verified complaint in writing which shall
state the name and address of the person alleged to have committed the unlawful practice complained of.
and which shall set forth the particulars thereof and contain such other information as may be required
by the commission. The director or commission upon its own initiative may, in like manner, make, sign
and file such complaint.
(b) In the event a complaint is against the city or any of its officials or employees, the complaint will be
referred to the Kansas human rights commission.
(c) Any complaint filed pursuant to this chapter alleging a violation of sections 13-71 or 13-72 must be
filed within 180 days after the alleged unlawful practice., However. if the unlawful practice consists of
a continuing pattern or practice, it must be filed within 180 days of the final occurrence.
(d) Upon receipt of any such complaint the director shall serve notice upon the complainant
acknowledging such filing and advising the complainant of the time limits and choice of forums
provided under this article. Within ten (10) days after the filing of the complaint the director shall serve
11
on the respondent a notice identifying the alleged unlawful practice and advising the respondent of
respondent's procedural rights and obligations under this article, together with a copy of the original
complaint. Service of the notice shall be made in the manner prescribed by the Kansas code of civil
procedure.
w (e) A respondent may file an answer to the complaint with the director no later than ten (10) days after
service of the notice of the complaint.
N
(f) A person who is not named as a respondent in a complaint, but who is identified as a possible
respondent in the course of investigation, may be joined as an additional or substitute respondent upon
written notice. under subsections (a) and (b), to such person from the commission.
(Ord. No. 92-9493. § 1. 2-3-92)
Sec. 13-83. Submission of a false, misleading or incomplete complaint, statement, response or
report.
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 commission, the director or
any of the department's personnel, shall be guilt- of a misdemeanor.
(Ord. No. 92-9493. § 1. 2-3-92)
Sec. 13-84. Conciliation.
(a) During the period beginning with the filing of such complaint and ending with the commencement
of an administrative hearing or a dismissal of the complaint, the director shall, to the extent feasible,
engage in conciliation with respect to such complaint.
(b) A conciliation agreement arising out of such conciliation shall be an agreement between the
respondent and the complainant, and shall be subject to approval by the director. Such agreements may
include in the provisions thereof any terms or condition which may be included in a final order of the
commission.
(c) In a manner consistent with K.S.A. 44-1019(0(1) and amendments thereto, each conciliation
agreement shall be made public unless the complainant and respondent otherwise agree and the
commission determines that disclosure is not required to further the purposes of this article.
(d) Any of the parties to a conciliation agreement may apply to the Saline County District Court for
specific performance of any such agreement.
(Ord. No. 92-9493, § I, 2-3-92)
Sec. 13-85. Notice and investigation.
After the filing of any complaint by an aggrieved individual or by the commission. the director shall
within ten (10) days after the filing of the complaint, serve a copy on each of the parties alleged to have
violated this chapter. The director shall then make. with the assistance of staff. a prompt investigation of
the alleged unlawful practice.
(Ord. No. 92-9493. § L 2-3-92)
Sec. 13-86. Prompt judicial action.
If the commission concludes at any time following the filing of a complaint that prompt judicial action
is necessary to cam' out the purposes of this chapter. the commission may bring a civil action in the
district court of Saline County, for appropriate temporary or preliminary relief pending final disposition
of the complaint under this section. Any temporary restraining order or other order granting preliminary
or temporary relief shall be issued in accordance with the rules of civil procedure. The commencement
12
of a civil action under this subsection does not affect the initiation or continuation of administrative
proceedings under this article.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-87. Probable cause; conciliation; determination.
(a) Upon completion of the investigation, three (3) commissioners will be assigned by the chairperson
to determine by majority vote. with the advice of the director and, if needed, designated legal counsel,
whether probable cause exists based upon the documented results of the investigation.
(b) If it is determined that no probable cause exists for crediting the allegations of the complaint. the
director within ten (10) business days from such determination. shall cause to be issued and served upon
the complainant and respondent written notice of such determination. The director shall then
administratively close the commission's complaint file.
(c) If it is determined that probable cause exists for crediting the allegations for the complaint. the
director shall immediately serve written notice of such determination on the parties and endeavor to
eliminate the unlawful practice complained of by conference and conciliation. The complainant and
respondent shall have form -five (45) days from the date the respondent is notified in writing of a finding
of probable cause to enter into a conciliation agreement.
(Ord. No. 92-9493. § 1. 2-3-92)
Sec. 13-88. Administrative hearing.
In case of failure to eliminate the unlawful practice complained of by conference and conciliation either
(i) within the time allowed under section 13-87(c) or
(ii) in advance thereof if in the judgment of the commission circumstances so warrant, the
commission shall commence a hearing in accordance with the provisions of the Kansas administrative
procedures act naming as parties the complainant and the respondent(s). A copy of the notice of hearing
shall be served on the parties. The municipal judge shall serve as the hearing officer. The burden of
proof shall be on the complainant.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-89. Subpoenas.
The complainant or respondent may apply to the director with a request that the commission issue
subpoenas for the attendance of any person or the production or examination of any books. records or
documents pertinent to the proceeding at the hearing. Upon such application the commission shall issue
such subpoenas.
(Ord. No. 92-9493. § I, 2-3-92)
Sec. 13-90. Presentation of case.
The case in support of the complaint shall be presented before the hearing officer by the designated
legal counsel or by private counsel of the complainant. Any endeavors at conciliation shall not be
received in evidence.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-91. Order of hearing officer; equal employment opportunity; notice of compliance.
(a) If the hearing officer finds a respondent has engaged in or is engaging in any unlawful practice as
defined in this chapter, the hearing officer shall render an order requiring such respondent to cease and
desist from such unlawful practice and to take such affirmative steps; including but not limited to. the
hiring reinstatement, or upgrading of employees, with or without back pay. and the admission or
restoration to membership in any respondent labor organizations. the admission to and full and equal
13
n
enjoyment of the goods, services, facilities, and accommodations offered by any respondent place of
public accommodation denied in violation of this chapter, as, in the judgment of the hearing officer, will
effectuate the purposes of this chapter, including a requirement for report of the manner of compliance.
Such order may also include an award of compensatory damages and damages for pain, suffering and
humiliation which are incidental to the act of discrimination, except that an award for such pain,
suffering and humiliation shall in no event exceed the sum of two thousand dollars ($2,000.00). (b) The
order of the hearing officer shall be deemed an order of the commission.
(c) The commission's order shall be subject to enforcement and review pursuant to K.S.A. 12-16.106
and amendments thereto.
(d) Within fifteen (15) days after the hearing officer's order is served by the commission requiring or
prohibiting action by a respondent, the respondent shall notify the commission in writing of the
manner in which the respondent has complied with the order.
(e) In the case of an order with respect to an unlawful practice that occurred in the course of a business
subject to licensing or regulation by a state agency. the commission may, not later than thirty (30) days
after the respondent has complied with the order. or; if such order is judicially reviewed under
subparagraph (c) above. thirty (30) days after such order is in substance affirmed upon such review:
(1) Send copies of the findings of fact. conclusions of law, and the order. to that agency: and
(2) Recommend to the agency appropriate disciplinary action, including, where appropriate. the
suspension or revocation of the license of the respondent.
(Ord. No. 92-9493, § I, 2-3-92)
Sec. 13-92. Dismissal of complaint.
If the hearing officer finds that a respondent has not engaged in an unlawful practice, the hearing officer
shall render an order dismissing the complaint as to such respondent.
(Ord. No. 92-9493. § I, 2-3-92)
Sec. 13-93. Rules.
The commission is hereby authorized to adopt rules of practice to govern, expedite and effectuate the
foregoing procedure and its own actions thereunder.
(Ord. No. 92-9493. § I. 2-3-92)
I Secs. 13-94--13-100. Reserved.
ARTICLE V. UNLAWFUL HOUSING PRACTICES
Sec. 13-101. Discriminatory housing practices.
Subject to the provisions of section 13-104 and amendments thereto. it shall be unlawful for any person:
(I) To refuse to sell or rent after the making of a bona fide offer. to fail 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, disability, familial
status, national origin or ancestry.
(2) To discriminate against any person in the terms, conditions or privileges of sale or rental of a
dwelling, or in the provision of services or facilities in connection therewith, because of race,
religion, color, sex, disability, familial status, national origin or ancestry.
(3) To make, print, publish, disseminate or use; or cause to be made, printed, published.
disseminated or used, any notice, statement, advertisement or application, with respect to the
sale or rental of a dwelling that indicates any preference, limitation, specification or
14
discrimination based on race, religion, color, sex, disability. familial status. national origin or
ancestry. or an intention to make any such preference, limitation, specification or
discrimination.
(4) To represent to any person because of race, religion. color, sex. disability, familial status.
national origin or ancestry that any dwelling is not available for inspection, sale or rental when
W such dwelling is in fact so available.
y (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by
8 representation regarding the entry or prospective entry into the neighborhood of a person or
persons of a particular race, religion, color, sex. disability, familial status. national origin or
g ancestry.
(6) To deny any person access to or membership or participation in any multiple -listing service,
real estate brokers' organization or other service; organization or facility relating to the
business of selling or renting a dwelling; or to discriminate against such person in the terms or
conditions of such access. membership or participation, because of race, religion, color, sex.
disability, familial status, national origin or ancestry.
(7) To discriminate against any person in such person's use or occupancy of a dwelling because of
the race, religion, color, sex, disability, familial status, national origin or ancestry of the people
with whom such person associates.
(8) a. To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to
any buyer or renter because of a disability of:
1. That buyer or renter;
2. A person residing in or intending to reside in that dwelling after it is sold, rented
' or made available; or
3. Any person associated with that buyer or renter.
b. To discriminate against any person in the terms, conditions or privileges of sale or rental of
a dwelling or in the provision of services or facilities in connection with such dwelling
because of a disability_ of:
I . That person;
2. A person residing in or intending to reside in that dwelling after it is so sold, rented
or made available: or
3. Any person associated with that person.
c. For purposes of this subsection (8), discrimination includes:
1. A refusal to permit, at the expense of the person with a disability, reasonable
modifications of existing premises occupied or to be occupied by such person if such
modifications may be necessary to afford such person full enjoyment of the
premises; except that, in the case of a rental. the landlord may where it is reasonable
to do so, condition permission for a modification on the renter agreeing to restore the
interior of the premises to the condition that existed before the modification,
reasonable wear and tear excepted;
2. A refusal to make reasonable accommodations in rules, policies, practices or
services. when such accommodations may be necessary to afford such person equal
opportunity to use and enjoy a dwelling; or
3. In connection with the design and construction of covered multifamily dwellings for
first occupancy on and after February 15, 1992, a failure to design and construct
such dwelling in such a manner that:
15
(i) The dwellings have at least one building entrance on an accessible route, unless it
is impractical to do so because of the terrain or unusual characteristics of the site.
(ii) With respect to dwellings with a building entrance on an accessible route:
(a) The public use and common use portions of such dwellings are readily
accessible to and usable by persons with disabilities: (b) All the doors
w designed to allow passage into and within all premises within such dwellings
are sufficiently wide to allow passage by persons with disabilities who are in
wheelchairs: and
(c) All premises within such dwellings contain the following features of adaptive
design:
(1) An accessible route into and through the dwelling:
(2) Light switches, electrical outlets, thermostats and other environmental
controls in accessible locations:
(3) Reinforcements in bathroom walls to allow later installation of grab bars:
and
(4) Usable kitchens and bathrooms such that an individual in a wheelchair
can maneuver about the space.
d. Compliance with the appropriate requirements of the American national standard for
buildings and facilities providing accessibility and usability for physically handicapped
people, commonly cited as "ANSI A117.111, suffices to satisfy the requirements of
subsection (8)c.3.(ii)(c).
e. As used in this subsection (8). "covered multifamily dwellings" means:
1. Buildings consisting of four (4) or more units if such buildings have one (1) or
more elevators: and
2. Ground floor units in other buildings consisting of four (4) or more units.
f. Nothing in this chapter shall be construed to invalidate or limit any state law or ordinance
that requires dwellings to be designed and constructed in a manner that affords persons
with disabilities greater access than is required by this chapter.
g. Nothing in this subsection (8) requires that a dwelling be made available to an individual
whose tenancy would constitute a direct threat to the health or safety of other individuals
or whose tenancy would result in substantial physical damage to the property of others.
(Ord. No. 92-9493. § 1. 2-3-92: Ord. No. 92-9519. s 2. 7-20-92)
Sec. 13-102. Real estate transactions.
(a) It shall be unlawful for any person or other entity whose business includes engaging in real estate
related transactions to discriminate against an), person making available such a transaction. or in the
terms or conditions of such a transaction, because of the race, religion, color, sex, disability, familial
status, national origin or ancestry of such person or of any person associated with such person in
connection with any real estate related transaction.
(b) As used in this section. "real estate related transaction" means any of the following:
(1) The making or purchasing of loans or providing other financial assistance:
a. For purchasing, constructing, improving, repairing or maintaining a dwelling; or
b. Secured by residential real estate.
1 (2) The selling. brokering or appraising of residential real property.
16
(c) Nothing in this section prohibits a person engaged in the business of furnishing appraisals of real
property to take into consideration factors other than race. religion, color, sex; disability; familial status;
national origin or ancestry.
(Ord. No. 92-9493, § I. 2-3-92)
Sec. 13-103. Intimidation, interference.
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or
y enjoyment of. or on account of such person's having exercised or enjoyed, or on account of such
person's having aided or encouraged any other person in the exercise or enjoyment of. any right granted
or protected by section 13-101 or 13-102 and amendments thereto.
v (Ord. No. 92-9493. § 1. 2-3-92)
Sec. 13-104. Limitations.
(a) Nothing in this chapter 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 the sale, rental or occupancy of dwellings
which it owns or operates for other than a commercial purpose to persons of the same religion, or from
giving preference to such persons, unless membership in such religion is restricted on account of race,
color, national origin or ancestry. Nor shall anything in this chapter prohibit a nonprofit private club in
fact not open to the public, which as an incident to its primary purpose or purposes provides lodgings
which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of
such lodgings to its members or from giving preference to its members.
(b) Nothing in this chapter, other than the prohibitions against discriminatory advertising as provided 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, provided the following conditions
are met:
a. The owner does not own or have any interest in more than three (3) single-family
houses at any one (1) time; and
b. The house is sold or rented without the use of a real estate broker, agent or
salesperson or the facilities of any person in the business of selling or renting
dwellings. If the owner selling the house does not reside in it at the time of the sale or
was not the most recent resident of the house prior to such sale, the exemption in this
subsection applies to only one (1) such sale in any twenty -four-month period: or
(2)Rooms or units in buildings containing living quarters occupied or intended to be occupied by
no more than four (4) families living independently of each other, if the owner actually
maintains and occupies one (1) of such living quarters as the owner's residence.
(c) (1) Nothing in this chapter limits the applicability of any reasonable local. state or federal
restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor
does any provision in this chapter regarding familial status apply with respect to housing for
older persons.
(2) As used in this subsection "housing for older persons" means housing:
a. Provided under any state or federal program that the Secretary of the United States
Department of Housing and Urban Development determines is specifically designed and
operated to assist elderly persons (as defined in the state or federal program): or
b. Intended for. and solely occupied by, persons sixty-two (62) years of age or older: or
17
C. Intended and operated for occupancy by at least one person fifty-five (55) years of age or
older per unit. In determining whether housing qualifies as housing for older persons
under this subsection the following factors must also be present:
(i) The existence of significant facilities and services specifically designed to meet the
Physical or social needs of older persons, or if the provision of such facilities and
w
services is not practicable, that such housing is necessary to provide important
housing opportunities for older persons; and
8 (ii) That at least eighty (80) percent of the units are occupied by at least one person fifty-
five (55) years of age or older per unit; and
a
(iii) The publication of. and adherence to, policies and procedures which demonstrate an
intent by the owner or manager to provide housing for persons fifty-five (55) years
of age or older.
(3) Housing shall not fail to meet the requirements for housing for older persons by reason of:
a. Persons residing in such housing as of the date of enactment of this act who do not meet
the age requirements of subsections (c)(2)b. or c.; provided, that new occupants of such
housing meet the age requirements of sections (c)(2)b. or c.; or
b. Unoccupied units; provided, that such units are reserved for occupancy by persons who
meet the age requirements of subsections (c)(2)b. or c. (d) Nothing in this chapter
prohibits conduct against a person because such person has been convicted two (2) or
more times by any court of competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in section 102 of the federal controlled
substances act (21 U.S.C. 802).
(Ord. No. 92-9493, § I, 2-3-92: Ord. No. 92-9519, § 3, 7-20-92: Ord. No. 92-9535. § 1.9-21-92)
ARTICLE VI. HOUSING COMPLAINT PROCEDURES
Sec. 13-105. Investigation by commission.
Whenever the commission has, in its own judgment, reason to believe that any person has engaged in a
discriminatory housing practice in violation of this article, the commission may conduct an investigation
without filing a complaint and shall have the same powers during such investigation as provided for in
the investigation of complaints. The person to be investigated shall be advised of the nature and scope of
the investigation prior to its commencement. The purpose of the investigation shall be to resolve any
such problems promptly. In the event such problems cannot be resolved within a reasonable time, the
commission may issue a complaint whenever the investigation reveals a violation of this chapter has
occurred. The information gathered in the course of this investigation may be used in processing the
complaint.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-106. Complaints.
(a) Any person aggrieved may file a verified complaint with the director. Such complaints shall be in
writing, shall state the facts upon which the allegations of a discriminatory housing practice are based
and shall contain such other information and be in such form as the commission may require.
Complaints must be filed within one (1) year after the alleged discriminatory housing practice occurred,
but may be reasonably and fairly amended at any time.
(b) Upon receipt of any such complaint the director shall serve notice upon the complainant
acknowledging such filing and advising the complainant of the time limits and choice of forums
provided under this article. Within ten (10) days after the filing of the complaint the director shall serve
18
Ll
on the respondent a notice identifying the alleged discriminatory housing practice and advising the
respondent of respondent's procedural rights and obligations under this article, together with a copy of
the original complaint. Service of the notice shall be made in the manner prescribed by the Kansas code
of civil procedure.
(c) A respondent may file an answer to the complaint with the director no later than ten (10) days after
service of the notice of the complaint.
(d) A person who is not named as a respondent in a complaint, but who is identified as a possible
respondent in the course of investigation, may be joined as an additional or substitute respondent upon
written notice. under subsections (a) and (b), to such person from the commission.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-107. Submission of a false, misleading or incomplete complaint, statement, response or
report.
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 commission, the director or
any of the department's personnel, shall be guilty of a misdemeanor.
(Ord. No. 92-9493. § 1. 2-3-92)
Sec. 13-108. Conciliation.
(a) During the period beginning with the filing of such complaint and ending with the commencement
of an administrative hearing or a dismissal of the complaint, the director shall, to the extent feasible,
engage in conciliation with respect to such complaint.
(b) A conciliation agreement arising out of such conciliation shall be an agreement between the
respondent and the complainant. and shall be subject to approval by the director. Such agreements may
include in the provisions thereof any terms or condition which may be included in a final order of the
commission.
(c) In a manner consistent with K.S.A. 44-1019(f)(1) and amendments thereto, each conciliation
agreement shall be made public unless the person aggrieved and respondent otherwise agree and the
commission determines that disclosure is not required to further the purposes of this article.
(d) Any of the parties to a conciliation agreement may apply to the Saline County District Court for
specific performance of any such agreement.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-109. Investigation.
After the commission assumes jurisdiction of a complaint. the commission shall within thirty (30) days
after receipt of the complaint commence an investigation thereof. and complete such investigation,
including conciliation, within one hundred (100) days after the filing of the complaint, unless it is
impracticable to do so. If the commission is unable to complete the investigation within one hundred
(100) days, the commission shall inform the parties in writing of the reasons for not doing so.
(Ord. No. 92-9493. § 1. 2-3-92)
Sec. 13-110. Prompt judicial action.
If the commission concludes at any time following the filing of a complaint that prompt judicial action
is necessary to cam, out the purposes of this chapter. the commission may bring a civil action in the
district court of Saline County, for appropriate temporary or preliminary relief pending final disposition
of the complaint under this section. Any temporary restraining order or other order granting preliminary
or temporary relief shall be issued in accordance with the rules of civil procedure. The commencement
of a civil action under this subsection does not affect the initiation or continuation of administrative
proceedings under this article.
(Ord. No. 92-9493. § I. 2-3-92)
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Sec. 13-110.1. Final administrative disposition.
The commission shall make final administrative disposition within one (1) year after the filing of the
complaint under this Article unless it is impracticable to do so. If the commission is unable to make final
administrative disposition of the complaint within one (1) year of the date of filing, the commission
shall inform the parties in writing of the reasons for not doing so.
a (Ord. No. 92-9493, a I. 2-3-92)
9
y Sec. 13-111. Probable cause, conciliation.
Y(a) Upon completion of the investigation, three (3) commissioners will be assigned by the chairperson
to determine by majoritv vote, with the advice of the, director, and. if needed. designated legal counsel.
8 whether probable cause exists based upon the documented results of the investigation.
(b) If it is determined that no probable cause exists for crediting the allegations of the complaint. the
director, within ten (10) business days from such determination, shall cause to be issued and served
upon the complainant and respondent written notice of such determination. The director shall then
administratively close the commission's complaint file.
(c) If it is determined that probable cause exists for crediting the allegations of the complaint, the
commission shall serve written notice of such determination on the complainant. The commission shall
proceed to try to eliminate or correct the alleged unlawful housing practice by informal methods of
conference, conciliation and persuasion which shall be held, insofar as possible.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-112. Conciliation failure.
If the commission is unable to resolve the alleged unlawful housing practice, it shall notify the parties in
writing that conciliation efforts have failed.
(Ord. No. 92-9493, j I, 2-3-92)
Sec. 13-113. Election for civil action.
(a) After the commission has issued a notice of conciliation failure pursuant to section 13-112 of this
article, the complainant; the respondent, or the commission may elect to have the claims and issues
asserted in the probable cause determination decided in a civil action commenced and maintained by
the commission.
(1) An election for a civil action under this subsection shall be made no later than twenty (20) days
after an electing complainant or respondent receives the notice of conciliation failure, or if the
commission makes the election, not more than twenty (20) days after the notice of conciliation
failure is issued. A complainant or respondent who makes an election for a civil action
pursuant to this subsection shall give notice to the commission. if the commission makes an
election, it shall notify all complainants and respondents of the election.
(2) If an election is made under this subsection, no later than sixty (60) days after the election is
made the commission shall commence a civil action in the federal district court in its own
name on behalf of the complainant. In such an action, the commission shall be represented by
an attorney employed by the commission.
(b) In a civil action brought under this section, the rights and remedies of the parties shall be
determined by applicable federal law. The relief that may be granted in such a civil action shall include
at least actual and punitive damages, injunctive and equitable relief as provided by applicable federal
law.
(Ord. No. 92-9493, § 1, 2-3-92; Ord, No. 92-9519. § 4. 1-20-921
Sec. 13-114. Administrative hearing.
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If the commission is unable to eliminate or correct the alleged discriminatory housing practice by
informal methods of conference, conciliation and persuasion. and if an election for a civil action is not
made pursuant to section 13-113, the commission shall commence a hearing before a hearing officer in
accordance with the provisions of the Kansas administrative procedures act naming as parties the
complainant and the respondent(s). The burden of proof shall be on the complainant.
(Ord. No. 92-9493, i 1, 2-3-92)
Sec. 13-115. Subpoenas.
The complainant or respondent may apply to the director with a request that the commission issue
subpoenas for the attendance of any person or the production or examination of any books, records or
documents pertinent to the proceeding at the hearing. Upon such application the commission shall issue
such subpoenas.
(Ord. No. 92-9493. § 1. 2-3-92)
Sec. 13-116. Presentation of case.
The case in support of the complaint shall be presented before the hearing officer by the designated
legal counsel or by private counsel of the complainant. Any endeavors at conciliation shall not be
received in evidence.
(Ord. Nb. 92-9493. § 1. 2-3-92)
Sec. 13-117. Order of hearing officer; affirmative action; notice of compliance.
(a) If the hearing officer shall find that a respondent has engaged in or is engaging in any discriminatory
housing practice, the hearing officer shall render an order requiring the respondent to cease and desist
from such discriminatory housing practice, and such order may direct a respondent to take such
affirmative action as the hearing officer deems necessary to effectuate the intent and purposes of this
article, including, but not limited to, the selling or renting of specified real property and the lending of
money for the acquisition; construction. rehabilitation. repair or maintenance of real property. Such
order may also include an award of compensatory damages and of damages for pain, suffering and
humiliation which are incidental to the act of discrimination, except that an award for such pain,
suffering and humiliation shall in no event exceed the sum of two thousand dollars ($2.000.00). Such
order may also, to vindicate the public interest. assess a civil penalty against the respondent:
(1) In an amount not exceeding ten thousand dollars ($10,000.00), if the respondent has not
been adjudged to have committed any prior discriminatory housing practice;
(2) Subject to the provisions of subsection (a)(4), in an amount not exceeding twenty-five
thousand dollars ($25,000.00), if the respondent has been adjudged to have committed one
other discriminatory housing practice during the five-year period ending on the date of the
filing of the complaint;
(3) Subject to the provisions of subsection (a)(4), in an amount not exceeding fifty thousand
dollars (550,000.00), if the respondent has been adjudged to have committed two (2) or
more discriminatory housing practices during the seven-year period ending on the date of
the filing of the complaint; and
(4) If the acts constituting the discriminatory housing practice that is the object of the
complaint are committed by the same natural person who has been previously adjudged to
have committed acts constituting a discriminatory housing practice in the amounts
provided by subsections (a)(2) and (a)(3) without regard to the period of time within which
any subsequent discriminatory housing practice occurred.
Such civil penalties shall be paid into the city treasury to the credit of the city general fund.
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E.
(b) The order of the hearing officer shall be deemed an order of the commission.
(c) The commission's order shall be subject to enforcement and review pursuant to K.S.A. 12-16,106
and amendments thereto.
(d) Within fifteen (15) days after the hearing officer's order is served by the commission requiring or
prohibiting action by a respondent, the respondent shall notify the commission in writing of the manner
in which the respondent has complied with the order.
(e) In the case of an order with respect to a discriminatory housing practice that occurred in the course
of a business subject to a licensing or regulation by a state agency. the commission may. not later than
thirty (30) days after the respondent has complied with the order, or, if such order is judicially reviewed
under subparagraph (c) above, thirty (30) days after such order is in substance affirmed upon such
review:
(I ) Send copies of the findings of fact, conclusions of law. and the order. to that agency: and
(2) Recommend to the agency appropriate disciplinary action. including, where appropriate, the
suspension or revocation of the license of the respondent.
(Ord. No. 92-9493. $ I. 2-3-92: Ord. No. 92-9519. a 5. 7-20-92)
Sec. 13-118. Dismissal of complaint.
If the hearing officer finds that a respondent has not engaged in an unlawful discriminatory housing
practice, the hearing officer shall render an order dismissing the complaint as to such respondent.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-119. Rules.
The commission is hereby authorized to adopt rules of practice to govern, expedite and effectuate the
foregoing procedure and its own actions thereunder.
(Ord. No. 92-9493. § 1. 2-3-92)
13-120-43-130. Reserved.
ARTICLE VII. PUBLIC CONTRACTS
13-131. Required contract provisions.
Every contract for or on behalf of the city or any agency thereof, for construction, alteration or
it of any public building or public work or for the acquisition of materials, equipment, supplies, or
ces, shall contain provisions by which the contractor and any subcontractors agree that:
(I ) 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;
22
(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 every
w subcontract or purchase order so that such provisions will be binding upon such subcontractor or
vendor.
(b) Ever% contract entered into by the city or any of its agencies shall include a provision that during the
8 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 city.
(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 55,000 or less during the calendar year.
(Ord. No. 92-9493. § t. 2-3-92: Ord, No. 13-10720. §1. 12-9-13)
Secs. 13-132--13-140. Reserved.
Editor's Notes: Secs. 13-132 through 13-134 was repealed and combined eith 13-131 by Ordinance No. 13-10720.
ARTICLE VIII. THE ORGANIZATIONAL STRUCTURE AND
RESPONSIBILITIES FOR CARRYING OUT THE CITY'SCOMMITMENT
TO THE PRINCIPLE OF NONDISCRIMINATION IN CITY EMPLOYMENT
Secs. 13-141--13-144. Reserved.
Sec. 13-145. Administration.
The administration of this article shall be the responsibility of the city manager.
(Ord. No. 92-9493. § 1. 2-3-92)
Sec. 13-146. Selection standards.
(a) The city shall cause a review of all job specifications to assure that requirements contained therein
are job related and do not present unreasonable barriers for entry by minority, female or disabled
applicants.
(b) The city shall cause a review of all written examinations administered to assure that they do not
have a discriminatory effect on minority, female or disabled applicants.
(c) As new classifications are established, or new selection standards utilized, the city will review each
standard to assure its nondiscriminatory nature.
(Ord. No. 92-9493. § 1. 2-3-92) -
Sec. 13-147. Recruiting and advertising.
(a) In order to insure nondiscrimination in employment opportunities, the human resources
director shall promptly notify the director of community relations of any vacancy to be filled. The
human resources director shall, upon receiving any job vacancy listing, promptly post notice of such in
public locations in at least three (3) places throughout the city. The human resources director 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
23
Z
U
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 human resources director.
(b) Recruiting efforts shall be directed toward educational institutions having minority and/or female or
disabled enrollment.
(c) Communications and referral relationships shall 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.
(Ord. No. 92-9493, § I. 2-3-92)
Sec. 13-148. Equal employment opportunity management.
(a) It shall be unlawful for the head of any department, official agent, or employee of the city or of any
department thereof acting for or on behalf of said city in any manner involving employment by the city,
to discriminate against any person otherwise qualified in employment or in tenure, terms or conditions
of employment, or to discriminate in promotion or increase in compensation; or to publish offers of or to
offer employment based upon such discrimination: or to adopt or enforce any rule or employment policy
which discriminates between employees or prospective employees; or to seek information relating to
age, race, sex, religion, color, national origin, ancestry or disability from any person or employee, as a
condition of employment, tenure, terms or in connection with conditions of employment, promotion or
increase in compensation unless such information is demonstrably valid as being an essential
qualification, or to discriminate in the selection of personnel for training.
(b) The directors will work closely with each department head in the following areas:
(1) Classification plan. Analyze and restructure where justified to provide maximum opportunitq
for applicants to qualify for employment. as well as, for employees to advance.
(2) Staff orientation. Initiate programs to assure that all personnel responsible for selection and
supervision are aware of and provided with training to develop skill in implementing the equal
employment opportunity program.
(3 Identify areas for concentrated efforts. The directors shall develop statistical information
relative to the utilization of minorities. females and the disabled in all departments of the city,
identify areas of underutilization, and develop goals and methods for correcting such
underutilization.
(Ord. No. 92-9493, § I. 2-3-92)
Sec. 13-149. Evaluation.
(a) There is hereby established an equal employment opportunity evaluation committee composed of the ciry
manager, the human resources director, the director of community relations and other department
heads as the city manager may deem appropriate. The city manager shall serve as chair 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 semi- annually 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.
(Ord. No. 92-9493. § I. 2-3-92)
See. 13-150. Training for upward mobility. 24
The city manager will take measures to assure that maximum opportunity is afforded to minorities,
women and the disabled for entre into training or educational programs which will enhance their
employment for upward mobility potential.
(Ord. No. 92-9493. § I. 2-3-92)
Sec. 13-151. Reports.
w The city manager will submit an annual report to the board of commissioners on the status of the equal
y emplovment opportunity program.
(Ord. No. 92-9493. § 1. 2-3-92)
Secs. 13-152-43-160. Reserved.
Section 2. Amendment. That Chapter 13 of the Salina Code is repealed and the new Chapter 13 is
adopted.
Section 4. Effective. This ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper by the following summary:
Ordinance No. 15-10771 Summary
On June 1, 2015, the City Commission passed Ordinance No. 15-10771. The Ordinance repeals
existing Salina Code Chapter]') pertaining to equal opportunity and affirmative action and
adopts the new Chapter B. A complete coPy of the Ordinance can be found at wwcv.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.
[SEAL]
ATTEST:
ks, CMC, City Clerk
Certification of Publication Summary:
Attorney
Introduced: May 18, 2015
doPa ung 1201 IW
vor
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