8317 Est Human Relations CommDLT= 13-SALINA
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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(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
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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.
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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.
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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.
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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