92-9493 Equal OpportunityKUM1n-Gox Printing —Salina, Kansas
(Published in The Salina Journal February /0 , 1992)
ORDINANCE NUMBER 92-9493
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CHAPTER 13
OF THE SALINA CODE PERTAINING TO EQUAL OPPORTUNITY AND
AFFIRMATIVE ACTION; AND REPEALING THE EXISTING CHAPTER.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That Chapter 13 of the Salina Code is hereby amended
to read as follows:
"CHAPTER 13
EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
ARTICLE I. IN GENERAL
"Section 13-1. Declaration of policy.
(a) The practice or policy of discrimination against
individuals by reason of - race, sex, familial status,
disability, religion, age, color, national origin or
ancestry is a matter of concern to the city since such
discrimination threatens not only the rights and privileges
of the inhabitants of the city but menaces the institutions
and foundations of a free democratic state. It is hereby
declared to be the policy of the city to eliminate and
prevent discrimination in all employment relations, to
eliminate and prevent discrimination, segregation or
separation in all areas of public accommodations, and to
eliminate and prevent discrimination, segregation or
separation in housing as provided in this chapter.
(b) It is also declared to be the policy of city to assure
equal opportunities and encouragement to every citizen
regardless of race, sex, disability, religion, age, color,
national origin or ancestry, in securing and holding,
without discrimination, employment in any field of work or
labor for which a person is properly qualified or
qualifiable, to assure equal opportunity to all persons
within the city to full and equal public accommodations,
and to assure equal opportunities in housing without
distinction on account of race, sex, familial status,
disability, religion, color, national origin or ancestry.
It is further declared that the opportunity to secure and
to hold employment, the opportunity for full and equal
public accommodations as covered by this chapter and the
opportunity for full and equal housing are civil rights of
every citizen. To protect these rights, it is hereby
declared to be the purpose of this chapter to establish and
to provide a city human relations commission and a human
relations department.
"Section 13-2. Definitions.
When used in this chapter, the words and phrases
defined in the following sections shall have the meaning
indicated. This chapter prohibits discrimination based
upon sex, and accordingly, the personal pronouns and
gender of nouns used in this chapter shall not be
construed as limiting the provisions of this chapter to one
or to the other sex.
"Section 13-3. 'Age' means an age of forty (40) or more
years but less than seventy (70) years.
"Section 13-4. 'Chairperson' means the person chairing the
human relations commission created by this chapter.
Kinn -Cox Priming — Salina, Kansas
"Section 13-5. 'Commission' means the human relations
commission created by this chapter.
"Section 13-6. 'Complainant' means any person claiming to
be aggrieved by any unlawful discriminatory practice or
violation of this chapter.
"Section 13-7. 'Contract' means any contract entered into
by the City of Salina or any of its agencies.
"Section 13-8. 'Contractor' means any individual,
partnership, corporation, association or other entities
entering into a contract with the City of Salina and who is
an employer as herein defined.
"Section 13-9. 'Director' means the director of the human
relations department.
"Section 13-10. 'Disability' means, with respect to an
individual:
(a) A physical or mental impairment that
substantially limits one or more of the
major life activities of such individual;
(b) a record of such an impairment; or
(c) being regarded as having such an
impairment by the person or entity alleged
to have committed the unlawful
discriminatory practice complained of.
'Disability' does not include current, illegal
use of a controlled substance as defined in
section 102 of the federal controlled substance
act (21 U.S.C. 802) , in housing discrimination.
In employment and public accommodation
discrimination, 'disability' does not include an
individual who is currently engaging in the
illegal use of drugs where possession or
distribution of such drugs is unlawful under the
controlled substance act (21 U.S.C. 812) , when
the covered entity acts on the basis of such use.
"Section 13-11. 'Dwelling' means any building, structure or
portion thereof which is occupied as, or designated or
intended for occupancy as, . a residence by one or more
families, and any vacant land which is offered for sale or
lease for the construction or location thereon of any such
building, structure, or portion thereof.
"Section 13-12. 'Employee' means any person employed by
an employer but does not include any individual employed
by such individual's parents, spouse, or child, or in the
domestic service of any person.
"Section 13-13. 'Employer' includes any person in the city
employing four (4) or more persons, and any person acting
director or indirectly for an employer, labor
organizations, nonsectarian corporations, organizations
engaged in social service work, and the City of Salina and
all political and municipal subdivisions thereof, but shall
not include a nonprofit fraternal or social association or
corporation.
"Section 13-14. '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.
"Section 13-15. 'Familial status' means having one or more
individuals less than eighteen (18) years of age domiciled
with:
KUhn CO. Priming — Salina, Kansas
(1) A parent or another person having legal custody of
such individual or individuals; or
(2) the designee of such parent or other person having
such custody, with the written permission of such
parent or other person.
The protections against discrimination afforded
individuals on the basis of familial status shall
apply to any person who is pregnant or is in the
processing of securing legal custody of any individual
who has not attained the age of eighteen (18) years.
"Section 13-16. 'Financial Institution' means any person
regularly engaged in the business of lending money or
guaranteeing loans on housing accommodations or real
property.
"Section 13-17. 'Hotel' means every building or other
structure which is kept, used, maintained, advertised or
held out to the public as a place where sleeping
accommodations are offered for pay primarily to transient
guests and in which four or more rooms are used for the
accommodation of such guests, regardless of whether such
building or structure is designated as a cabin camp,
tourist cabin, motel or other type of lodging unit.
"Section 13-18. 'Housing accommodation' means:
a. Any building or portion thereof 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.
"Section 13-19. 'Labor organization' includes any
organization which exists for the purpose, in whole or in
part, of collective bargaining, of dealing with employers
concerning grievances, terms or conditions of employment
or of other mutual aid or protection in relation to
employment.
"Section 13-20. 'Occupational qualifications' as used
herein, are those qualifications which can be shown to be
demonstrably valid to the normal operation or performance
of a particular job, business or enterprise.
"Section 13-21. '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 of Salina.
"Section 13-22. '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.
KuhnG,.Printing — Salina, Kansas
"Section 13-23. 'Person aggrieved' means any person who
claims to have been injured by a discriminatory act or
practice or believes that such person will be injured by a
discriminatory act or practice that is about to occur.
"Section 13-24. 'Probable cause' means the presence of a
reasonable ground for belief in the existence of the
allegation of a violation of any statute, ordinance, or
other authority, orders, rules or regulations.
"Section 13-25. 'Public accommodations' shall include any
person who caters or offers goods, services, facilities and
accommodations to the public. Public accommodations
include, but are not limited to, any lodging establishment
or food service establishment, as defined by K.S.A. 36-501
and amendments thereto; any bar, tavern, barbershop,
beauty parlor, theater, skating rink, bowling alley,
billiard parlor, amusement park, recreation park, swimming
pool, lake, gymnasium, mortuary or cemetery which is open
to the public; or any public transportation facility.
Public accommodations do not include a religious or
nonprofit fraternal or social association or corporation.
"Section 13-26. 'Real estate broker' means any person
who, for a fee or other valuable consideration, sells,
purchases, exchanges, rents, negotiates, offers or attempts
to negotiate the sale, purchase, exchange or rental of
housing accommodations or real property of another
person.
"Section 13-27. 'Real estate salesman or agent' means any
person employed by a real estate broker to perform, or to
assist in the performance of, any or all of the functions
of a real estate broker.
"Section 13-28. 'Reasonable accommodation' means:
(a) Making existing facilities used by employees
readily accessible to and usable by individuals
with disabilities; and
(b) job restructuring; part-time or modified work
schedules; reassignment to a vacant position;
acquisition or modification of equipment or
devices; appropriate adjustment or modifications
of examinations, training materials or policies;
provision of qualified readers or interpreters;
and other similar accommodations for individuals
with disabilities.
"Section 13-29. 'Restaurant' means any place in which food
is served or is prepared for sale or service on the
premises or elsewhere. Such term shall include, but not be
limited to, fixed or mobile restaurant, coffee shop,
cafeteria, short-order cafe, luncheonette, grill, tea room,
sandwich shop, soda fountain, tavern, private club,
roadside stand, industrial feeding establishment, catering
kitchen, commissary and any other private, public or
nonprofit organization or institution routinely serving
food and any other eating - or drinking establishment or
operation where food is served or provided for the public
with or without charge.
"Section 13-30. 'Respondent' means any person alleged to
have committed any unlawful act or violation of this
chapter.
"Section 13-31. 'Subcontractor' means any individual,
partnership, corporation, association, or other entity, or
any combination of the foregoing which shall undertake, by
virtue of a separate contract with a contractor as defined
herein to fulfill all or any part of any contractor's
obligation under a contract with the City of Salina, or who
K, -C,. Printing — Sabina. Kansas
shall exercise any right granted to a franchise holder, and
who is an employer as herein defined.
"Section 13-32. 'To rent' means to lease, to sublease, to
let and otherwise to grant for a consideration the right to
occupy premises not owned by the occupant.
"Section 13-33. Construction.
(a) The
provisions of this chapter
shall be
construed
liberally
for the accomplishment of the purposes
thereof.
Nothing contained in this chapter shall
be deemed
to repeal
any of
the provisions of any other law of
this city
relating
to discrimination because
of race,
religion,
color, sex, disability, national origin
or ancestry, unless
the same
is specifically repealed by this
chapter.
(b) Nothing in this chapter shall be construed to mean
that an employer shall be forced to hire unqualified or
incompetent personnel, or discharge qualified or competent
personnel.
"Section 13-34. Invalidity of part.
If any clause, sentence, paragraph or part of this
chapter or the application thereof to any person or
circumstances shall for any reason be adjudged by a court
of competent jurisdiction to be invalid such judgment shall
not affect, impair or invalidate the remainder of this
chapter and the application thereof to other persons or
circumstances, but shall be confined in its operation to
the clause, sentence, paragraph or part thereof directly
involved in the controversy in which such judgment shall
have been rendered and the persons or circumstances
involved. It is hereby declared to be the legislative
intent that this chapter would have been adopted had such
provisions not been included.
"Section 13-35 - 13-50. Reserved.
"ARTICLE II. HUMAN RELATIONS
-COMMISSION
"Section 13-51 Created.
There is hereby created the human relations
commission.
"Section 13-52. Composition,- appointment.
The human relations commission shall consist of nine
(9) members, at least three (3) of whom shall be members
of a significant ethnic or minority group within the
community, who shall be appointed by the mayor, with the
consent of the board of commissioners.
Kinn-Gox Prin�ing —Sabina. Kansas -
"Section 13-53. Terms.
Initial appointments to the human relations 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 a successor is qualified,
provided; however, no person shall serve for more than
eight (8) consecutive years. The term of office of each
chairperson and vice chairperson shall be for one (1) year,
and no person shall serve for more than two (2)
consecutive terms in the same office, unless such election
to the immediately subsequent term is made by members of
the commission by unanimous vote.
"Section 13-54. Compensation.
The members of the human relations commission shall
serve without compensation.
"Section 13-55. Officers.
The human relations commission shall elect one of its
members as chairperson, who shall preside at all meetings
of the commission and perform all the normal duties and
functions of the chairperson. The mayor shall convene the
first meeting of the commission and conduct the election of
the chairperson. The commission shall elect, in the same
manner, one of its members as vice chairperson who shall
act as chairperson during the absence or incapacity of the
chairperson and, when so acting, the member so designated
shall have and perform all the duties and functions of the
chairperson of the commission. The chairperson or
vice -chairperson may resign from office without resigning
from the commission. In such event, the commission shall
elect another member as a replacement for the unexpired
term.
"Section 13-56. Quorum.
A majority of the presently serving members of the
human relations commission shall constitute a quorum for
the purpose of conducting its business.
"Section 13-57. Powers and duties.
The commission shall have the following functions,
powers and duties:
(1) To receive, initiate, investigate and pass upon
complaints alleging discrimination in employment,
public accommodations and housing because of
race, religion, color, sex, disability, national
origin or ancestry and complaints alleging
discrimination in housing because of familial
status.
(2) To subpoena witnesses, compel their appearance
and require the production for examination of
records, documents and other evidence or
possible sources of evidence and to examine,
record and copy such materials and take and
record the testimony or statements of such
persons. The commission may issue subpoenas to
compel access to or the production of such
materials, or the appearance of such persons,
and may issue interrogatories to a respondent to
the same extent and subject to the same
limitations as would apply if the subpoena or
interrogatories were issued or served in aid of a
civil action in the district court. The
commission shall have access at all reasonable
times to premises and may compel such access by
application to a court of competent jurisdiction;
Kuhn -Cox Priming —Salina. Kansas
provided that the commission first complies with
the provisions of Article 15 of the Kansas Bill
of Rights and the Fourth Amendment to the
United States Constitution relating to
unreasonable searches and seizures.
(3) To hold public hearings, administer oaths, and
take depositions to the same extent and subject
to the same limitations as would apply if the
deposition was taken in aid of a civil action in
the district court. In case of the refusal of
any person to comply with any subpoena,
interrogatory or search warrant issued
hereunder, the human relations commission may
make application to the district court to compel
compliance pursuant to state law.
(4) To act in concert with other parties in interest
in order to eliminate and prevent discrimination
and segregation, prohibited by this chapter, by
including any term in a conciliation agreement as
could be included in a final order under this
chapter.
(5) To apply to the district court for enforcement of
any conciliation agreement by seeking specific
performance of such agreement.
(6) To issue such final orders after a public hearing
as may remedy any existing situation found to
violate this chapter and prevent its recurrence;
and, if necessary, to seek enforcement of such
final orders pursuant to federal and state law.
(7) To endeavor to eliminate prejudice among the
various ethnic groups and people with
disabilities in the city and to further good will
among such groups.
(8) To create such advisory agencies and conciliation
councils, as in its judgment will aid in
effectuating the purposes of this chapter; to
study the problem of discrimination in all or
specific fields or. instances of discrimination
because of race, religion, color, sex,
disability, national origin or ancestry; to
foster, through community effort or otherwise,
good will, cooperation and conciliation among the
groups and elements of the population of the
city; and to make recommendations to the
commission for the development of policies and
procedures, and for programs of formal and
informal education, which the commission may
recommend to the city commission. Such advisory
agencies and conciliation councils shall be
composed of representative citizens serving
without pay. The commission may itself make the
studies and perform the acts authorized by this
paragraph. It may, by voluntary conferences
with parties in interest, endeavor by
conciliation and persuasion to eliminate
discrimination in all the stated fields and to
foster good will and cooperation among all
elements of the population of the city.
(9) To accept contributions from any person to assist
in the effectuation of this chapter and to seek
and enlist the cooperation of private,
charitable, religious, labor, civic and
benevolent organizations for the purposes of this
chapter.
K,h,-C,. Printing — Salina, Kansas
(10) To issue such publications and such results of
investigation and research as in its judgment
will tend to promote good will and minimize or
eliminate discrimination because of race,
religion, color, sex, disability, national origin
or ancestry .
(11) To render each year to the city manager and to
the city commission a full written report of all
of its activities and of its recommendations.
(12) To receive and accept federal funds to effectuate
the purposes of this chapter and to enter into
agreements with any federal agency for such
purpose.
"Section 13-58. 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 13-59. 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.
"Section 13-60. Duties, responsibilities, and authority
of the human relations director.
The director shall have the following duties,
responsibilities, and authority: The administration of
this chapter shall be the responsibility of the director of
the 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:
(1) Seek to eliminate and prevent discrimination in
employment because of race, sex, religion, age,
color, national origin, ancestry, disability, or
familial status, by employers, labor
organizations, employment agencies, or other
persons, and to take other actions against
discrimination because of race, sex, religion,
age, color, national origin, ancestry,
disability, or familial status, as provided
herein;
(2) Effectuate the purposes of this chapter first by
conference, conciliation, and persuasion so that
persons may be guaranteed their civil rights and
good will fostered;
(3) Seek cooperation from, and upon request, make
technical assistance available to all city
government departments and agencies;
(4) Receive, investigate, initiate and attempt to
conciliate complaints alleging discrimination in
employment, housing and public accommodations
because of race, sex, religion, age, color,
national origin, ancestry, disability, or
familial status;
Kinn -Cox Printing — Salina, Kansas
(5) Pursue the goals of affirmative action
implementation within municipal government and
external to municipal government through
continued dialogue and technical assistance;
(6) In conducting an investigation, the director or
his staff shall have access at all reasonable
times to premises, records, documents, and other
evidence or possible sources of evidence, and
may examine, record, and 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 case of
the refusal of any person to comply with any
subpoena issued by the local human relations
commission, or to testify to any matter regarding
which such person may be lawfully questioned,
the district court of Saline County may, upon
application of the local human relations
department, order such person to comply with
such subpoena and to testify to the extent such
person could be so compelled pursuant to the
provisions of subsection (2) of Section 13-57 and
state law.
(7) Request that the city attorney apply to the
district court of Saline County, Kansas for
temporary or permanent injunctive relief to
enjoin violation of this chapter;
(8) Request that the city attorney apply to the
district court of Saline County, Kansas for
enforcement of any conciliation agreement by
seeking specific performance of such agreement;
(9) Attend all meetings and serve as secretary of the
human relations commission; provide necessary
reports, such as agenda, minutes, and schedules
of commission meetings to the commission, to the
governing body, and to the city manager; advise
the local news media of commission meetings and
agenda.
"Sections 13-61 - 13-70. Reserved.
"ARTICLE III. UNLAWFUL PRACTICES
"Section 13-71. Unlawful employment practices.
(a) It shall be an unlawful employment practice:
(1) For an employer, because of
the race, religion,
age, color, sex, disability,
national origin or
ancestry of any person to
refuse to hire or
employ such person to bar
or discharge such
person from employment
or to otherwise
discriminate against such person in compensation
or in terms, conditions
or privileges of
employment; to limit, segregate, separate,
classify or make any distinction
in regards to
employees; or to follow any employment procedure
or practice which, in
fact, results in
discrimination, segregation or
separation without
a valid business necessity.
(2) For a labor organization, because of the race,
religion, age, color, sex, disability, national
origin or ancestry of any person, to exclude or
to expel from its membership such person or to
discriminate in any way against any of its
Kinn -G . Printing — Salina. Ka,S2S
members or against any employer or any person
employed by an employer.
(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 any form
of application for employment or membership or to
make any inquiry in connection with prospective
employment or membership, which expresses,
directly or indirectly, any limitation,
specification or discrimination as to race,
religion, age, color, sex, disability, national
origin or ancestry, or any intent to make any
such limitation, specification or discrimination,
unless based on a bona fide occupational
qualification.
(4) For any employer, employment agency or labor
organization to discharge, expel or otherwise
discriminate against any person because such
person has opposed any practices or acts
forbidden under this chapter or because such
person has filed a complaint, testified or
assisted in any proceeding under this chapter.
(5) For an employment agency to refuse to list and
properly classify for employment or to refuse to
refer any person for employment or otherwise
discriminate against any person because of such
person's race, religion, age, color, sex,
disability, national origin or ancestry; or to
comply with a request from an employer for a
referral of applicants for employment if the
request expresses, either directly or indirectly,
any limitation, specification or discrimination
as to race, religion, color, sex, disability,
national origin or ancestry.
(6) For an employer, labor organization, employment
agency, or school which provides, coordinates or
controls apprenticeship, on-the-job, or other
training or retraining program, to maintain a
practice of discrimination, segregation or
separation because of race, religion, age, color,
sex, disability, national origin or ancestry, in
admission, hiring, assignments, upgrading,
transfers, promotion, layoff, dismissal,
apprenticeship or other training or retraining
program, or in any other terms, conditions or
privileges of employment, membership,
apprenticeship or training; or to follow any
policy or procedure which, in fact, results in
such practices without a valid business motive.
(7) For any person, whether an employer or an
employee or not, to aid, abet, incite, compel or
coerce the doing of any of the acts forbidden
under this chapter, or attempt to do so.
(8) For an employer, labor organization, employment
agency or joint labor-management committee to:
a. limit, segregate or classify a job applicant
or employee in a way that adversely affects
the opportunities or status of such
applicant or employee because of the
disability of such applicant or employee;
b. participate in a contractual or other
arrangement or relationship, including a
relationship with an employment or referral
agency, labor union, an organization
KUhmC.. Printing — Salina. Kansas
providing fringe benefits to an employee or
an organization providing training and
apprenticeship programs that has the effect
of subjecting a qualified applicant or
employee with a disability to the
discrimination prohibited by this chapter;
C. utilize standards criteria, or methods of
administration that have the effect of
discrimination on the basis of disability or
that perpetuate the discrimination of others
who are subject to common administrative
control;
d. exclude or otherwise deny equal jobs or
benefits to a qualified individual because
of the known disability of an individual
with whom the qualified individual is known
to have a relationship or association;
e. not make reasonable accommodations to the
known physical or mental limitations of an
otherwise qualified individual with a
disability who is an applicant or employee,
unless such employer, labor organization,
employment agency or joint labor-management
committee can demonstrate that the
accommodation would impose an undue
hardship on the operation of the business
thereof;
f. deny employment opportunities to a job
applicant or employee who is an otherwise
qualified individual with a disability, if
such denial is based on the need to make
reasonable accommodation to the physical or
mental impairments of the employee or
applicant;
g. use qualification standards, employment
tests or other selection criteria that
screen out or tend to screen out an
individual with a disability or a class of
individuals with disabilities unless the
standard, test or other selection criteria,
as used, is shown to be job-related for the
position in question and is consistent with
business necessity; or
h. fail to select and administer tests
concerning employment in the most effective
manner to ensure that, when such test is
administered to a job applicant or employee
who has a disability that impairs sensory,
manual or speaking skills, the test results
accurately reflect the skills, aptitude or
whatever other factor of such applicant or
employee that such test purports to
measure, rather than reflecting the impaired
sensory, manual or speaking skills of such
employee or applicant (except where such
skills are the factors that the test
purports to measure) .
(b) It shall not be an unlawful employment practice to
fill vacancies in such way as to eliminate or reduce
imbalance with respect to race, religion, age, color, sex,
disability, national origin or ancestry.
Kuhn Co, Printing — Salina. Kansas
"Section 13-72. Unlawful public accommodation
practices.
It shall be an unlawful public accommodation practice:
(1) For any person, as defined herein being the
owner, operator, lessee, manager, agent or
employee of any place of public accommodation to
refuse, deny or make a distinction, directly or
indirectly, in offering its goods, services,
facilities, and accommodations to any person as
covered by this chapter because of race,
religion, color, sex, disability, national origin
or ancestry, except where a distinction because
of sex is necessary because of the intrinsic
nature of such accommodation.
(2) For any person, whether or not specifically
enjoined from discriminating under any provisions
of this chapter, to aid, abet, incite, compel or
coerce the doing of any of the acts forbidden
under this chapter, or to attempt to do so.
(3) For any person, to refuse, deny, make a
distinction, directly or indirectly, or
discriminate in any way against persons because
of the race, religion, color, sex, disability,
national origin or ancestry of such persons in
the full and equal use and enjoyment of the
services, facilities, privileges and advantages
of any institution, department or agency of the
State of Kansas or any political subdivision or
municipality thereof.
(4) Nothing in this chapter shall
prohibit a
religious organization, association
or society,
or any nonprofit institution or
organization
operated, supervised, or controlled by or in
conjunction with a religious
organization,
association, or society, from
limiting its
offerings of goods, services, facilities, and
accommodations, to persons of the
same religion,
or from giving preference to such persons,
provided that such offerings above
mentioned are
not, in fact, offered for commercial
purposes.
"Section 13-73. Unlawful housing practices.
Those acts which are unlawful housing practices are
set forth in Article V of this chapter.
"Sections 13-74 - 13-80. Reserved.
"ARTICLE IV.
COMPLAINT PROCEDURES
"Section 13-81. Filing of complaint.
(a) Any person claiming to be aggrieved by an alleged
unlawful act or practice may, personally or by an
attorney-at-law, make, sign and file with the commission a
verified complaint in writing which shall state the name
and address of the person alleged to have committed the
unlawful practice complained of, and which shall set forth
the particulars thereof and contain such other information
as may be required by the. commission. The director or
commission upon its own initiative, or the city attorney,
may, in like manner, make, sign and file such complaint.
K,h, GO% Printing — Sarna, Kansas
(b) In the event a complaint is against the City or any of
its officials or employees, the complaint will be referred
to the Kansas Commission on Civil Rights.
"Section 13-82. Time for filing complaint.
Any complaint filed pursuant to this chapter, except
as otherwise provided in the case of an alleged
discriminatory housing practice, must be so filed within
six (6) months after the alleged unlawful act or practice,
unless the act complained of consists of a continuing
pattern or practice of discrimination in which event it
will be from the last act of discrimination.
"Section 13-83. Submission of a false, misleading
or incomplete complaint,
statement, response or report.
Any person who knowingly and intentionally submits or
files or causes to be submitted or filed, a false,
misleading, or incomplete complaint, statement, response or
report with the commission, the director or any of the
department's personnel, shall be guilty of a misdemeanor.
"Section 13-84. Investigation by commission.
Whenever the commission has, in its own judgment,
reason to believe that any person has engaged in a practice
in violation of this chapter, or has engaged in a pattern
or practice of discrimination, the commission may conduct
an investigation without filing a complaint and shall have
the same powers during such investigation as provided for
in the investigation of complaints. The person to be
investigated shall be advised of the nature and scope of
the investigation prior to its commencement. The purpose
of the investigation shall be to resolve any such problems
promptly. In the event such problems cannot be resolved
within a reasonable time, the commission may issue a
complaint whenever the investigation has revealed a
violation of this chapter has occurred. The information
gathered in the course of the first investigation may be
used in processing the complaint.
"Section 13-85. Conciliation.
(a) During the period beginning with the filing of such
complaint and ending with the commencement of an
administrative hearing or a dismissal of the complaint, the
director shall, to the extent feasible, engage in
conciliation with respect to such complaint.
(b) A conciliation agreement arising out of such
conciliation shall be an agreement between the respondent
and the complainant, and shall be subject to approval by
the director. Such agreements may include in the
provisions thereof any terms or condition which may be
included in a final order of the commission.
(c) In a manner consistent with K.S.A. 44-1019(f)(1) and
amendments thereto, each conciliation agreement shall be
made public unless the person aggrieved and respondent
otherwise agree and the commission determines that
disclosure is not required to further the purposes of this
article.
(d) Any of the parties to a conciliation agreement may
apply to the Saline County District Court for specific
performance of any such agreement.
K,hrvUo Printing —Safina. Kansas
OM
"Section 13-86. Notice and investigation.
After the filing of any complaint by an aggrieved
individual, by the commission, or by the city attorney, the
commission shall within ten (10) days after the filing of
the complaint, serve a copy on each of the parties alleged
to have violated this chapter. The director shall then
make, with the assistance of staff, a prompt investigation
of the alleged unlawful act or- practice.
"Section 13-87. Probable cause; conciliation.
(a) Upon completion of the investigation, two
commissioners will be assigned by the chairperson to
determine, with the advice of the city prosecutor, whether
probable cause exists based upon the documented results of
the investigation. If the two commissioners are unable to
agree on whether probable cause exists, the city prosecutor
shall determine the matter.
(b) If it is determined that no probable cause exists for
crediting the allegations of the complaint, the director
within ten (10) business days from such determination shall
cause to be issued and served upon the complainant and
respondent written notice of such determination. The
director shall then administratively close the commission's
complaint file.
(c) If it is determined that probable cause exists for
crediting the allegations for the complaint, the director
shall immediately endeavor to eliminate the unlawful act or
practice complained of by conference and conciliation. The
complainant, respondent and commission shall have
forty-five (45) days from the date respondent is notified
in writing of a finding of probable cause to enter into a
conciliation agreement. The members of the commission
shall not disclose what has transpired in the course of
such endeavors.
"Section 13-88. Administrative hearing.
In case of failure to eliminate the unlawful act or
practice complained of by conference and conciliation
within the time allowed under Section 13-86(c), or in
advance thereof, if in the judgment of the commission
circumstances so warrant, the commission shall commence a
hearing in accordance with the provisions of the Kansas
administrative procedures act naming as parties the
complainant and the person(s), named in such complaint,
hereinafter referred to as respondent. A copy of the
notice of hearing shall be served on the respondent. The
municipal judge shall serve as the hearing officer.
"Section 13-89. Subpoenas.
The complainant or respondent may apply to the
director with a request that the commission issue subpoenas
for the attendance of any person or the production or
examination of any books, records or documents pertinent
to the proceeding at the hearing. Upon such application
the commission shall issue such subpoenas.
"Section 13-90. Presentation of case.
The case in support of the complaint shall be
presented before the hearing officer by the city attorney
or city prosecutor, or by private counsel of the
complaintant. Any endeavors at conciliation shall not be
received in evidence.
Kinn -Con Priming — Sallna, Kansas
"Section 13-91. Order.
(a) If the hearing officer finds a respondent has engaged
in or is engaging in any unlawful employment practice or
unlawful discriminatory practice as defined in this
chapter, the hearing officer shall render an order
requiring such respondent to cease and desist from such
unlawful discriminatory practice and to take such
affirmative action, including but not limited to the hiring
reinstatement, or upgrading of employees, with or without
back pay, and the admission or restoration to membership
in any respondent labor organizations, the admission to and
full and equal enjoyment of the goods, services,
facilities, and accommodations offered by any respondent
place of public accommodation denied in violation of this
chapter, as, in the judgment of the hearing officer, will
effectuate the purposes of this chapter, including a
requirement for report of the manner of compliance. Such
order may also include an award of compensatory damages
and damages for pain, suffering and humiliation which are
incidental to the act of discrimination, except that an
award for such pain, suffering and humiliation shall in no
event exceed the sum of two thousand dollars ($2,000).
(b) The order of the hearing officer shall be deemed an
order of the commission.
(c) The commission's order shall be subject to enforcement
and review pursuant to K.S.A. 12-16,106 and amendments
thereto.
(d) Within fifteen (15) days after the hearing officer's
order is served by the commission requiring or prohibiting
action by a respondent, the respondent shall notify the
commission in writing of the manner in which the
respondent has complied with the order.
(e) In the case of an order with respect to a
discriminatory practice that occurred in the course of a
business subject to a licensing or regulation by a state
agency, the commission may, not later than thirty (30)
days after the respondent has complied with the order, or,
if such order is judicially reviewed under subparagraph (c)
above, thirty (30) days after such order is in substance
affirmed upon such review:
(1) Send copies of the findings of fact, conclusions
of law, and the order, to that agency; and
(2) recommend to the agency appropriate disciplinary
action, including, where appropriate, the
suspension or revocation of the license of the
respondent.
"Section 13-92. Dismissal.
If the hearing officer finds that a respondent has not
engaged in an unlawful discriminatory practice, the hearing
officer shall render an order dismissing the complaint as
to such respondent.
"Section 13-93. Rules.
The commission is hereby authorized to adopt rules of
practice to govern, expedite and effectuate the foregoing
procedure and its own actions thereunder.
"Sections 13-94 - 13-100. Reserved.
Kuhn-Coa Printing — Salina, Kansas
"ARTICLE V. HOUSING
"Section 13-101. Unlawful discriminatory housing
practices.
Subject to the provisions of Section 13-104 and
amendments thereto, it shall be unlawful for any person:
(1) To refuse to sell or rent after the making of a
bona fide offer, to fail to transmit a bona fide
offer or refuse to negotiate in good faith for
the sale or rental of, or otherwise make
unavailable or deny, a dwelling to any person
because of race, religion, color, sex,
disability, familial status, national origin or
ancestry.
(2) To discriminate against any person in the terms,
conditions or privileges of sale or rental of a
dwelling, or in the provision of services or
facilities in connection therewith, because of
race, religion, color, sex, disability, familial
status, national origin or ancestry.
(3) To make, print, publish, disseminate or use, or
cause to be made, printed, published,
disseminated or used, any notice, statement,
advertisement or application, with respect to the
sale or rental of a dwelling that indicates any
preference, limitation, specification or
discrimination based on race, religion, color,
sex, disability, familial status, national origin
or ancestry, or an intention to make any such
preference, limitation, specification or
discrimination.
(4) To represent to any person because of race,
religion, color, sex, disability, familial
status, national origin or ancestry that any
dwelling is not available for inspection, sale or
rental when such dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any
person to sell or rent any dwelling by
representation regarding the entry or prospective
entry into the neighborhood of a person or
persons of a particular race, religion, color,
sex, disability, familial status, national origin
or ancestry.
(6) To deny any person access to or membership or
participation in any multiple -listing service,
real estate brokers' organization
or other
service, organization or facility
relating to the
business of selling or renting a
dwelling, or to
discriminate against such person
in the terms or
conditions of such access,
membership or
participation, because of race,
religion, color,
sex, disability, familial status,
national origin
or ancestry.
(7) To discriminate against any person in such
person's use or occupancy of a dwelling because
of the race, religion, color, sex, disability,
familial status, national origin or ancestry of
the people with whom such person associates.
(8) (a) To discriminate in the sale or rental, or to
otherwise make unavailable or deny, a
dwelling to any buyer or renter because of a
disability of:
(1) That buyer or renter;
Kuhn -Cox Priming — Salina, Kansas
(2) a person residing in or intending to
reside in that dwelling after it is
sold, rented or made available; or
(3) any person associated with that buyer
or renter.
(b) To discriminate against any person in the
terms, conditions or privileges of sale or
rental of a dwelling or in the provision of
services or facilities in connection with
such dwelling because of a disability of:
(1) That person;
(2) a person residing in or intending to
reside in that dwelling after it is so
sold, rented or made available; or
(3) any person associated with that person.
(c) For purposes of this subsection (8) ,
discrimination includes:
(1) A refusal to permit, at the expense of
the person with a disability,
reasonable modifications of existing
premises occupied or to be occupied by
such person if such modifications may
be necessary to afford such person full
enjoyment of the premises; except that,
in the case of a rental, the landlord
may where it is reasonable to do so,
condition permission for a modification
on the renter agreeing to restore the
interior of the premises to the
condition that existed before the
modification, reasonable wear and tear
excepted;
(2) a refusal to make reasonable
accommodations in rules, policies,
practices or services, when such
accommodations may be necessary to
afford such person equal opportunity to
use and enjoy a dwelling; or
(3) in connection with the design and
construction of covered multifamily
dwellings for first occupancy on and
after February 15, 1992, a failure to
design and construct such dwelling in
such a manner that:
a. The* public use and common use
portions of such dwellings are
readily accessible to and usable
by persons with disabilities;
b. all the doors designed to allow
passage into and within all
premises within such dwellings are
sufficiently wide to allow passage
by persons with disabilities who
are in wheelchairs; and
C. all premises within such dwellings
contain the following features of
adaptive design:
1. An accessible route into and
through the dwelling;
K, -Cox P,inting — Salina Kansas
2. light switches, electrical
outlets, thermostats and
other environmental controls
in accessible locations;
3. reinforcements in bathroom
walls to allow later
installation of grab bars;
and
4. usable kitchens and
bathrooms such that an
individual in a wheelchair
can maneuver about the space.
(d) Compliance with the appropriate requirements
of the American national standard for
buildings and facilities providing
accessibility and usability for physically
handicapped people, commonly cited as 'ANSI
A 117.1' , suffices to satisfy the
requirements of subsection (8)(c.)(3)c
(e) As used in this subsection (8), 'covered
multifamily dwellings' means:
(1) Buildings consisting of four or more
units if such buildings have one or
more elevators; and
(2) ground floor units in other buildings
consisting of four or more units.
(f) Nothing in this chapter shall be construed
to invalidate or limit any state law or
ordinance that requires dwellings to be
designed and constructed in a manner that
affords persons with disabilities greater
access than is required by this chapter.
(g) Nothing in this subsection (8) requires that
a dwelling be made available to an
individual whose tenancy would constitute a
direct threat to the health or safety of
other individuals or whose tenancy would
result in substantial physical damage to the
property of others.
"Section 13-102. Real estate transactions.
(a) It shall
be unlawful for any person
or other entity
whose business includes engaging in
real
estate related
transactions
to discriminate against
any
person making
available such a transaction, or in the
terms or conditions
of such a
transaction, because of
the
race, religion,
color, sex,
disability, familial status,
national origin or
ancestry of
such person or of any person
associated with
such person
in connection with any
real
estate related
transaction.
(b) As used in this section, "real estate related
transaction" means any of the following:
(1) The making or purchasing of loans or providing
other financial assistance:
a. For purchasing, constructing, improving,
repairing or maintaining a dwelling; or
b. secured by residential real estate.
Kinn-Coz Printing — Salina, Kansas
(2) The selling, brokering or appraising of
residential real property.
(c) Nothing in this section prohibits a person engaged in
the business of furnishing appraisals of real property to
take into consideration factors other than race, religion,
color, sex, disability, familial status, national origin or
ancestry .
"Section 13-103. Intimidation, interference.
It shall be unlawful to coerce, intimidate, threaten or
interfere with any person in the exercise or enjoyment of,
or on account of such person's having exercised or
enjoyed, or on account of such person's having aided or
encouraged any other person in the exercise or enjoyment
of, any right granted or protected by Section 13-101 or
13-102 and amendments thereto.
"Section 13-104. Limitations.
(a) Nothing in this chapter shall prohibit a religious
organization, association or society, or any nonprofit
institution or organization operated, supervised or
controlled by or in conjunction with a religious
organization, association or society, from limiting the
sale, rental or occupancy of dwellings which it owns or
operates for other than a commercial purpose to persons of
the same religion, or from giving preference to such
persons, unless membership in such religion is restricted
on account of race, color, national origin or ancestry.
Nor shall anything in this chapter prohibit a nonprofit
private club in fact not open to the public, which as an
incident to its primary purpose or purposes provides
lodgings which it owns or operates for other than a
commercial purpose, from limiting the rental or occupancy
of such lodgings to its members or from giving preference
to its members.
(b) Nothing in this chapter, other than the prohibitions
against discriminatory advertising as provided in
subparagraph (3) of Section 13-101, and amendments
thereto, shall apply to:
(1) The sale or rental of any single family house by
an owner, provided the following conditions are
met:
a. The owner does not own or have any
interest in more than three single family
houses at any one time; and
b. the house is sold or rented without the use
of a real estate broker, agent or
salesperson or the facilities of any person
in the business of selling or renting
dwellings. If the owner selling the house
does not reside in it at the time of the
sale or was not the most recent resident of
the house prior to such sale, the exemption
in this subsection applies to only one such
sale in any 24 -month period; or
(2) rooms or units in buildings containing living
quarters occupied or intended to be occupied by
no more than four (4) families living
independently of each other, if the owner
actually maintains and occupies one of such
living quarters as the owner's residence.
Kuhn -Cox Printing — Salina, Kansas
(c) (1) Nothing in this chapter limits the applicability
of any reasonable local, state or federal
restrictions regarding the maximum number of
occupants permitted to occupy a dwelling. Nor
does any provision in this chapter regarding
familial status apply with respect to housing for
older persons.
(2) As used in this subsection 'housing for older
persons' means housing:
a. provided under any State or Federal
program that the Secretary determines is
specifically designed and operated to assist
elderly persons (as defined in the State or
Federal Program); or
b. intended for, and solely occupied by,
persons sixty-two (62) years of age or
older; or
C. intended and operated for occupancy by at
lease one person fifty-five (55) years of
age or older per unit. In determining
whether housing qualifies as housing for
older persons under this subsection, the
Secretary shall develop regulations which
require at least the following factors:
(i) the existence of significant facilities
and services specifically designed to
meet the physical or social needs of
older persons, or if the provisions of
such facilities and services is not
practicable, that such housing is
necessary to provide important housing
opportunities for older persons; and
(ii) that at least eighty percent (80%)
of the units are occupied by at least
one person fifty-five (55) years of age
or older per unit; and
(iii) the publication of, and adherence
to, policies and procedures which
demonstrate an intent by the owner or
manager to provide housing for persons
fifty-five (55) years of age or older.
(3) Housing shall not fail to meet the requirements
for housing for older persons by reason of:
a. persons residing in such housing as of the
date of enactment of this Act who do not
meet the age requirements of subsections
(2)(B) or (c); provided, that new occupants
of such housing meet the age requirements
of sections (2)(B) or (C); or
b. Unoccupied units; provided, that such units
are reserved for occupancy by persons who
meet the age. requirements of subsections
(2) (B) or (C) .
(d) Nothing in this chapter prohibits conduct against a
person because such person has been convicted two or more
times by any court of competent jurisdiction of the illegal
manufacture or distribution of a controlled substance as
defined in section 102 of the federal controlled substances
act (21 U.S.C. 802).
KuM1nCorc Printing — Saii a, Kansas
on
"Section 13-105. Administration.
(a) The authority and responsibility for administering this
article shall be in the commission. The complaint
procedure set forth in Article IV of this chapter shall
apply to complaints filed under this article, except to the
extent rights of the parties and the applicable procedures
are more specifically addressed herein.
"Section 13-106. Complaints.
(a) Any person aggrieved may file a verified complaint with
the commission. Such complaints shall be in writing, shall
state the facts upon which the allegations of a
discriminatory housing practice are based and shall contain
such other information and be in such form as the
commission may require. Complaints must be filed within
one (1) year after the alleged discriminatory housing
practice occurred, but may be reasonably and fairly
amended at any time. The commission upon its own
initiative or the city attorney may, in like manner, make,
sign and file such complaint.
(b) Upon receipt of any such complaint the commission
shall serve notice upon the aggrieved person acknowledging
such filing and advising the, aggrieved person of the time
limits and choice of forums provided under this article.
Within ten (10) days after the filing of the complaint the
director shall serve on the respondent a notice identifying
the alleged discriminatory housing practice and advising
the respondent of respondent's procedural rights and
obligations under this article, together with a copy of the
original complaint. Service of the notice shall be made in
the manner prescribed by the code of civil procedure.
(c) A respondent may file an answer to the complaint with
the commission no later than ten (10) days after service of
the notice of the complaint.
(d) A person who is not named as a respondent in a
complaint, but who is identified as a respondent in the
course of investigation, may be joined as an additional or
substitute respondent upon written notice, under
subsections (a) and (b) , to such person, from the
commission.
"Section 13-107. Conciliation.
(a) During the period beginning with the filing of such
complaint and ending with the commencement of an
administrative hearing or a dismissal of the complaint, the
director shall, to the extent feasible, engage in
conciliation with respect to such complaint.
(b) A conciliation agreement arising out of such
conciliation shall be an agreement between the respondent
and the complainant, and shall be subject to approval by
the director. Such agreements may include in the
provisions thereof any terms or condition which may be
included in a final order of the commission.
(c) In a manner consistent with K.S.A. 44-1019(f)(1) and
amendments thereto, each conciliation agreement shall be
made public unless the person aggrieved and respondent
otherwise agree and the commission determines that
disclosure is not required to further the purposes of this
article.
(d) Any of the parties to a conciliation agreement may
apply to the Saline County District Court for specific
performance of any such agreement.
Kuhn -Cox Printing — Salina, Kansas
"Section 13-108. Investigation.
After the commission assumes jurisdiction of a
complaint, the commission shall within thirty (30) days
after receipt of the complaint commence an investigation
thereof, and complete such investigation, including
conciliation, within one hundred (100) days after the
filing of the complaint, unless it is impracticable to do
SO. If the commission is unable to complete the
investigation within one hundred (100) days, the commission
shall inform the parties in writing of the reasons for not
doing so.
"Section 13-109. Prompt judicial action.
If the commission concludes at any time following the
filing of a complaint that prompt judicial action is
necessary to carry out the purposes of this chapter, the
commission may bring a civil action in the district court
of Saline County, for appropriate temporary or preliminary
relief pending final disposition of the complaint under
this section. Any temporary restraining order or other
order granting preliminary or temporary relief shall be
issued in accordance with the rules of civil procedure.
The commencement of a civil action under this subsection
does not affect the initiation or continuation of
administrative proceedings under this article.
"Section 13-109. Final administrative disposition.
The
commission shall make
final
administrative
disposition
within one (1) year after the
filing of the
complaint
unless it is impracticable
to do
so. If the
commission
is unable to make
final
administrative
disposition
of the complaint within
one (1)
year of the
date of filing,
the commission shall
inform the parties in
writing of
the reasons for not doing so.
"Section 13-110. Probable cause, conciliation.
(a) Upon completion of the investigation, two
commissioners will be assigned by the chairperson to
determine, with the advice of the city prosecutor, whether
probable cause exists based upon the documented results of
the investigation. If the two commissioners are unable to
agree on whether probable cause exists, the city prosecutor
shall determine the matter.
(b) If it is determined that no probable cause exists for
crediting the allegations of the complaint, the director
within ten (10) business days from such determination shall
cause to be issued and served upon the complainant and
respondent written notice of such determination. The
director shall then administratively close the commission's
complaint file.
(c) If it is determined that probable cause exists for
crediting the allegations of the complaint, the commission
shall serve written notice of such determination on the
person aggrieved. The commission shall proceed to try to
eliminate or correct the alleged discriminatory housing
practice by informal methods of conference, conciliation
and persuasion which shall be held, insofar as possible.
"Section 13-111. Conciliation failure.
If the commission is unable to resolve the alleged
unlawful discriminatory housing practice, it shall notify
the parties in writing that conciliation efforts have
failed.
K0,C,.Printing — Salina, Kansas
"Section 13-112. Election for civil action.
(a) After the commission has issued a notice of
conciliation failure pursuant to Section 13-111 of this
Article, the complainant, the respondent, or the commission
may elect to have the claims and issues asserted in the
reasonable grounds determination decided in a civil action
commenced and maintained by the commission.
(1) An election for a civil action under this
subsection shall be made no later than twenty
(20) days after - an electing complainant or
respondent receives the notice of conciliation
failure, or if the commission makes the election,
not more than twenty (20) days after the notice
of conciliation failure is issued. A complainant
or respondent who makes an election for a civil
action pursuant to this subsection shall give
notice to the commission. If the commission
makes an election, it shall notify all
complainants and respondents of the election.
(2) If an election is made under this subsection, no
later than sixty (60) days after the election is
made the commission shall commence a civil action
in the federal district court in its own name on
behalf of the complainant. In such an action,
the commission shall be represented by an
attorney employed by the commission.
(b) In a civil action brought under this section, the
rights and remedies of the parties shall be determined by
applicable federal law.
"Section 13-113. Administrative hearing.
If the commission is unable to eliminate or correct
the alleged discriminatory housing practice by informal
methods of conference, conciliation and persuasion, and if
an election for a civil action is not made pursuant to
Section 13-112, a hearing shall be held before a hearing
officer in the manner provided in Section 13-87 through
13-89 and the amendments thereto, for holding hearings
under this chapter. In any such hearing, the burden of
proof shall be on the complainant.
"Section 13-114. Order.
(a) If the hearing officer shall find that a respondent
has engaged in or is engaging in any discriminatory
housing practice, the hearing officer shall render an order
requiring the respondent to cease and desist from such
discriminatory housing practice, and such order may direct
a respondent to take such affirmative action as the hearing
officer deems necessary to effectuate the intent and
purposes of this article, including, but not limited to,
the selling or renting of specified real property and the
lending of money for the acquisition, construction,
rehabilitation, repair or maintenance of real property.
Such order may also include an award of compensatory
damages and of damages for pain, suffering and humiliation
which are incidental to the act of discrimination, except
that an award for such pain, suffering and humiliation
shall in no event exceed the sum of two thousand dollars
($2,000). Such order may also, to vindicate the public
interest, assess a civil penalty against the respondent in
an amount not exceeding two thousand dollars ($2,000).
Such civil penalties shall be paid into the city treasury
to the credit of the city general fund.
(b) The order of the hearing officer shall be deemed an
order of the commission.
Kulyi-Cox Priming — Salina. Kansas
(c) The commission's order shall be subject to enforcement
and review pursuant to K.S.A. 12-16,106 and amendments
thereto.
(d) Within fifteen (15) days after the hearing officer's
order is served by the commission requiring or prohibiting
action by a respondent, the respondent shall notify the
commission in writing of the manner in which the
respondent has complied with the order.
(e) In the case of an order with respect to a
discriminatory housing practice that occurred in the course
of a business subject to a licensing or regulation by a
state agency, the commission may, not later than thirty
(30) days after the respondent has complied with the
order, or, if such order is judicially reviewed under
subparagraph (c) above, thirty (30) days after such order
is in substance affirmed upon such review:
(1) Send copies of the findings of fact, conclusions
of law, and the order, to that agency; and
(2) recommend to the agency appropriate disciplinary
action, including, where appropriate, the
suspension or revocation of the license of the
respondent.
"Section 13-115. Dismissal.
If the hearing officer finds that a respondent has not
engaged in an unlawful discriminatory housing practice, the
hearing officer shall render an order dismissing the
complaint as to such respondent.
"Section 13-116. Rules.
The commission is hereby authorized to adopt rules of
practice to govern, expedite and effectuate the foregoing
procedure and its own actions thereunder.
"Sections 13-117 to 13-130. Reserved.
"ARTICLE VI. PUBLIC CONTRACTS
"Section 13-131. Required contract provisions.
(a) 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:
(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 or disability.
(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.
(b) In any contract entered into by the City of Salina 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 the
contract and every contractor shall include similar
2M
provisions in all subcontracts under such person's contract
with the City of Salina.
"Section 13-132. Affirmative action by contractors
required.
(a) Any contractor entering into a contract with the city
and such person's subcontractor shall take affirmative
action to insure that employees are treated equally without
regard to their race, sex, religion, age, color, national
origin, ancestry or disability. 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 such
person's 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.
(b) 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 board of commissioners with the
contractor or subcontractors until satisfactory proof with
intent to comply will be submitted to and accepted by the
board of commissioners.
"Section 13-133. Affirmative action plans.
Every contractor and subcontractor prior to entering
into a contract with the city shall submit to the director
of human relations an acceptable written affirmative action
plan which shall:
(1) Identify areas of employment, employment
policies, and employment practices which require
action by the contractor or subcontractor to
assure equal employment opportunity;
(2) Analyze these areas, policies and practices to
determine what actions by said contractor or
subcontractor will be most effective;
(3) Establish a plan with goals and timetables
designed to achieve equal employment
opportunity; and
(4) Include provisions for implementation,
monitoring, and periodic evaluation in order to
insure that it continues to be a valid plan.
"Section 13-134. Exemptions.
The provisions of this Article shall not apply to:
(1) Contractors or suppliers who would not be
considered as an 'employer' as defined in Section
13-12;
(2) Contracts and subcontracts not exceeding twenty
thousand dollars ($20,000.00); and
Kunn-Co. Printing — Salina, Kansas
(3) Call type or purchase order agreements which do
not exceed twenty thousand dollars ($20,000.00)
in total per calendar year; provided, vendors,
contractors and suppliers who will supply or
expect to supply the city with goods or services
exceeding twenty thousand dollars ($20,000.00)
during the subsequent calendar year not be
exempt from the requirements of this article;
provided, the above exemptions shall not conflict with
applicable state or federal laws.
"Section 13-135 - 13-140. Reserved.
"ARTICLE VII. THE ORGANIZATIONAL
STRUCTURE AND RESPONSIBILITIES FOR
CARRYING OUT THE CITY'S COMMITMENT TO
THE PRINCIPLE OF NONDISCRIMINATION
IN CITY EMPLOYMENT.
"Section 13-141. Definitions.
The words and phrases defined in the following
sections, when used in this article, shall have the
meanings indicated.
"Section 13-142. 'Directors' means the director of
personnel and the director of human relations.
"Section 13-143. 'Minority' as defined by the federal EEOC
are members of racial or ethnic groups which have
encountered, or now encounter, employment or other
discrimination in our society because of such group
membership or affiliations. Ethnic categories as defined
by federal EEOC are:
a. The category 'white' should include persons
of Indo-European descent, including
Pakistani and East Indian.
b. The category 'black' should include persons
of African descent as well as those
identified as Jamaican, Trinidadian and West
Indian.
C. The category 'Spanish Surnamed' should
include persons of Mexican, Puerto Rican,
Cuban, Central, South or Latin American or
Spanish descent.
d. The category 'American Indian' or 'Alaskan
Native' should include persons having origin
in any of the 'original peoples' of North
America, and who maintain cultural
identification through tribal affiliation.
e. The category 'Asian American' or 'Pacific
Islander' should include persons having
origins in any of the 'original peoples' of
the Far East, the Indian subcontinent or the
Pacific Islands. This area includes China,
India, Japan, Korea, Malaysia, Thailand, the
Philippine Islands and Samoa.
"Section 13-144. 'Program' means the affirmative action
program.
Kuhn -Cox Piinung — Salina, Kansas
"Section 13-145. Administration.
The administration of this article shall be the
responsibility of the city manager.
"Section 13-146. Selection standards.
(a) The directors will cause a review of all job
specifications to assure that requirements contained
therein are job related and do not present unreasonable
barriers for entry by minority, female or disabled
applicants.
(b) The directors will cause a review of all written
examinations administered to assure that they do not have a
discriminatory effect on minority, female or disabled
applicants.
(c) As new classifications are established, or new
selection standards utilized, the directors will review
each standard to assure its nondiscriminatory nature.
"Section 13-147. Recruiting and advertising.
(a) In order to insure nondiscrimination in employment
opportunities, the director of personnel shall promptly
notify the director of human relations of any vacancy to be
filled. The director of human relations shall, upon
receiving any job vacancy listing, promptly post notice of
such in public locations in at least three (3) places
throughout the city. The director of personnel shall be
responsible for seeing that an advertisement is given
publication in at least one (1) and not more than three (3)
periodical news agencies with general circulation in the
city. The city shall be responsible for the payment of all
advertising costs. No person shall be employed to fill any
vacancy, except in the 'semiskilled' and 'laborer -type'
category, within ten (10) days after the vacancy is listed
with the director of human relations, unless in the opinion
of the city manager, an emergency exists. Vacancies in
the 'semiskilled' and 'laborer -type' category may be filled
after publication of the vacancy. All applications for
employment shall be filled with the director of personnel.
(b) Recruiting efforts shall be directed toward
educational institutions having minority and/or female or
disabled enrollment.
(c) Communications and referral relationships to be
established and maintained with groups and organizations
likely to yield minority, female or disabled applicants.
(d) Advertising for applicants shall be done in the manner
most likely to reflect the city's affirmative desire to
attract minority, female and disabled applicants.
"Section 13-148. Affirmative management.
(a) It shall be unlawful for the head of any department,
official agent, or employee of the city or of any
department thereof acting for or on behalf of said city in
any manner involving employment by the city to
discriminate against any person otherwise qualified in
employment or in tenure, terms or conditions of
employment, or to discriminate in promotion or increase in
compensation; or to publish offers of or to offer
employment based upon such discrimination; or to adopt or
enforce any rule or employment policy which discriminates
between employees or prospective employees; or to seek
information relating to age, race, sex, religion, color,
national origin, ancestry or disability from any person or
employee, as a condition of employment, tenure, terms or in
connection with conditions of employment, promotion or
KVh, COM Printing — Salina, Kansas
increase in compensation unless such information is
demonstrably valid as being as essential qualification, or
to discriminate in the selection of personnel for training.
(b) The directors will work closely with each department
head in the following areas:
(1) Classification plan: Analyze and restructure
where justified to provide maximum opportunity
for applicants to qualify for employment, as well
as, for employees to advance.
(2) Staff orientation: Initiate programs to assure
that all personnel responsible for selection and
supervision are award of and provided with
training to develop skill in implementing the
affirmative action program.
(3) Identify areas for concentrated efforts: The
directors shall develop statistical information
relative to the utilization of minorities,
females and disabled in all departments of the
city, identify areas of deficiency, and develop
goals and methods for correcting such
deficiencies.
"Section 13-149. Evaluation.
(a) There is hereby established an affirmative action
evaluation committee composed of the city manager or his
designee, the director of personnel, the director of human
relations and other department heads as the city manager
may deem appropriate. The city manager or his designee
shall serve as chairman of the committee.
(b) The committee shall advise the department heads on
implementation procedures, identification of areas for
concentrated efforts, and aid in other matters related to
implementation of the program.
(c) The committee shall meet not less than quarterly to
review overall progress on implementation of the program.
They shall make any modifications as may be necessary to
assure maximum, effective implementation of the program.
"Section 13-150. Training for upward mobility.
The city manager will take measures to assure that
maximum opportunity is afforded to minorities, women and
disabled for entry into training or educational programs
which will enhance their employment for upward mobility
potential.
"Section 13-151. Reports.
The city manager will submit an annual report to the
board of commissioners on the status of the affirmative
action program.
"Sections 13-152 - 13-160. Reserved."
Kuhn -Co Printing — Salina, Kansas
Section 2. That the existing Chapter 13 of the Salina Code is
hereby repealed.
Section 3. That this ordinance shall be in full force and effect
from and after its adoption and publication once in the official city
newspaper.
(SEAL)
ATTEST:
Jacq eline Shiever, City Clerk
Introduced: January 27, 1992
Passed: February 3, 1992
Stephen C. R n, Mayor