8488 Equal Opp-Affirm ActionORDINANCE NUMBER 8488
(Published in The Salina Journal ��;. , -7 , 1976)
AN ORDINANCE TO BE ENTITLED "EQUAL OPPORTUNITY AND AFFIRMATIVE
ACTION", PROHIBITING DISCRIMINATION BY REASON OF RACE, SEX, RELIGION, AGE,
COLOR, NATIONAL ORIGIN, ANCESTRY, PHYSICAL HANDICAP OR MARITAL STATUS IN ALL
EMPLOYMENT RELATIONS IN ALL AREAS OF PUBLIC ACCOMMODATIONS, IN HOUSING, AND IN
PUBLIC CONTRACTS; ESTABLISHING A HUMAN RELATIONS COMMISSION, A HUMAN RELATIONS
DEPARTMENT AND DEFINING THE POWERS AND DUTIES OF EACH: PROVIDING, FOR THE
ADOPTION OF ADMINISTRATIVE RULES, REGULATIONS, AND PROCEDURES TO BE UTILIZED
IN THE ENFORCEMENT OF THIS ORDINANCE, AND; ESTABLISHING TIME LIMITATIONS FOR
THE FILING OF COMPLAINTS; ENACTING CHAPTER 11A OF THE SALINA CODE AND REPEALING
CHAPTER 16-1/2 OF THE SALINA CODE.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter 11A of the Salina Code is hereby enacted
to read as follows:
"Chapter 11A
EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
ARTICLE I.
IN GENERAL
"Section 11A-1. Declaration of policy.
Sec. 11A-1(1). The practice or policy of discrimination
against individuals by reason of race, sex, religion, age, color,
national origin, ancestry, physical handicap, or marital status is
a matter of concern to the City of Salina, 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 of Salina to eliminate and prevent discrimination in all
employment relations, to eliminate and prevent discrimination,
segregation, or separation in all areas of public accommodations,
and eliminate and prevent discrimination, segregation or separation
in housing as hereinafter provided.
Sec. 11A-1(2). It is also declared to be the policy of this
city to assure equal opportunities and encouragement to every
citizen regardless of race, sex, religion, age, color, national
origin, ancestry, physical handicap, or marital status, in securing
and holding, without discrimination, employment in any field of work
or labor for which he is properly qualified or qualifiable, to
assure equal opportunities to all persons within this city to full
and equal public accommodations, and to assure equal opportunities
in housing without distinction on account of race, sex, religion,
age, color, national origin,.ancestry, physical handicap, or marital
status. It is further declared that the opportunity to secure and
to hold employment, the opportunity for full and equal public
accommodations as conveyed by this chapter and the opportunity for
full and equal housing are civil rights of every citizen. To
protect these rights, it is hereby declared to be the purpose of
this act to establish and to provide a City Human Relations Commission
and a Human Relations Department.
"Section 11A-2. Definitions.
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 the other sex.
When used in this chapter, the following words shall mean:
Sec. 11A-2(1). Chairman shall mean the chairman of the Human
Relations Commission.
Sec. 11A-2(2). Commission shall mean the Human Relations
Commission as created by this chapter.
Sec. 11A-2(3). Complainant shall mean any person claiming to
be aggrieved by any unlawful discriminatory practice or violation of
this chapter.
Sec. 11A-2(4). Contract shall mean any contract entered into
by the City of Salina, Kansas, or any of its subdivisions.
Sec. 11A-2(5). Contractor shall mean any individual, partnership,
corporation, association, or other entity entering into a contract
with the City of Salina and who is an employer as herein defined.
Sec. 11A-2(6). Director shall mean the director of the Human
Relations Department.
Sec. 11A-2(7). Employee shall mean any person employed by an
employer but does not include any individual employed by his parents,
spouse, or child.
Sec. 11A-2(8). Employer includes any person in this city
employing four (4) or more persons and any person acting directly or
indirectly for an employer as herein defined, and labor organizations,
nonsectarian corporations, and organizations engaged in social
service work, and the City of Salina and all political and municipal
subdivisions thereof but shall not include a non-profit fraternal or
social association or corporation.
Sec. 11A-2(9). 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.
Sec. 11A-2(10). Family includes a single individual.
Sec. 11A-2(11). Financial Institution shall mean any person
regularly engaged in the business of lending money or guaranteeing
loans on housing accommodations or real property.
Sec. 11A-2(12). Hotel, Mote Z, and Restaurant shall have the
meanings ascribed to them respectively by K.S.A. 36-501 and K.S.A.
36-301.
Sec. 11A-2(13). Housing Accommodations shall mean:
(a) Any building or portion thereof, whether such
building or portion is constructed or is to be
constructed, which is used or intended for use as the
residence or sleeping place of one or more persons.
(b) The term 'housing accommodations' shall not mean or
include:
(1) The rental of a dwelling, or a portion
thereof, containing accommodations for no more
than two (2) families, one of which is occupied
by the owner or his family at the time of
rental.
(2) 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.
Sec. 11A-2(14). Labor Organization includes any organization
which exists for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms
or conditions of employment, or of other mutual aid or protection in
relation to employment.
Sec. 11A-2(15). Occupational QuaZifications 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.
Sec. 11A-2(16). Owner shall mean and include the owner,
lessee, sublessee, assignee, mananger, 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.
Sec. 11A-2(17). Person includes one or more individuals,
partnerships, associations, organizations, corporations, municipal
corporations, quasi -municipal corporations, governmental agencies,
public bodies, legal representative, trustees, trustees in bankruptcy,
receivers, fiduciaries, mutual companies or unincorporated organizations
Sec. 11A-2(18). Person Aggrieved means any person claiming to
have been injured by an unlawful act, or who believes he will be
injured by any such unlawful act or practice that is about to
occur.
Sec. 11A-2(19). Probable Cause means the presence of a reasonable
ground for belief in the existence of the alleged fact of a violation
of any statute, ordinance, or other authority, orders, rules or
regulations.
Sec. 11A-2(20). Public Accommodations shall include any
person, as defined herein, who caters or offers his goods, services,
facilities, and accommodations to the public, including all city
agencies which serve the public, but shall not include a non-profit
fraternal or social organization or corporation.
Sec. 11A-2(21). ReaZ Estate Broker shall mean any person who,
for a fee or other valuable consideration, sells, purchases, exchanges,
rents, negotiates, offers or attempts to negotiate the sale, purchase,
exhange or rental of housing accommodations or real property of
another person.
Sec. 11A-2(22). ReaZ Estate SaZesman or Agent shall mean any
person employed by a real estate broker to perform, or to assist in
the performance of, any or all of the functions of a real estate
broker.
Sec. 11A-2(23). ReaZ Property means and includes (a) all
vacant or unimproved land and (b) any facility or structure which is
occupied or designed or intended for occupancy, or any building or
structure having a portion thereof which is occupied or designed or
intended for occupancy.
Sec. 11A-2(24). Respondent shall mean any person alleged to
have committed any unlawful act or violation of this chapter.
Sec. 11A-2(25). Subcontractor shall mean 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.
Sec. 11A-2(26). To Rent means to lease, sublease, to let or
otherwise to grant, for a consideration, the right to occupy premises
not owned by the occupant.
Sec. 11A-2(27). UnZawfuZ Housing Practice means any discrimination
or segregation or separation against any person or group of persons
because of race, sex, religion, age, color, national origin, ancestry,
physical handicap or marital status, and shall include only those
unlawful practices and acts as set forth in this chapter.
"Sections 11A-3 - 11A-9. Reserved.
ARTICLE II.
HUMAN RELATIONS COMMISSION
"Section 11A-10. Human Relations Commission, created, composition,
appointment, term, compensation of members, quorum
constituted.
There is hereby created a commission to be known as the Human
Relations Commission. Said Commission shall consist of nine (9)
members, at least three (3) of whom shall be members of significant
ethnic or minority groups within the community, who shall be appointed
by the Mayor, with the consent of the Governing Body of Salina. The
Commission shall elect, by secret ballot, one of its members as
chairman, who shall preside at all meetings of the Commission and
perform all the duties and functions of the chairman thereof. The
Mayor shall convene the first meeting of the Commission and conduct
the election of the chairman. The Commission shall elect, in the
same manner, one of its members as vice-chairman who shall act as
chairman during the absence or incapacity of the chairman and, when
so acting, the member so designated shall have and perform all the
duties and functions of the chairman of the Commission. Initial
appointments to the Commission shall be for one (1), two (2), and
three (3) year terms and thereafter all appointments shall be for a
term of three (3) years and until his successor is qualified, provided
no person shall serve for more than eight (3) consecutive years. The
term of office of each the chairman and vice-chairman shall be for
one (1) year, and no person shall serve for more than two (2) consecuti
terms in the same office, unless such election to the immediately
subsequent term be made by the members of the Commission by unanimous
vote. The chairman or vice-chairman may resign from his office at
any time during his term and may do so without resigning from the
Commission. In such event, the Commission shall elect another
member to replace him, and such person shall serve the unexpired
term of the person he replaces. A majority of the presently serving
members of the Commission shall constitute a quorum for the purpose
of conducting the business thereof. The members of the Commission
shall serve without compensation.
Sec. 11A-2(28). UnZawful EmpZoyment Practices includes those
unlawful practices and acts specified in K.S.A. 44-1009.
Sec. 11A-2(29). UnZawfuZ PubZic Accommodation Practice means
any discrimination against persons in a hotel, motel, cabin, camp,
restaurant, or trailer court; and the segregation against persons in
an area of public accommodations covered by this chapter by reason
of their race, sex, religion, age, color, national origin, ancestry,
physical handicap, or marital status. The term 'unlawful public
accommodation practice' also means any discrimination against
persons in a bar, tavern, barber shop, beauty shop, amusement park,
recreation area, bowling alley, billiard parlor, theatre, skating
rink, swimming pool, lake, gymnasium, mortuary, cemetery, or educational
institution which is open to the public, or any public transportation
facility. The term 'unlawful public accommodation practice' also
means any discrimination against persons in the full and equal use
and enjoyment of the services, facilities, privileges and advantages
of any institution, department or agency of government within the
legal boundaries of the City of Salina.
"Sections 11A-3 - 11A-9. Reserved.
ARTICLE II.
HUMAN RELATIONS COMMISSION
"Section 11A-10. Human Relations Commission, created, composition,
appointment, term, compensation of members, quorum
constituted.
There is hereby created a commission to be known as the Human
Relations Commission. Said Commission shall consist of nine (9)
members, at least three (3) of whom shall be members of significant
ethnic or minority groups within the community, who shall be appointed
by the Mayor, with the consent of the Governing Body of Salina. The
Commission shall elect, by secret ballot, one of its members as
chairman, who shall preside at all meetings of the Commission and
perform all the duties and functions of the chairman thereof. The
Mayor shall convene the first meeting of the Commission and conduct
the election of the chairman. The Commission shall elect, in the
same manner, one of its members as vice-chairman who shall act as
chairman during the absence or incapacity of the chairman and, when
so acting, the member so designated shall have and perform all the
duties and functions of the chairman of the Commission. Initial
appointments to the Commission shall be for one (1), two (2), and
three (3) year terms and thereafter all appointments shall be for a
term of three (3) years and until his successor is qualified, provided
no person shall serve for more than eight (3) consecutive years. The
term of office of each the chairman and vice-chairman shall be for
one (1) year, and no person shall serve for more than two (2) consecuti
terms in the same office, unless such election to the immediately
subsequent term be made by the members of the Commission by unanimous
vote. The chairman or vice-chairman may resign from his office at
any time during his term and may do so without resigning from the
Commission. In such event, the Commission shall elect another
member to replace him, and such person shall serve the unexpired
term of the person he replaces. A majority of the presently serving
members of the Commission shall constitute a quorum for the purpose
of conducting the business thereof. The members of the Commission
shall serve without compensation.
1
L7
''Section 11A-11. Powers and duties of the commission.
The Commission shall have the following functions, powers,
duties, and responsibilities:
Sec. 11A-11(1). To hear appeals from a decision made by the
Director that no probable cause exists for a complaint as provided
in Section 11A-70. In the event of an appeal, the Commission shall
make an independent investigation of the complaint and if probable
cause is found to exist for such complaint, shall refer the complaint
back to the Director with instructions for further proceedings in
accordance with Section 11A-22(6).
Sec. 11A-11(2). Hold public hearings, administer oaths, take
the testimony of any person under oath, receive evidence relating to
any matter under investigation or any question before the Commission,
make findings of fact, issue orders and publish such findings of
fact and orders and do all other things necessary and proper for the
enforcement of this chapter. The Commission may, at the request of
the complainant, the respondent, or upon its own motion, issue
process to compel the attendance and testimony of any person, and
require the production of books, papers or any other evidence relating
to any matter under investigation. The Commission may direct the
Human Relations Director to serve such process. In the event such
an order is not complied with, the Commission may request the City
Attorney to file the appropriate action in the District Court,
Saline County, Kansas, in order to obtain compliance.
Sec. 11A-11(3). In conducting a hearing, the Commission shall
have access at all reasonable times to premises, records, documents
and other evidence or possible sources of evidence, and may examine,
record, and copy such materials and take and record the testimony or
statements of such persons as are reasonably necessary for the
furtherance of the investigation. In the case of the refusal of any
person to testify or provide access to information as set forth
immediately above, the Commission, through the City Attorney, may
request the District Court of Saline County, Kansas, to order such
person to comply with such request. The Commission may take testimony
under oath or affirmation.
Sec. 11A-11(4). To endeavor to eliminate prejudice among the
various groups in this city and to create harmonious relationships
among the various persons and agencies within this city.
Sec. 11A-11(5). To establish or create an advisory and/or
conciliatory agency to study the problems of youth, aged, physically
handicapped, and disadvantaged, and who may recommend to the Governing
Body human relations policies, procedures and programs. Such advisory
and/or conciliatory agency shall be composed of representative
citizens serving without pay. The Commission may itself make the
studies and perform the acts authorized by this article. It shall,
by voluntary conference with parties in interest, endeavor by
conciliation and persuasion to eliminate discrimination.
Sec. 11A-11(6). To accept contributions from any person or
governmental unit to assist in the effectuation of this article; and
to seek and enlist the cooperation, including financial assistance,
of private, charitable, religious, labor, civic, or benevolent
organizations for the purpose of this article.
Sec. 11A-11(7). To actively promote the purpose of, and
information about, this ordinance through public appearances,
speaking engagements, news media, publications, etc., and to issue
such publications and such results of investigation and research as
in its judgment, will tend to promote good will and minimize or
eliminate discrimination because of race, sex, religion, age, color,
national origin, ancestry, physical handicap, or marital status.
Sec. 11A-11(8). To render each year to the Governing Body of
the City a full written report of all of its activities and of its
recommendations.
Sec. 11A-11(9). To receive and accept, through the Governing
Body, City, County, State, and Federal funds to effectuate the
purposes of this chapter; and to act as the contracting agency in
agreements with any governmental agency, for such purposes, as may
be designated and approved by the Governing Body.
Sec. 11A-11(10). To cooperate with the Kansas Commission on
Civil Rights and with other organizations or agencies, both public
and private, whose purposes are not inconsistent with those of this
chapter.
Sec. 11A-11(11). To meet regularly once each month at a place
and time decided by the Commission and to adopt rules and regulations
to conduct necessary business. Special meetings may be called by
the chairman or by a majority of the members of the Commission then
presently serving.
Sec. 11A-11(12). To regularly advise the members of the
Governing Body, through distribution of its agenda, minutes, memoranda,
reports, and other pertinent documents, the items of business before
the Commission, the ongoing status of such items, and the disposition
of such items.
"Sections IIA -12 - 11A-19. Reserved.
ARTICLE III.
HUMAN RELATIONS DEPARTMENT
"Section 11A-20. Creation of department.
There is hereby created a Human Relations Department for the
purpose of administering and enforcing the provisions of this chapter
or as hereafter amended.
"Section 11A-21. Position of Director of Human Relations, created,
appointment, salary.
There is hereby created the position of Director of Human
Relations of the City of Salina 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 Human Relations. The salary of the
Director of Human Relations shall be fixed by the Governing Body.
"Section 11A-22. Duties, responsibilities, and authority of the
Human Relations Director.
The Director shall have the following duties, responsibilities,
and authority:
The administration of this ordinance shall be the responsibility
of the Director of Human 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:
Sec. 11A-22(1). Seek to eliminate and prevent discrimination
in employment because of race, sex, religion, age, color, national
origin, ancestry, physical handicap, or marital status, by employers,
labor organizations, employment agencies, or other persons, and to
take other actions against discrimination because of race, sex,
religion, age, color, national origin, ancestry, physical handicap,
or marital status as provided herein;
Sec. 11A-22(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;
Sec. 11A-22(3). Seek cooperation -from and, upon request, make
technical assistance available to all city government departments
and agencies;
Sec. 11A-22(4). Receive, investigate, initiate and attempt to
conciliate complaints alleging discrimination in employment, housing
and public accommodations because of race, sex, religion, age,
color, national origin, ancestry, physical handicap, or marital
status;
Sec. 11A-22(5). Pursue the goals of affirmative action implementat on
within municipal government and external to municipal government
through continued dialogue and technical assistance;
Sec. 11A-22(6). In conducting an investigation the Director
shall have access at all reasonable times to premises, records,
documents, and other evidence or possible sources of evidence, and
may examine, record, and copy such materials and take and record the
testimony or statements of such persons as are reasonably necessary
for the furtherance of the investigation. In the case of the refusal
of any person to testify or provide access to information as set
forth immediately above, the Director may request the City Attorney
to file the appropriate action in the District Court of Saline
County, Kansas, to order such person to comply with such request;
Sec. 11A-22(7). Request the City Attorney to apply to the
District Court of Saline County, Kansas for temporary or permanent
injunction relief to enjoin violation of this chapter;
Sec. 11A-22(8). Request the City Attorney to apply to the
District Court for enforcement of any conciliation agreement by
seeking specific performance of such agreement.
Sec. 11A-22(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.
''Sections 11A-23 - 11A-29. Reserved.
ARTICLE IV.
UNLAWFUL EMPLOYMENT PRACTICES
''Section 11A-30. Unlawful employment practices.
It shall be an unlawful employment practice:
Sec. 11A-30(1). For an employer, because of race, sex, religion,
age, color, national origin, ancestry, physical handicap or marital
status of any individual to refuse to hire or employ, or to bar or
discharge from employment such individual; or to otherwise discriminate
against such individual in compensation, or in terms, conditions, or
privileges of employment; or to limit, segregate, separate, classify
or make any distinction in regard to employees; or to follow any
employment procedure or practice which, in fact, results in
discrimination, segregation, or separation without a valid business
motive.
Sec. 11A-30(2). For a labor organization, because of race,
sex, religion, age, color, national origin, ancestry, physical
handicap or marital status of any individual, to exclude or to expel
from its membership such individual; or to discriminate in any way
against any of its members, or against any employer, or against any
individual employed by the employer.
Sec. 11A-30(5). For an employment agency to refuse to list and
properly classify for employment, or refuse to refer an individual
for employment, or otherwise discriminate against any individual
because of his race, sex, religion, age, color, national origin,
ancestry, physical handicap or marital status; or to comply with a
request from an employer for a referral of applicants for employment
if the request expresses, either directly or indirectly, any
limitations, specifications, or discrimination as to race, sex,
religion, age, color, national origin, ancestry, physical handicap
or marital status unless such request is accompanied by a demonstrably
valid occupational qualification.
Sec. 11A-30(6). For an employer, labor organization, employment
agency or school which provides, coordinates, or controls apprenticeshi
on the job training, or other training or retraining program, to
maintain a practice of discrimination, segregation, or separation
because of race, sex, religion, age, color, national origin, ancestry,
physical handicap or marital status, in admission, hiring, assignment,
upgrading, transfers, promotion, layoff, dismissal, apprenticeship,
or other training or retraining programs; or in any other terms,
conditions, or privileges of employment, membership, apprenticeship,
or training; or to follow any policy or procedure which, in fact,
results in such practices, without a valid business motive or
occupational qualification.
Sec. 11A-30(7). For any person, whether an employer or an
employee, or not, to aid, abet, incite, compel, or coerce the doing
of any acts forbidden under this chapter or to attempt to do so.
"Section 11A-31. Exceptions.
The provisions of this article shall not apply to part-time,
temporary, or seasonal employees. Nor shall the provisions of this
article prevent the enforcement of any bona fide retirement plan.
"Sections 11A-32 - 11A-39. Reserved.
ARTICLE V.
UNLAWFUL PUBLIC ACCOMMODATION PRACTICES
"Section 11A-40. Unlawful public accommodations practices.
It shall be an unlawful public accommodations practice for any
person as defined herein being the owner, operator, lessee, manager,
administrator, agent, or employee of any place of public accommodation:
Sec. 11A-40(1). 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, sex, religion, age, color, national origin, ancestry, physical
handicap or marital status.
Sec. 11A-30(3). For any employer, employment agency, or labor
organization to print or circulate or cause to be printed or circulated,
any statement, advertisement, or publication, or to use or make any
inquiry in connection with prospective employment or membership,
which expresses, directly or indirectly, any limitation, specification,
or discrimination as to race, sex, religion, age, color, national
origin, ancestry, physical handicap or marital status, or any intent
to make any such limitation, specification, or discrimination,
unless based on a bona fide occupational qualification.
Sec. 11A-30(4). For any employer, employment agency, or labor
organization to discharge, expel, or otherwise discriminate against
any person because he has opposed any practices or acts forbidden
under this chapter or because he has filed a complaint, testified,
or assisted in any proceeding under this chapter.
Sec. 11A-30(5). For an employment agency to refuse to list and
properly classify for employment, or refuse to refer an individual
for employment, or otherwise discriminate against any individual
because of his race, sex, religion, age, color, national origin,
ancestry, physical handicap or marital status; or to comply with a
request from an employer for a referral of applicants for employment
if the request expresses, either directly or indirectly, any
limitations, specifications, or discrimination as to race, sex,
religion, age, color, national origin, ancestry, physical handicap
or marital status unless such request is accompanied by a demonstrably
valid occupational qualification.
Sec. 11A-30(6). For an employer, labor organization, employment
agency or school which provides, coordinates, or controls apprenticeshi
on the job training, or other training or retraining program, to
maintain a practice of discrimination, segregation, or separation
because of race, sex, religion, age, color, national origin, ancestry,
physical handicap or marital status, in admission, hiring, assignment,
upgrading, transfers, promotion, layoff, dismissal, apprenticeship,
or other training or retraining programs; or in any other terms,
conditions, or privileges of employment, membership, apprenticeship,
or training; or to follow any policy or procedure which, in fact,
results in such practices, without a valid business motive or
occupational qualification.
Sec. 11A-30(7). For any person, whether an employer or an
employee, or not, to aid, abet, incite, compel, or coerce the doing
of any acts forbidden under this chapter or to attempt to do so.
"Section 11A-31. Exceptions.
The provisions of this article shall not apply to part-time,
temporary, or seasonal employees. Nor shall the provisions of this
article prevent the enforcement of any bona fide retirement plan.
"Sections 11A-32 - 11A-39. Reserved.
ARTICLE V.
UNLAWFUL PUBLIC ACCOMMODATION PRACTICES
"Section 11A-40. Unlawful public accommodations practices.
It shall be an unlawful public accommodations practice for any
person as defined herein being the owner, operator, lessee, manager,
administrator, agent, or employee of any place of public accommodation:
Sec. 11A-40(1). 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, sex, religion, age, color, national origin, ancestry, physical
handicap or marital status.
Sec. 11A-40(2). For any person as defined herein, 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 attempt to do
SO.
Sec. 11A-40(3). 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, offered for commercial purposes.
Sec. 11A-40(4). Nor shall anything in this chapter prohibit a
nonprofit private club, in fact not open to the public, which
incident to its primary purpose or purposes, provides certain public
accommodations herein defined, for other than commercial purposes,
from limiting such accommodations to its members, or giving preference
to its members and guests of its members.
"Sections 11A-41 - 1]A-49. Reserved.
ARTICLE VI.
UNLAWFUL HOUSING PRACTICES
"Section 11A-50. Unlawful discriminatory housing practices.
It shall be an unlawful housing practice:
Sec. 11A-50(1). For the owner, real estate broker, real estate
salesman, or employee or agent thereof:
(a) To refuse to sell, rent, assign, lease, or sublease,
or offer for sale, rental, lease, assignment or
sublease any real property or part or portion thereof
to any person or to refuse to negotiate for the sale,
rental, lease, assignment, or sublease when in fact
it is so available, or otherwise to deny or withhold
any housing accommodations or real property or any
part or portion thereof to or from any person.
(b) To discriminate against any person in the terms,
conditions, or privileges of the sale, rental, lease,
assignment, or sublease of any housing accommodations
or real property or part or portion thereof or in the
furnishing of facilities or services in connection
therewith, or to require any person to discriminate
against any other person in the use or occupancy of
such housing accommodations; or
(c) To print, publish, circulate, issue, display, post or
mail, or cause to be printed, published, circulated,
issued, displayed, posted or mailed any statement,
advertisement, publication or sign or to use any form
of application for the purchase, rental, lease,
assignment, or sublease of any housing accommodations
or real property or part or portion thereof which
expresses, directly or indirectly, any limitation,
specification, or discrimination. The production of
any such statement, advertisement, publicity, sign,
form of application or record purporting to be made
by any such person shall be prima facie evidence in
any action that the same was authorized by such
person.
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Sec. 11A-50(2). For any person or financial institution to
which application is made for financial assistance for the purchase,
acquisition, construction, reconstruction, or remodeling of any
housing accommodations or real property or portion thereof or any
agent employee thereof:
(a) To discriminate against any person or prospective
occupants or tenants of such housing accommodations
or real property or part or portion thereof, in the
granting, withholding, extending, modifying, or
renewing, or in the fixing of the rates, terms,
conditions or provisions of any such financial assistance
or in the extension of service in connection therewith;
or
(b) To use any form of application for such financial
assistance or to make any record or inquiry in connectior
with applications for such financial assistance which
expresses, directly or indirectly, any limitation,
specification or discrimination as to race, sex,
religion, age, color, national origin, ancestry,
physical handicap, or marital status, or any interest
to make such limitation, specification or discrimination.
Sec. 11A-50(3). For any person, owner, real estate broker,
real estate salesman, or agent thereof:
(a) To directly or indirectly solicit the sale, lease, or
the listing for sale or lease of housing accommodations
or real property on the ground of imminent, or
prospective entry into the neighborhood of a person
or persons of a particular race, sex, religion, age,
color, national origin, ancestry, physical handicap,
or marital status, or use such fact or suspicion as
a sales or listing inducement or stimulant, or to
distribute or cause to be distributed material or
make statements designed to induce a property owner
to sell or lease his property due to such fact,
suspicion or imminent change in the neighborhood.
(b) To engage in any form of threats or reprisal, or to
engage in, or hire, or conspire with others to commit
acts or activities of any nature, the purpose of
which is to harass, degrade, embarrass, or to cause
physical harm or economic loss to any person attempting
to exercise or enforce the rights protected by this
chapter; to aid, abet, incite, compel or coerce any
person to engage in any of the unlawful discriminatory
housing practices defined in this chapter.
Sec. 11A-50(4). For any person, owner, real estate broker,
real estate salesman, or agent thereof to knowingly sell, rent,
assign, lease or sublease any housing accommodation or real property
which has been withheld from any person in violation of this chapter,
prior to the satisfactory adjustment of the matter with the Director
or the complainant, or the disposition of the matter in court.
"Sections 11A-51 - 11A-59. Reserved.
ARTICLE VII.
PUBLIC CONTRACTS
"Section 11A-60. Public contracts.
Every contract for or on behalf of the City of Salina 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:
Sec. 11A-60(1). The contractor and subcontractor shall observe
the provisions of this chapter and shall not discriminate against
any person in the performance of work under the present contract
because of race, sex, religion, age, color, national origin, ancestry,
physical handicap, or marital status, except by reason of a demonstrably
valid occupational qualification or business motive.
Sec. 11A-60(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 Director.
"Section 11A-61. Contract provisions.
In all contracts entered into by the City of Salina, Kansas, or
any of its agencies or departments, there shall be included a provision
that during the performance of the contract, the contractor will not
discriminate against any employee or applicant for employment in the
performance of said contract and every contractor shall include
similar provisions in all subcontracts under his contract with the
City of Salina.
"Section 11A-62. Affirmative action.
Any contractor entering into a contract with the City of Salina
and his subcontractors shall take affirmative action to insure that
employees are treated equally without regard to their race, sex,
religion, age, color, national origin, ancestry, physical handicap
or marital status. Such affirmative action shall include, but not
be limited to the following: employment, upgrading, demotion or
transfer, recruiting or recruitment, advertising, layoff or termination,
rates of pay or other forms of compensation and selection for training,
including apprenticeship. The contractor and subcontractor shall
agree to post in conspicuous places available to employees and
applicants for employment, notices to be provided by the Director
setting forth provisions of this article. The contractor and his
subcontractors shall provide all affirmative action information and
necessary documents to implement the compliance with the requirements
of all Federal, State and local laws and ordinances. It shall be no
excuse that the employer has a collective bargaining agreement with
any union providing for exclusive referral or approval systems. The
failure of the contractor or subcontractors to comply with the
requirements of this article shall be grounds for cancellation,
termination, or suspension of the contract in whole or in part by
the Governing Body with the contractor or subcontractors until
satisfactory proof of intent to comply shall be submitted to and
accepted by the Governing Body.
"Section 11A-63. Affirmative action plans.
Every contractor and subcontractor prior to entering into a
contract with the City of Salina shall submit to the Director an
acceptable written affirmative action plan which shall:
Sec. 11A-63(1). Identify areas of employment, employment
policies, and employment practices which require action by the
contractor or subcontractor to assure equal employment opportunity.
Sec. 11A-63(2). Analyze these areas, policies and practices to
determine what actions by said contractor or subcontractor will be
most effective.
Sec. 11A-63(3). Establish a plan with goals and timetables
designed to achieve equal employment opportunity.
Sec. 11A-63(4). Include provisions for implementation, monitoring,
and periodic evaluation in order to insure that it continues to be a
valid plan.
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'Section 11A-64. Exemptions.
The provisions of this article shall not apply to:
Sec. 11A-64(1). Contractors or suppliers who would not be
considered as an 'employer' as defined in Article I, Section 11A-
2(7).
Sec. 11A-64(2). Contracts and subcontracts not exceeding
$10,000.
Sec. 11A-64(3). Call type or purchase order agreements which
do not exceed $10,000 in total per calendar year. Provided; vendors,
contractors and suppliers who will supply or expect to supply the
City of Salina with goods or services exceeding $10,000 during the
subsequent calendar year shall not be exempt from the requirements
of this article.
Provided, the above exemptions shall not conflict with applicable
State or Federal laws.
"Sections 11A-65 - 11A-69. Reserved.
ARTICLE VIII.
PROCEDURES FOR FILING AND PROCESSING COMPLAINTS
"Section 11A-70. Complaint, filing of.
Any person claiming to be aggrieved by an alleged unlawful act
or practice may, by himself or by his attorney at law, make, sign,
and file with the Director a verified complaint, in writing. The
Director or Commission upon its own initiative, or the City Attorney,
may, in a like manner, make, sign and file such complaint. An
employer whose employees, or some of whom, refuse or threaten to
refuse to cooperate with the provision of this chapter may file a
verified complaint asking for assistance by conciliation or other
remedial action.
"Section 11A-71. 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 Human Relations
Commission, the Director or any of his personnel, shall be guilty of
a misdemeanor, and upon conviction thereof shall be subject to the
penalty provided in Section 1-8 of the Salina Code.
"Section 11A-72. Procedures for processing complaints.
Procedures for processing the complaint shall be in accordance
with the following:
Sec. 11A-72(1). The Human Relations Department shall maintain
a docket of all legally filed complaints, and each complaint as
initiated, shall be assigned an appropriate designation.
Sec. 11A-72(2). The Director shall promptly notify the respondent
by certified mail that a complaint has been filed. Such notice
shall include: the name of the complainant; the date the complaint
was filed; nature of the complaint and that the Director or a member
of his staff will, as soon as possible, proceed with processing of
the complaint.
Sec. 11A-72(3). The Director shall make, with the assistance
of his staff, a prompt and full investigation of the alleged unlawful
act or practice.
Sec. 11A-72(4). A report on the findings of such investigation
shall be made by the Director to the City Manager within thirty (30)
days after original receipt of the complaint. Provided, however,
for good cause shown, the City Manager may grant to the Director
additional periods of time not to exceed thirty (30) days to make
his findings and reports.
Sec. 11A-72(5). Upon completion of the investigation, the
Director shall determine whether probable cause exists for such
complaint.
Sec. 11A-72(6). Both the complainant and the respondent shall
promptly be notified by certified mail of the determination concerning
probable cause, and that such determination may be appealed in
writing to the Human Relations Commission within five (5) days of
notification.
Sec. 11A-72(7). If it is determined that probable cause exists
for crediting the allegations of the complaint, the Director shall
promptly endeavor to eliminate the unlawful discriminatory act or
practice by means of conciliation and persuasion. The Director
shall not make public the details of such conciliatory proceedings,
but he may publish the terms of any conciliation agreement.
Sec. 11A-72(8). Either the complainant or respondent, if not
satisifed with the determination concerning probable cause, may
request a public hearing before the Commission. Such request shall
be submitted in writing within five (5) days following receipt of
notification of said determination.
Sec. 11A-72(9). Upon receipt of a written request from either
the complainant or respondent for a public hearing the chairman of
the Commission or in his absence the vice-chairman, shall within
five (5) days designate five (5) commissioners to conduct such
public hearing. Such public hearing shall be held after reasonable
notice to all parties of the time and place thereof, but within
fifteen (15) days of receipt of the written request for the hearing.
Sec. 11A-72(10). The Commission shall adopt such rules and
procedures for conducting public hearings as it deems necessary and
appropriate.
Sec. 11A-72(11). The City Attorney or his assistant shall be
available to the Commission to assist in conducting public hearings.
In the event the complaint involves the City of Salina or any of its
officials or employees the Commission may retain other local legal
counsel for such assistance.
Sec. 11A-72(12). The Commission on its own initiative may at
any time, during the course of the investigation, or subsequent
thereto, order a public hearing.
Sec. 11A-72(13). Both the complainant and respondent shall
within five (5) days of completion of the public hearing be notified
by certified mail of the results of such hearing.
Sec. 11A-72(14). If the commissioners conducting said hearing
conclude, by a majority vote, that the respondent has, in their
opinion, engaged in unlawful discriminatory acts or practices as
alleged in whole or in part, by the complainant, the reviewing board
shall exercise any of the following options or a combination of
same:
(a) Instruct the Director to proceed with conciliation
and negotiations to correct such unlawful discriminatory
acts or practices, and develop a written conciliatory
agreement between the complainant and the respondent.
(b) Issue such orders in writing as the facts warrant.
Such order may require the respondent to cease and
desist from such unlawful acts or practices and to
take such affirmative action as necessary to comply
with the provisions of this chapter, including a
requirement for a report or reports of the manner of
compliance.
(c) Certify the case and the entire record of its proceedings
to the City Attorney for prosecution in the appropriate
court of law. Or, if other legal counsel has been
retained as provided for in subsection 11A-72(10)
above, the case may be certified to that attorney for
prosecution.
Sec. 11A-72(15). Failure to comply with or violation of any
conciliatory agreement entered into by the complainant or respondent,
or failure to comply with any order issued by the reviewing board
shall be cause for the Commission to request the City Attorney or
other legal counsel which they have retained in the case to undertake
and proceed with appropriate legal action.
"Section 11A-73. Time for filing complaint.
Any person claiming to be aggrieved by reason of an alleged
unlawful act or practice must file his complaint with the Director
within the following periods of time from the date of the alleged
incident, to -wit:
Sec. 11A-73(1). For violation of any of the unlawful employment
practice specified in Article IV within ninety (90) days from the
date of the alleged incident.
Sec. 11A-73(2). For violation of any unlawful public accommodation
practice as specified in Article V, within ninety (90) days from the
date of the alleged violation.
Sec. 11A-73(3). For violation of any unlawful housing practices
as specified in Article VI, within thirty (30) days from the alleged
incident.
Sec. 11A-73(4). For violation of any unlawful practices under
public contracts as specified in Article VII, within ninety (90)
days from the date of the alleged incident.
Failure to file a claim within the periods above specified
shall constitute a waiver on the part of the complainant of any
breach of this chapter.
"Sections 11A-74 - 11A-79. Reserved.
ARTICLE IX.
MISCELLANEOUS PROVISION
"Section 11A-80. Construction.
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,
sex, religion, age, color, national origin, ancestry, physical
handicap or marital status unless the same is specifically repealed
by this chapter. 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. Nothing
contained in this chapter shall require any person to commit any
act, or be a party thereto, which would constitute a violation of
any existing law or ordinance.
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"Section 11A-81. Invalidity in part.
If any clause, sentence, paragraph or part of this chapter or any
application thereof to any person or circumstance, shall for any
reason be adjudged by a court of competent jurisdiction to be invalid,
such judgement 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 controvers
in which such judgement 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 be included.
"Sections 11A-82 - 11A-89. Reserved."
Section 2. That Chapter 16-1/2 of the Salina Code and ordinances or
parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 3. This ordinance shall be in full force and effect from
and after its adoption and publication in the official city newspaper.
(SEAL)
Attest:
M. E. Abbott, Acting City Clerk
Introduced
Passed
May 17, 1976
May 24, 1976
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