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8317 Est Human Relations CommDLT= 13-SALINA 1 1 J ORDINANCE NUMBER 8317 (Published in The Salina Journal 20, 1973) AN ORDINANCE CREATING A HUMAN RELATIONS COMMISSION AND DEFINING ITS DUTIES AND POWERS; PROHIBITING DISCRIMINATION BECAUSE OF RACE, SEX, COLOR, RELIGION, NATIONAL ORIGIN OR ANCESTORY IN EMPLOYMENT, HOUSING AND PUBLIC ACCOMMODATIONS AND PROVIDING REMEDIES AND PENALTIES FOR VIOLATION THEREOF. AMENDING ARTICLE VIII OF CHAPTER 2 AND CHAPTER 11 1/2 OF THE SALINA CODE AND REPEALING SAID EXISTING ARTICLE AND CHAPTER. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That the Salina Code is hereby amended by adding a new chapter designated as Chapter 16 A which chapter shall read as follows: Chapter 16 A HUMAN RELATIONS Sec. 16 A - 1. Declaration of policy. The practice or policy of discrimination against individuals by reason of race, sex, religion, color, national origin or ancestry 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, in exercise of its police power for the protection of the public safety, public health and general welfare, for the maintenance of business and good government, and for the promotion of the city's trade and commerce to eliminate and prevent discrimination, segregation, and separation because of race, sex, religion, color, national origin or ancestry. It is further declared to be the policy of the City of Salina, to assure equal opportunities and encouragement to every person regardless of race, sex, religion, color, national origin or ancestry in securing and holding, without discrimination, employment in any field or work or labor for which he is properly qualified, 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, color, national origin or ancestry. Sec. 16 A - 2. Definitions. As used in this chapter the following words and phrases shall have the meanings respectively ascribed to them herein, unless the context otherwise requires: A. The term "person" includes one or more individuals, partnerships, associations, organizations, corporations, municipal corporations, quasi -municipal corporations, governmental agencies, public bodies, legal representatives, trustees, trustees in bankruptcy, receivers, fiduciaries, mutual companies or unincorporated organizations. B. The term "employer" includes any person in this city employing four (4) or more persons who are not members of the same immediate family; and any person acting directly or indirectly for any employer as herein defined; and labor organizations, non-sectarian organization, and organizations engaged in social service work, and all political and municipal sub -divisions of this city; but shall not include a non-profit fraternal or social organization or corporation. C. The term "employee" does not include any individual employed by his parent, spouse, -or child. TED-SALINA 1 1 1 D. The term "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. E. The term "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. F. The term "commission" means the Human Relations Commission as established by this chapter. G. The term "unlawful employment practices" includes only those unlawful practices and acts specified in Section 16 A-6 of this ordinance and includes segregate or separate. H. The words "hotel, "motel" and "restaurant" shall have the meanings ascribed to them respectively by K.S.A. 36-101 and K.S.A. 1972 Supp. 36-301; and the term "public accomodations" 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. I. The term "unlawful public accommodations practice" means any discrimination against persons in a hotel, motel, cabin, camp,restaurant, or trailer court; and the segregation against persons in a place of public accommodations covered by this ordinance by reason of their race, religion, color, national origin or ancestry. The term "unlawful public accommodations practice" also means any discrimination against any person in a bar, tavern, barber shop, beauty shop, amusement park, recreation area, bowling alley, billiard parlor, theater, skating rink, swimming pool, lake, gymnasium, mortuary, cemetery, or educational institution which is open to the public, or any public transportation facility. J. The term "real property" means and includes (1) all vacant or unimproved land, and (2) any building or structure which is occupied or designed or intended for occupancy, or (3) any building or structure having a portion thereof which is occupied or designed or intended for occupancy. K. The word "family" includes a single individual. L. The term "to rent" means to lease, sub -lease, to let or otherwise to grant, for a consideration, the right to occupy premises not owned by the occupant. M. The term "unlawful housing practice" means any act that is unlawful under Section 16 A - 8 of this ordinance. N. The term "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. 0. The term "unlawful act or practice" means any unlawful employment practice, any unlawful accommodations practice, or any unlawful housing practice, as defined herein. P. The term "occupational qualification" as used herein, are those qualifiactions which can be shown to be demonstrably valid to the normal operation of a particular business or enterprise, and may not be used to disqualify any person for employment because of race, sex, religion, color, national origin, or ancestry. 1 1 1 Sec. 16 A - 3. Human relations commission, created, appointment, terms, etc. There is hereby created a commission to be known as the;Human Relations Commission. Said commission shall consist of seven (7) members, at least three 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 chariman, 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 (1) 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. The term of office of each member of the commission shall be for three (3) years and until his successor is qualified; provided, however, that of those first appointed to the commission, three (3) so named shall serve a term of three (3) years, two (2) so named shall serve a term of two (2) years and two (2) so named shall serve a term of one (1) year. The term of office of the chairman and vice-chairman shall be for one (1) year, and no person shall serve for more than two (2) consecutive 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 chariman 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. There is hereby created the position of Human Relations Director of the City of Salina to be appointed by and directly responsible to the City Manager. Among the duties to which he shall be assigned is that of secretary to the commission. The Human Relations Commission may submit recommendations to the City Manager of applicants for this position, but merit and fitness shall be the final governing criteria in the selection of the Human Relations Director. The salary of the Human Relations Director shall be fixed by the Governing Body. The employment of such personnel, full or part time, as may be reasonably necessary to carry out the provisions of this chapter, may be authorized by, and their compensation fixed by the Governing Body. Sec. 16 A - 4. Powers and duties of the commission. The commission shall have the following functions, powers, duties and responsibilities: A. To receive, initiate, investiagte, pass upon and attempt to conciliate all complaints alleging discrimination, segregation, or separation in employment because of race, sex, age, religion, color, national origin or ancestry; or in public accommodations and housing because of race, religion, color, national origin or ancestry. B. In conducting an investigation the commission shall, after due notice, 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. TED -SALIN A 1 1 1 In the case of the refusal of any person to comply with access to information as set forth immediately above, the commission may request the District Court of Saline County, Kansas, to order such person to comply with such request. Failure to obey the court's order may be punished by the court as contempt. The commission may take testimony under oath or affirmation. C. To apply at any time, after a complaint has been filed, to the District Court for temporary or permanent injunctive relief to enjoin violation of this chapter. D. To apply to the District Court for enforcement of any conciliation agreement by seeking specific performance of such agreement. E. 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. F. To establish or create an advisory agency to study the problems of youth, aged, physically handicapped, and disadvantaged, and who may recommend to the Commission, Human Relations Policies, Procedure and Programs which the commission may then recommend to the appropriate agency. Such advisory agencies and conciliation council shall be composed of representative citizens serving without pay. The commission may itself make the studies and perform the acts authorized by this section. It shall, by voluntary conference with parties in interest, endeavor by conciliation and persuasion to eliminate discrimination in all the stated fields and to foster good will and cooperation among all elements of the population of the city. G. To accept contributions from any person or governmental unit to assist in the effectuation of this section; and to seek and enlist the cooperation, including financial assist- ance, of private, charitable, religious , labor, civic, or benevolent organizations for the purposes of this section. H. To issue such publications and such results of investigation and research as, in its judgement, will tend to promote good will and minimize or eliminate discrimination because of race, sex, religion, color, national origin or ancestry. I. To render each year to the Governing Body of the city a full written report of all of its activities and of its recommendations. J. 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. K. 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. L. 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. M. To regularly advise the members of the Governing Body, through distribution of its agendas, 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. 1 1 1 Section 16 A - 5. Complaint procedures. - 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 commission a verified complaint, in writing, within 90 days of the incident, which shall state the name and address of the person alleged to have committed the unlawful act or practice, and which shall set forth the particulars thereof, and contain such other information as may be reguired by the commission. The 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 provisions of this ordinance, may file with the commission a verified complaint asking for assistance by conciliation or other remedial action. Whenever the commission has, in its own judgement, or as a result of a complaint filed with it , reason to believe that any person as herein defined has engaged in an unlawful act in violation of this chapter, or has engaged in a pattern or practice of discrimination, the commission shall investigate such alleged illegal act. If the commission shall determine after such investigation that no probable cause exists for crediting the allegations of the complaint, it shall, within five (5) days from such determination, cause to be issued and served upon the complainant written notice of such determination; and a copy of such notice shall be sent to the person against whom the complaint was made. If the commission, after such investigation, shall determine that probable cause exists for crediting the allegations of the complaint, the commission shall immediately endeavor by conference and conciliation to eliminate the alleged unlawful act. The members of the commission and its staff shall not disclose what transpired in the course of such conciliation endeavors, if such endeavors are adjudged by commission to be successful. In case of failure to so eliminate such acts or practices through conciliation, the commission shall cause to be issued and served on the City Manager, in the name of the commission, a written notice, together with a copy of such complaint, as the same may have been amended, and other commission records as may be deemed pertinent; and the City Manager shall then deliver the same forthwith to the City Attorney, together with instructions that such complaint shall be filed in the appropriate court of law. If, in the opinion of the City Attorney, the complaint is legally deficient, he shall within a reasonable time, so notify the commission and the City Manager, setting forth his reasons in writing. If the commission believes the complaint to be legally sufficient, it may request a ruling by the Governing Body of the city, which shall then decide whether or not such filing is to be made by the City Attorney in the appropriate court of law. Sec. 16 A - 6. Unlawful employment practices. It shall be an unlawful employment practice: A. For an employer, bacause of race, sex, religion, color, national origin or ancestry 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 employ- ment procedure or practice which, in fact, results in discrimination, segregation, or separation, without a valid business motive. B. For a labor organization, because of race, sex, religion, color, national origin or ancestry of any individual, to exclude or to expel from its membership such individual; or to discriminate 1 1 in any way against any of its members, or against any employer, or against any individual employed by the employer. C. 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 any form of application for employment or membership, 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, color, national origin or ancestry, or any intent to make any such limitation, specification, or discrimination, unless based on a bona fide occupational qualification. D. 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. E. 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, color, national origin or ancestry; or to comply with a request from an employer for a referral of applicants for employment if the request expresses, either directly or indirectly, any limitations, specification, or discrimination as to race, sex, religion, color, national origin or ancestry unless such request is accompanied by a demonstrably valid occupational qualification or business motive. F. For an employer, labor organization, employment agency or school which provides, coordinates, or controls apprenticeship, on the job training, or other training or retraining program, to maintain a practice of discrimination, segregation, or separation because of race, sex, religion, color, national origin or ancestry, 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. G. 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. Sec. 16 A - 7. 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, public servant, agent, or employee of any place of public accommodation: A. To refuse, deny, or make a distinction directly or indirectly in offering its goods, services, facilities, and accommodations to any person as covered by this chapter because of race, religion, color, national origin or ancestry. B. 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. C. Nothing in this chapter shall prohibit a religious organization, association, or society, or any non-profit 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. 1 1 1 D. Nor shall anything in this chapter prohibit a non-profit 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 member, or giving preference to its members and guests of its members. Sec. 16 A - 8. Unlawful housing practices. It is hereby declared that discriminatory practices as defined in Section 16 A - 8 (2) against the public policy of the City of Salina, Kansas, and are hereby prohibited and declared to be unlawful acts. Sec. 16 A - 8 (1). Definitions. For the purpose of Section 8, (Unlawful housing practices), the following terms phrases, words and their derivations shall have the meaning given herein unless the context otherwise indicates. A. The term "chairman" shall mean the chairman of the Human Relations Commission. B. The term "commission" shall mean the Human Relations Commission. C. The term "complaintant" shall mean,any person claiming to be aggrieved by any unlawful discriminatroy housing practice. D. The term "director" shall mean the Human Relations Director of the City of Salina. E. The term "financial institution" shall mean any person regularly engaged in the business of lending money or guaranteeing loans on housing accommodations or real property. F. The term "housing accommodations" shall mean: (1) Any building or portion thereof, whether such buildinq 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: (2) The term "housing accommodations" shall not mean or include: (a) The rental of a dwelling, or a portion thereof, containing accommodations for no more than two(2) families, one of which is occupied by the owner or his family at the time of rental. (b) The rental of less than four (4) rooms in a one -family dwelling to another person or persons by the owner or occupant of such accommodations in which he or members of his family reside. G. The word "owner" shall mean and include the owner, lessee, sublessee, assignee, manager, agent, or other person, firm or corporation, having the right to sell, rent or lease any housing accommodation or real property within the corporate limits of the city. H. The word "person" shall include one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. I. The phrases "unlawful housing practice","discrimination" or "discriminate", shall mean any discrimination or segregation or separation against any person or group of persons because of race, color, national origin or ancestry, and shall include only those unlawful practices and acts as set forth in Section 16 A - 8 (2) of the section. 1 I L7 J. The term "real 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, exchange or rental of housing accommodations of real property of another person. K. The term "real estate salesman 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. L. The term "real property" shall include all real estate, leaseholds, a,nd any vacant land offered for sale or rent. M. The term "respondent" shall mean any person alleged to have committed any unlawful discriminatory housing practice. Sec. 16 A - 8 (2). UnZawfuZ discriminatory housing practices. It shall be an unlawful housing practice. A. For the owner, real estate broker, real estate salesman, or employee or agent thereof: (1) 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 nogotiate 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. (2) 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 (3) 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 or to make any record or inquiry in connection with the prospective 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 as to any person or any intent to make any such 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. B. For any person or financial institution to which application is made for financial assistance for the purchase, acquisition or construction of any housing accommodations or real property or part or portion thereof or any agent employee thereof: (1) 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 1 L 1 (2) To use any form of application for such financial assistance or to make any record or inquiry in conncetion with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination as to race, color, creed, national origin, or ancestry, or any intent to make any such limitation, specification or discrimination. C. For any person, owner, real estate broker, real estate salesman, or agent thereof: (1) 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, color, creed, national origin or ancestry, 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. (2) 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. D. 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 commission or the complaintant, or the disposition of the matter in court. Sec. 16 A - 8 (3). Administration of the chapter. The Human Relations Commission of the City of Salina, Kansas, shall be the administrative agency of this section. It shall have the power and it shall be its duty to: A. Initiate, receive, investigate and seek the satisfactory adjustment of complaints charging unlawful housing practices as set forth in this chanter. B. 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 complaintant, 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, such process may be served by any commissioner or his designate, and shall be enforced by the City of Salina Municipal Court. C. Request other departments, boards and commissions of the city government to assist in the performance of its duties under this chapter, and it shall be the responsibility of each department, agency and employee of the city to see that this chapter is complied with and to ascertain to the best of his or its ability that each person with whom the city has any contract has not violated this chapter -No such department 1 or agency shall issue any license or permit or engage in any transaction whatsoever on the part of the city with any person who is violating the provisions of this chapter. It shall be the duty of the commission to send appropriate notice of this provision and of all violations of this chapter to each such department or agency of the city. D. Adopt such rules and regulations as may be necessary to carry out the purposes and provisions of this chapter. Sec. 16 A - 8 (4). Procedure for processing compZaints. A. Any complainant may on his own behalf, or by his attorney, make, sign and file with the commission a complaint in writing, under oath, which shall state the name and address of the respondent. Said complaint shall set forth the particulars thereof and contain such other information as may be required by the Human Relations Commission. B. Alternatively the commission may issue, in like manner, a verified complaint of an alleged unlawful discriminatory housing practice. C. Any complaint filed pursuant to this section must be filed with the commission within fifteen (15) days after the date of the alleged incident. The commission or the complainant shall have the power to amend any complaint. D. In the event of a complaint being filed pursuant to this section, a true copy of such complaint shall be personally served by a commissioner or his designate upon the respondent, or shall forthwith be transmitted by certified United States mail, postage prepaid, addressed to the respondent. E. Upon the filing of a complaint, the commission shall designate one of its members or the director to make, with the assistance of the commission staff, a prompt and full investigation of the unlawful discriminatory housing practice alleged. A report to the commission of the findings of such investigation shall be made within fifteen (15) days after original receipt of such complaint by the commission, provided that for good cause shown, the chairman may grant an additional period of time not to exceed fifteen (15) days to make findings. F. If it is determined, after investigation, that no probable cause exists for such complaint, the complainant and the respondent shall forthwith be notified in writing of such determination. G. In the event the complainant is not satisfied with the findings of no probable cause, he may, within five (5) days from the receipt of said notice, so notify the commission and the respondent in writing. Upon receipt thereof, the chairman shall within five (5) days designate three (3) commissioners as a reviewing board to hear said complainant; such hearing to be held after reasonable notice to all parties of the time and place thereof. (1) If the reviewing board finds no probable cause for crediting the allegations of the complaint, the case shall be closed and the report thereof shall be filed with the commission, and a copy forwarded to the complainant and respondent. (2) In the event the reviewing board finds probable cause for crediting the allegations, the board shall direct the investigating commissioner to proceed with conciliation and persuasion as provided for herein. SALINA 1 D 1 H. If after investigation, it is determined that probable cause exists for crediting the allegations of the complaint, the investigating commissioner, if one has been appointed, or the director shall immediately endeavor to eliminate the unlawful discriminatory housing practice by means of conciliation and persuasion. The commission shall not make public the details of such conciliatory proceedings, but it may publish the terms of any conciliation agreement. I. If the commission determines that a housing accommodation or housing accommodations involved in a complaint of an unlawful housing practice may be sold, rented or otherwise disposed of, before a determination of the case has been made, and the commission believes that there is probable cause for the complaint, the commission may direct the city attorney to seek an injunction restraining the sale, rental or other disposition of the housing accommodation or housing accommodations. J. In the event of failure to eliminate an unlawful discriminatory housing practice by means of conciliation and persuasion, or in advance thereof, if in the judgement of the commission the facts so warrant, the commission may hold a public hearing to determine whether or not an unlawful practice has been committed or, without holding such a hearing, certify the case to the City Attorney in accordance with subparagraph (M) of this section. K. When a public hearing is ordered, the commission shall designate one or more members to conduct such a hearing, not to include the investigating commission if one has been appointed. The commission shall serve upon the person charged with having engaged in the unlawful practice, a statement of the charges made in the complaint or amended complaint and a notice of the time and place of the hearing. The hearing shall be held not less than ten (10) days after the service of the statement of charges. The respondent shall have the right to file an answer to the statement of charges, to appear at the hearing in person or to be represented by an attorney, or, subject to the approval of the hearing panel, by any other person, and to examine and cross-examine witnesses. The complainant shall also have the right to be represented by an attorney, or subject to the approval of the hearing panel, by any other person. The testimony taken at the hearing shall be under oath and may be transcribed. L. If upon all the evidence presented, the commission finds that the respondent has not engaged in any unlawful practice, it shall state its findings of fact in writing and dismiss the complaint. If upon all the evidence presented, the commission finds that the respondent has engaged or is engaging in an unlawful practice, it shall state its findings of fact in writing and shall issue such order in writing as the facts warrant to effectuate the purpose of this chapter. Such order may require the respondent to cease and desist from such unlawful practice and to take such affirmative action as, in the judgement of the commission, will effectuate the purpose of this chapter, including a requirement for a report or reports of the manner of compliance. Copies of the order shall be sent to all parties by certified United States mail, postage prepaid. M. In the event the respondent refuses or fails to comply with any order of the commission or violates any of the provisions of this chapter, the commission shall certify the case and the entire record of its proceedings to the City Attorney, who shall invoke the aid of an appropriate court to secure enforcement or compliance with the order or to impose the penalties set forth below, or both. 1 Sec. 16 A - 9. 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, shall contain provisions by which the contractor and any subcontractors agree that: A. The contractor and subcontractors shall observe the provisions of this chapter and shall not discriminate against any person in the performance of work under the present contract beacuse of race, sex, religion, color, national origin or ancestry, except by reason of a demonstrably valid occupational qualification or business motive. B. 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 Human Relations Commission. Sec. 16 A - 10. Affirmative action policy. Any new employer in Salina after January 1, 1974, shall be asked to submit affirmative action policies, to be reviewed by the commission, to determine if said policies provide equitable placement in the hiring scheme. Affirmative action policies are positive programs designed to insure that a good faith effort will be made to employ applicants and to treat employees during employment equally without regard to their race, sex, religion, national origin or ancestry, or age. Such programs shall include, where applicable, but not to be limited to, the following: recruitment and recruitment advertising, employment upgrading promotion, demotion or transfer, lay-off or termination, rates of pay or other forms of compensation, other terms or conditions of employment and selection for training including apprenticeship; and shall include goals, methodology and timetables for implementation of the program. The words "applicants" and "employees" as used herein shall include subcontractors as well as individuals. Sec. 16 A - 11. 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, color, national origin or ancestry unless the same is specifically repealed by this act. Nothing in this act shall be construed to mean that an employer shall be forced to hire unqualified or incompetent personnel or discharge qualified or competent personnel. Sec. 16 A - 12. 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 act, and the application thereof to other persons or circimstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy 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 been included. Sec. 16 A - 13. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. ➢ATLD-SALINA D 1 1 Section 2. That existing Article VIII of Chapter 2 and all of Chapter 11 1/2 of the Salina Code are hereby repealed. Section 3. This ordinance shall be in full force and effect from and publication in the official city newspaper. Adopted by the Board of Commissioners and approved by the Mayor this 12th day of November P 1973. (SEAL) Attest: '4 uyc D. L. Harrison, City Clerk Jack Weis erbe%, Mayor