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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. 1 C 1 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. 1 11 '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. u 1 "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 �9090"—.� . • •