HomeMy WebLinkAbout1985-OR-57 ORdiNAnCE .O. 85-OR-~'f
OF THE J~FFERSO~WLLE ClTY ¢O~E
WHEREAS, the City of jeffersonville has a long-
standing and honored tradition of tolerance, fairness and is
dedicated to the preservation of the freedom of every individual
residing within the City.
NOW, THEREFORE, BE IT ORDAINED by the Common Council
of the City of Jeffersonville, Indiana, that the following
Ordinance ~s hereby adopted.
Definitions
The following terms shall have the following meanings and constraints:
I. Acquisition of real estate shall mean the sale, rental, lease~ sublease~
construction~ or financing~ including negotiations and any other activities or
procedures incident thereto~ of.'
a. any building structure~ apartment, single room~ or suite of rooms or other
portion of a building, occupied as or designed or intended for occupancy as
living quarters, or
b. any building, structure, or portion thereof, or any improved or unimproved land
utilized or designed or intended for utilization for business, commercial,
industrial, or agricultural purpose, or
c. any vacant or unimproved land offered for sale or lease for any purpose
whatsoever.
2. Affirmative_ action shall mean those acts which the Commission deems necessary
to assure compliance with the 3effersonville Human Relations Commission
Ordinance.
Affirmative action a§reement shall be voluntary written agreements entered into
by persons and the Commission for the correction of discriminatory practices.
Ancestry shall refer to both the country from which a person's ancestors came
and the citizenship of a person's ancestors. (See National origin).
§. Appraiser shall mean any person who for a fee or otherwise establishes or
estimates a value for a housing unit, as defined in this section.
6. ~ shalt reier to any corporation or public association organized for profit.
7. Chairman or Chairperson. shall mann the Chairman or Chairwoman oi the
Commission.
Commission shall mean the 3effersonville Human Relations Commission which is
created pursuant to this ordinance.
9. ommission attorne- shall mean the City Attorney, or such assistants of the City
Attorney as may be assigned to the Commission, or such other attorney as may be
engaged by the Commission or voluntarily lend his/her services to the Commission.
10. Complainant shall mean any individual char§in§ on his own behalf to have been
personally aggrieved by a discriminatory practice, or a Commissioner of the
3effersonville Human Relations Commission chargin§ that a discriminatory
practice was committed against a person, other than his/herself, or a class of
people, in order to vindicate the public policy of the State of indiana as defined in
IC-22-9-I-12, and the public policy of the City of 3effersonville pursuant to this
Ordinance.
ti. Complaint shall mean any written grievance filed by a complainant with the
Commission. The orginal copy shall be signed and verified before a Notary Public
or another person duly authorized by law to administer oaths and take
acknowledgements. Notarial services shall be furnished by the Commission
without charge to the complainant.
12.
l~.
Consent aRreement, shall mean a formal agreement entered into in lieu of
adjudication.
Director.shall mean the Executive Director of the Commission.
Discriminatory practice shall mean any one or more of the following committed
within the jurisdiction oi the Commission.
a. The exclusion from or the difference in treatment or the failure to grant to
any person equal opportunities by reason of age, race, religion, color, sex,
natlonai origin, ancestry or handicap provided, however:
1. It shall not be discriminatory practice to maintain separate restrooms or
dressing rooms for men and women.
2. It shall not be discriminatory practice for any employer to hire employees
or for an Employment Agency to classify or refer for employment any
individual on the basis of age, sex, religion, national origin, handicap or
ancestry in those certain instances where age, sex, religion, national origin,
handicap or ancestry is a bona fide occupational requirement, reasonably
necessary for the normal operations of that particular business or
enterprise.
b. The exclusion from or the difference in treatment of or the ~[ailure to grant to
any person equal opportunities because such person did one or more of the
following: "
1. Flied a complaint alleging the violation of this Ordinance.
2. Testified in a hearing before the Commission in the performance of its
duties and functions under this Ordinance.
3. Requested assistance from the Commission in connection with any alleged
discriminatory practice whether or not such a discriminatory practice
would be a violation oi this Ordinance.
c. The exclusion from or the difference in treatment of or the failure to grant to
any person equal op. portunities in the sale, rental or financing of housing or'
other real property in any manner whatsoever, including but not limited to the
following acts:
1. To refuse to sell or rent after the making of a bona fide offer, or to
refuse to negotlaie for the sale or rental of, or otherwise make unavailable
or deny, a dwelling to any person because of age, race, color, religion, sex,
national origin or handicap. This shall not be interpreted to prohibit
"all-adult" retirement communities.
2. To discriminate against any person in the terms, conditions, or privileges of
sale or rental or a dwelling, or in the provisions or services or facilities in
connection therewith, because of age, race, color, religion, sex, national
origin or handicap;
3. To make, print, or publish or cause to be made, printed or published any
· t
notice, statement or advertisemen , with respect to the sale or rental of a
dwelling that indicates any preference, limitation, or discrimination or to
intend to make any such preference, limitation or discrimination based on
a~e, race, religion, sex, national origin or handicap;
4. For profit, to induce or attempt to induce any person to sell or rent any
dwelling by representations regarding the entry or prospective entry into
the neighborhood or a person or persons of a particular age, race, color,
religion, sex national origin or handicap.
5. With regard to any person whose business consists in whole or in part in the
appraising of property or the makin§ of real estate loans, to deny a loan or
other financial assistance to an applicant therefore, or to discriminate
against such applicant in the fixing of amount, interest rate, duration, or
other terms or conditions of such loan or other financial assistance, or to
make a lower appraisal valuation because of the age, race, sex, color,
religion, national origin or handicap of such applicant, or of any person
connected with such applicant in connection with such loan or other
financial assistance or the purposes of such loan or other financial
assistance, or of the present or prospective owners, lessees, tenants or
occupants of the dwelling or dwellings in relation to which such loan or
other financial assistance is to be made or given; or because of the
presence or absence or the prospective presence or absence within a
neighborhood of concentrations of persons of a particular age, race, sex,
handicap, color, religion, or national origin.
1~. Educational institution shall mean all public and private schools and training
centers except universities supported in whole or in part by state funds.
16. ~ shall mean any person employed by another for wages or salary;
provided that it shall not include any individual employed by his/her parents,
spouse or child.
17. Employer shall mean the City and any other governmental organization or any
department thereof and any person, company, association, organization,
corporation, partfier~hip, group, or proprietorship employing six (6) or more
employees within the City; except that the term "employer" ooes not include any
not-for-profit corporation or association organized exclusively for fraternal or
religious purposes, nor any school, educational or charitable religious institution
owned or conducted by, or affiliated with, a church or religious institution, nor
any exclusively social club, corporation or association that is not organized for
profit.
18. Employment agency shall mean any person undertaking with or without
compensation to procure, recruit, refer or place employees.
19. Handicap or Handicapped shall mean the physical or mental condition of a
person which constitutes ~ substantial disability. In reference to employment,
,,h~nm~-~n' or ,,handicapped" also means the. physical or.
under this Ordinance ........ r. ....... *~*utes a substantial disabihty unrelated
mental condition of a person wntcl~
to such person's ability to engage in a particular occupation. To be classified as
"handicapped" a person must be certified with the Vocational Rehabilitation
Division, Indiana Rehabilitation Services.
20. He and His shall refer m both sexes and shall not be construed to limit the
eligibility for any position to males. (See - Sex)
2I. Housing units, shall mean any area which is=
a. A single room or suite of rooms or an apartment of dwelling occupied or
intended for occupancy as separate living quarters by an individual, by a
family, or by a group of individuals living together; or
b. A parcel of real property or a lot available for the construction of a housing
unit.
Sdetermintng th q probable cause in a complaint or to rule on any
objections to approved Consent Agreements.
23. Insurance ~ shall mean any person underwriting losses caused by the
usual hazards covered by such persons.
Labor organizations shall mean any organization which exists lot the purpose,
in whole or in part, of collective bargaining or of dealing with employers
concerning grievances terms, or conditions of employment, or for mutual aid or
protection in relation to employment.
LendinR institution shall mean any bank~ building and loan association,
insurance companyt or other corporations association~ firm or enterprise whose
business consists in whole or in part in making or guaranteeing loans secured by
real estate or an interest therein.
26. National~ shall refer to both the country from which a person came and
-the citizenship of a person*s ancestors. (See Ancestry)
27. Owner shall mean the lessee, sublessee, assignee, managing agent or other
person having the right to ownership or possession or the right to sell, rent, or
lease any housing unit.
2g. Person. shall mean one or more individuals, partnerships~ corporation.s,
cooperativest associations~ organizations~ labor representatives~ trustees tn
bankruptcy~ trustees~ receivers~ gover.n, mental agencies~ and departments
limited to the City of 3effersonville, Indtana~ and any of its departments and
other organized groups provided, however~ that with r.e~ard to complaints
f:oncerning employment~ "person" shall mean employers 'of six (6) or more
~mployees.
29. ~)robable cause shall exist when facts and circumstances are sufficient so a
reasonably prudent individual would be justified in believing that a
discriminatory act has been or is being committed.
30. Public accomodatio.n, shall mean any establishment which offers its services~
facilities, or goods~ to the gen.eral public~ which also includes public
transportation.
31. Public hearin_~ shall be a meeting held by the Commission to determine
whether or not an act of discrimination has occurred.
32. Real estate broker shall mean any person~ partnershipt association~ or
corporation who for. a fee or other valuable consideration sells, purchases~
exchanges~' or rents~ negotiates~ offers or attempts to negotiate the sale,
purchase, exchange or rental of the real property of another, or holds himself
out as engaged in the business of selling, purchasing, exchanging, or renting the
real property of another~ or collects rental for .the use of real property of
another.
33. Real estate salesman or aRent shall be any person employed by a real estate
broker to perform or assist in [i~e performance of any or all of the functions of
a real estate broker. (The term "agent" shall not include the owner, publisher~
or operator of any newspaper, radio or television station with respect to any
announcement, advertisement or commercial purchased by any other person ~or
publication or broadcast in or by any such newspaper~ radio or television
station or with respect to any news story~ editorial or comment by a member
of the public published or broadcast in or by any such newspapert radio or
television station).
35.
36.
37.
Religion shall mean a practice including moral or ethical beliefs as to what is
}i§ht an~[ wrong which are sincerely held with the strength of traditional views.
_Respondent shall mean one or more persons against whom a complaint is filed
under this-Ordinance and who the Complainant alleges has committed or is
committing a discriminatory practice.
Sex shall be .used to describe the biological differences that exist between male
~ female individuals.
State agency_ shall mean every office, officer, board, commission, department,
~ivision, bureau, committee, fund, agency, .and without limitation by reason of
any enumeration herein, every, other instrumentality of the State of Indiana,
every hospital, every penal institution and every other institutional enterprise
and activity of the State of Indiana, wherever located; the universities
supported in whole or in part by state funds; and the 3udical Department of the
State of Indiana. "State Agency" does not mean cou. nties, county departments
of public welfare, cities, towns, townships, school c~ties, school towns, school
townships, school districts, or other municipal corporations, political
sub-divisions, or units of local governments.
SECTION II
Statement of Policy and Purpos~
It is the public policy of the City of 3effersonville to provide all of its citizens
an equal opportunity for education, employment, business, access ro public
convenience and accommodations and acquisition through purchase or rental of real
property including but not limited to housing.
The purpose of equal opportunity without regard to race, religion, color, sex,
handicap, age, national origin or ancestry through reasonable methods is the purpose
of this chapter. It is also its purpose to protect employers, labor organizations,
employment agencies, property owners, real estate brokers, lending institutions and
insurance companies from unfounded charges of discrimination.
To the end of eliminating discriminatory practices this article is enacted to
provide an instrumentality through which the City may officially encourage and
bring about mutual self respect and understanding of each other by all groups, and
help give effect to the guarantee of equal rights contained in the Constitution, the
laws and the public policies of the State and of the United States.
SECTION III
Discriminatory Practices
The following discriminatory practices are considered to be unlawful:
1. Discriminatory housing practices
a. For any person or agent to refuse to sell, lease, rent, assign or
otherw,se transfer or refuse to negotiate for the sale, lease, sublease,
rental or other transfer of the title, lease hold or other interest in any
housing unit to any individual or to represent that the housing unit is
not available for inspection, sale, lease, sublease, rental, assignment or
other transfer, when in fact, it is so available or otherwise deny or
withhold any housing unit from any individual because of race, color,
sex, handicap, age, national origin or religion.
b. For any person or agent to discriminate in the terms, conditions or
privileges of the sale, rental, or lease of any housing unit or in the
furnishing of any facilities or services to any individual for any housing
unit on account of race, color, sex, handicap, age, national origin,
ancestry or religion.
c. For any person or agent to publish or circulate or cause to be published
or circulated any notice, statement or advertisement or to announce a
policy or to use any form or application for the purchase, lease, rental,
financing or insuring of housing in connection with the prospective
purchase, lease, rental, financing or insuring of housing in connection
with the prospective purchase, rental, or lease of housing which
expresses directly or indirectly any limitation or specifications as to
race, color, sex, handicap, age, national origin, ancestry or religion or
any intent to make any such limitations, specifications or
discriminatioia.
d. For any lending institution, including government agencies, to
discrzminate in lending money, guaranteeing loans, accepting morta§es
or otherwise making available funds for the purchase, acquisition,
construction, rehabilitation, repair or maintenance of any housing unit
because of religion, race, color, sex, age, handicap, national origin or
ancestry of any prospective buyer or seller.
e. For any person individually or in combination, to aid, incite, compel,
coerce, participate in or contract for the joining of any act declared to
be an unlawful housing practice under this section or to directly or
indirectly commit any act declared by this section to be a
discriminatory housing practice.
Sex Discrimination
A written or unwritten act, policy, practice, or system which excludes
an individual from equal opportunities on the basis of sex or because of sex
in any terms or conditions of employment, education, public
accommodations, credit or housing, shall be considered a discriminatory
practice.
The term "sex" as it applies To segregation or separation in this
chapter applies to all types of employment, education, public
accommodations and housing; provided, however, that (1) it shall not be a
discriminatory practice to maintain separate rest rooms; and that (2) it
shall not be an unlawful employment practice for an employer to hire and
employ employees, for an employment agency to cl. assify or refer for
employment an individual, for labor organizations to classify its
membership or to classiiy or refer for employment any individual or for an
employer, labor organization, or ioint labor management committee
controlling apprenticeship or other training or retraining programs to admit
or employ another individual in any such program on the basis of sex ,n
those instances where sex ,s a bona fide occupational qualification
reasonably necessary to the normal operations of that particular business or
enterprise; and that (3) it shall not be a discriminatory practice for a
private or religious educational institution to continue to maintain and
enforce a policy of admitting students of one sex only; and that (#) it shall
not be a discriminatory practice for an owner of a single family dwelling
who resides therein but rents or leases rooms in that same dwelling to
lease to individuals of one sex only.
Sexual Harassment
Harassment on the basis of sex shall be considered an unlawful
employment practice. Unwelcome sexual advances, request for sexual
favors, and other verbal or physical conduct of a sexual nature constitute
sexual harassment when (a) submission to such conduct is made either
explicity or implicity a term or condition of an individual's employment, {b)
submission to or reiecstion of such conduct by an individual is used as the
sis for emoloyment decisions affecting such individual, or (c) such
bc~nduct has t~he purpose or effect of unreasonably interfering with an
individual's work performance or ~reating an ,ntimidating, hostile or
offensive working environment. In determining whether alleged conduct
constitutes sexual harassment, the Commission will look at the record as a
whole and at the totality of the circumstances such as the nature of the
sexual advances and the context in which the alleged incidents occurred.
The determinatioo of the legality of a particular action will be made from
the facts on a case be case basis.
Pre§nancy Discrimination
A written or unwritten employment policy or practice which excludes
for employment opportunities applicants or employees because of
pregnancy) childbirth or related medical conditions is in violation of this
chapter.
Disabilities caused or contributed to by pregnancy, childbirth or related
medical conditions, for all job-related purposes, shall be treated the
same as disabilities caused or contributed to by other medical
conditions, under any health or disability insurance or sick leave plan
available in connection with employment. Written or unwritten
employment policies and practices involving matter such as the
commencement and duration of leave, the availability of extensions, the
accrual of seniority and other benefits and privileges, reinstatement,
and payment under any health or disability insurance or sick leave plan,
formal or informal, shall be applied to disability due to pregnancy,
childbirth or related medical conditions on the same terms and
conditions as they are applied to other disabilities. Health insurance
benefits for abortion, except where the life of the mother would be
endangered if the fetus were carried to term or where medical
complications have arisen from an abortion, are not required to be paid
by an employer; nothing herein, however, precludes an employer from
providing abortion benefits or otherwise affects the bargaining
agreements in regard to abortion.
Ce
Where the termination of an employee who is temporarily disabled is
caused by an employment policy under which insufficient or no leave is
available, such termination violates this chapter if it has a desparate
impact on employees of one sex and is not iustified by business
necessity.
5. Wage Discrimination
Pursuant to the Equal Pay Act in 1963, no employer having employees
subject to the Fair Labor Standards Act shall discriminate within any
establishment in which such employees are employed, ~etween employees on
the basis of sex by paying wages to employees in such establishment, a
rate less than the rate at which he pays wages to employees of the
opposite sex m such establishment for equal work on jobs of the
performance of which are performed under similar working conditions,
except where such payment is made pursuant to (i) a seniority system; (2) a
merit system; (3) a system which measures earnings by quantity or quality
of production; or (¢) a differential based on any other factor other than
sex; provided, that an employer who is paying a wage rate differential in
violation of the above shall not, in order to comply with this provision,
reduce the wage rate of any other employee.
6. Certification of Handicapped
The prohibition against discrtmination in employment, because of
handicap, does not apply to faildre of an employer to employ or retain
as an employee any individual who because of a handicap is physically
or otherwise unable to efficiently and safely perform, at the standards
set by the employer, the duties required in that iob.
After a handicapped individual is employed, the employer shall not be
required under this chapter to promote or transfer such handicapped
individual to another job or occupation~ unless, prior to such transfer,
such handicapped individual, by training or experience~ is qualified for
such job or occupation.
This section shall bot be construed to require any employer to modify
any physical accommodations or administrations procedures to
accommodate a handicapped individual.
To be classified as "handicapped" under this chapter an individual shall
be certified as such pursuant to the procedures, rules, and regulations
not inconsistent with the provisions of this chapter as shall be issued by
the Indiana Rehabilitation Services Board. The certificate shall consist
of a statement signed by the Indiana Rehabilitation Services Board
describing the nature of the disability, specific disability-related
limitations and stating whether the disability is temporary, permanent
or indeterminable duration.
No complaint or charge of discrimination under this section shall be
considered valid and acceptable to the Commission unless it it
submitted by or in behalf of an individual who has been properly
certified as a handicapped individual as herein defined.
Age
a.
Discrimination
A written or unwritten act, policy, practice or system which excludes
an individual from equal opportunities on the basis of age or because of
age in any terms or conditions of employment, education, public
accommodations, credit or housing, shall be considered a discriminatory
practice.
b. Dismissal from employment of, or refusal to employ or rehire any
person because of his age, if such person has attained the age of forty
(#0) years and has not attained the age of seventy (70) years violates
this chapter.
c. Denial of full and equal membership rights to an applicant for
membership in a labor organization or failure or refusal to classify
properly or refer for employment any member solely because of the age
of the applicant or member if such person has attained the age of forty
(40) years and has not attained the age of seventy (70) years is declared
to be unfair employment practice.
d. Any provision in any agreement, contract or understanding which
prevents or tends to prevent the employment of any person in the City
of Jeffersonville solely because of his age who has attained the age of
forty (40) years and has not attained the age of seventy (70) years is
null and void.
e. True and accurate records of the ages of all persons employed by an
employer may be maintained.' Such records shall be open to the
Commission at all times.
f. These provisions shall not apply to a person employed in private
domestic service or service as a farm laborer nor to a person who is
qualified for. benefits under the terms or conditions of an employer
retirement or pension plan or system.
ORDINANCE NO. 87-0R~17
AN ORDINANCE AMENDING ORDINANCE NO.
85-OR-57
WHEREAS, the Jeffersonville Human Relations Commission has
recommended certain amendments to Ordinance No. 85-0R-57 be made by
the Common Council; and
WHEREAS, the Common Council believes that such changes are
appropriatel
NOW, THEREFORE, BE IT ORDAINED that SECTION V, Paragraph 1,
of Ordinance No. 85-OR-57 be amended to read as follows:
There is hereby established in the Office of the Mayor a
Commission on Human Relations which shall consist of seven (7) members
serving without compensation, and broadly representative of the racial,
ethnic, political, religious, economic, educational, sex, handicap
and age groups within the City of Jeffersonville. Nominees for member-
ship on' the Commission may include citizens of Jeffersonville, of
Jeffersonville Township and of Clark County. Priority in selection
and approval of a member to the Commission by the Mayor and City
Council from a list of nominees shall be in the order as follows:
Citizens of Jeffersonville shall have first priority, citizens of
Jeffersonville Township shall have second priority and citizens of
Clark County shall have third priority. Once appointed to the Com-
mission, a member shall serve the full three years unless removed
for cause by the.Mayor. A member cannot be replaced solely for
reason of availability of a potential member of higher rank priority.
This Ordinance shall be in full force following its signing
and publication as required by law.
Passed this 6th day of April, 1987.
MAYOR DALE L. OREM
ATTEST:
C. R~CHARD SPENCEr, JR. ~/
CLERK AND TREASURSR
Presented by me as Clerk and Treasurer to the Mayor of said
City of Jeffersonville this
6th day of April, 1987.
C. RICHARD SPENCER JR.
CLERK AND TREASURER
Approved and signed by me this 6th day of April, 1987.
M~YOR DA~ ~. ORE~~ ~
g. Nothing herein shall be deemed to limit, restrict or affect the freedom
of any employer in regard to (a) fixing the compulsory retirement
requirements for any class of employees at an age or ages less than
seventy (70) years; (b) fixing eligibility requirements for participation in
or enjoyment by employees of benefits under any annuity plan or
pension or retirement plan on the basis that any employee may be
excluded from eligibility who at the time he would omerwise become
eligible for such benefits, it actually older than the age fixed in the
eligibility requirements; and (c) keeping age records for any such
purposes.
This section on age discrimination shall not force the City of 3effersonville
to violate any State or Federal laws concerning age requirements. Thus,
the City shall be bound by the provisions as stated in the State Code for
employment in the City Police and Fire Departments.
SECTION IV
City Contracts
Every contract to which the City or any of its political or civil subdivisions is
a party~ including franchises granted to the public utilities, shall contain a provision
requiring the contractor and his subcontractors not to discriminate against any
employee or applicant for employment who is to be employed in the performance of
such contract with respect to his hire, tenure, terms, condi2tions or privileges of
employment or any matter directly or indirectly related to employment because of
his race, religion~ color, sex, handicap~ age, national origin or ancestry. Breach of
this covenant may be considered a material breach of the contract.
SECTION V
Establishment of Commission on Human Relations; Membership; Meetings; Finances
There is hereby established in the Office of the Mayor a Commission on Human
Relations which shall consist of seven (7) members serving without compensation,
and broadly representative of the racial, ethnic, political, religious, economic,
educational, sex, handicap and age groups within the City of 3effersonville. All
members shall live within the City of Jeffersonville.
Names of nominees for membership shall be submitted by the Mayor, Council
members or Commission members to the Commission for consideration. The
Commission shall consider all nominees and select the one individual of their choice
by a majority vote. This name shall be forwarded to the Mayor for approval and
then to the City Council for their approval. Once approved by the City Council,
the new member shall be sworn in by the City Judge and assume member position
on the date designated by the Mayor.
Of the five (5) members first appointed', three (3) shall be appointed for a one
(1) year term, one (1) shall be appointed for a two (2) year Term and one (1) shall
be appointed for a three (3) year term. The last two (2) shall be appointed to serve
for the remaining time of a two (2) year (1 member) or three (3) year term (1
member). Thereafter, each appointment shall be for a term of three (3) years. All
appointments shall commence on May 1.
(5)
Commission members shall be eligible for appointment to no more than Three
(3) consecutive terms. If a member resigns or dies, the Mayor with the advice and
consent of the Common Council and the Commission shall appoint an individual to
serve for the unexpired portion of the term for which such member had been
appointed. Commission members may be removed by the Mayor for cause. Cause
shall include but not be limited to failure to attend three (3) consecutive regularly
scheduled meetings.
The Commzssion shall hold one regular meeting each month and such special
meetings as deemed necessary by its chairperson. Regular monthly meetings shall
be open to the public. The majority of the members of the Commission shall
constitute a quorum for the transaction of the business of the Commission.
The Commission shall elect a chairperson, vice chairperson and a secretary
from among its membership once each year at the regularly scheduled March
meeting. These officers shall assume office on May 1.
SECTION VI
Employment of Executive Director or other personnel
The Mayor with the approval of the Commission is authorized to appoint an
Executive Director or such other personnel as may be deemed necessary to assist
the Commission in implementing and administrating the provisions of this
Ordinance. As enforcement is not a power of this Commi..ssion, the Executive
Director or other personnel also do not have such enforcement power directly from
the Commission. Compensation to appointees shall be fixed by the Mayor. The
Director shall serve the interests of the citizens of 3effersonville as stated in the
Policy of this Ordinance and shall report to the Mayor.
SECTION VII
General Expense of the Commission
The expense attributed to the activities of the Commission shall be budgeted
for and paid out of funds provided by the City Council. The proposed budget for a
given year will be prepared for submission to the City Council by 3une 30 of the
preceeding year.
SECTION VIII
Authority to accept contributions
The Commission is authorized to accept gifts, bequests, grants or other
payments, public or private, to be used at the discretion of the Commission in
carrying outs its policy.
(6)
SECTION IX
Special Reports and Annual Repor.t.
The Commission shall submit special, requested written reports of its activities
and of recommendations pertaining to investigations of complaints to the Mayor and
City Council as requested and also shall submit an annual report on the last day of
April to the Mayor and City Council.
SECTION X
Relations with the City Departments and Agencies
The service of all other City Departments and Agencies may be made available
by their respective heads to the Commission at its request and information in the
possession of any department or agency shall be furnished to the Commission when
it is requested. The Commission may make recommendations to such departments
and agencies for the effectuating of the purpose of this article.
SECTION XI
General Powers and Duties of the Commission
The Commission on Human Relations shall act in an advisory capacity to, and
otherwise cooperate with, the Indiana Civil Rights Commission and Federal, State
or Local agencies, and with private organizations, individuals, and neighborhood
associations in order to effectuate the purpose of this Ordinance, and to further
comply with Federal, State and Local laws (and Ordinances) prohibiting
discriminatory practices.
SECTION XII
Other General Powers of the Commission
Relating to any matter under investigation or in question before the
Commission~ the Commission has the power to:
a. Receive, investigate, hear and conciliate complaints from any citizen of
3effersonville.
b. Inquire into and initiate its own investigation of discriminatory practices
including discrimination by any City official or City agency.
c. Subpoena and complel the attendance of witnesses or the production of
pertinent documents and records 'within Clark County.
d. Administer oaths and examine witnesses.
e. Appoint hearing examiners or panels.
(7)
Make findin§ and recommendations to the Mayor which may include but
are not limited To the following:
i. A recommendation that the complaint be filed with the Indiana
Civil Ri§hts Commission by the complainant. This shall be the
procedure after initial review of the submitted complain( and prior
to any investi§ation procedure by the Commission.
d. Recommend cease and desist order or orders requlrin§ remedial
actions.
iiI. Recommend that payment of actual damages, by respondent, be
considered except that damages to be paid as a result
discriminatory practices relating to employment shall be limited ro
lost wages, salaries, commission or fringe benefits.
iv. Recommend that the institution of actions for appropriate legal or
equitable relief in a court of competent jurisdiction be initiated by
the offended party.
v. Recommend censure of the offending party by the City Council.
w. Recommend to the Mayor and the City Council legislation To aid in
carrying out the purposes of this Ordinance.
§. Adopt Rules and Regulations concerning Practice and Proceoure before
the Commission which are consistent with the pr..oYzs~ons and intent
this Ordinance and which shall be approved by the City Council.
h. Create advisory committees and subcommittees as necessary to aid in
effectuatin§ the purposes of this Ordinance.
i. Prevent any person from dischar§ing, expelling or otherwise
discriminating a§ainst any other person because he has filed a complaint
or testified in any investigative or hearing procedure before this
Commission or has in any way assisted the Commission in any matter.
j. Conduct educational and other programs and activities for the purpose
of increasing good will among community innabitants and
effectuating the public policy of the City and of the State of Indiana as
provided in IC 22-9-i-2 and 22-9-2-2 (Age Discrimination).
SECTION XlII
Investigations of Discrimtnation
Complaint Procedure:
a. A complaint charging that any person has committed a discriminatory
practice may be filed with the Cbmmission at its office by:
i. Any person claiming to be aggrieved by a discriminatory practice.
ii. By a member of the Commission who believes that a discriminatory
practice has occurred.
b. The complaint shall be accepted by the Commission if:
de
It is received within lgO days of the alleged discriminatory
practice.
ii. It shall be verified.
iii. It shall state the tull names and addresses of the complainant and
ot the person aggrieved by the alleged discriminatory practice; and
iv. It shall state the name and address of the Respondent; and
v. It shall state the alleged discriminatory practice.
vi.
It shall state the acts or omission of the Respondent alleged to
constitute such discriminatory practice~ and
vii. It shall state the date of the alleged discriminatory practice.
viii.
It shall include a statement listing all other known actions, civil or
criminal, instituted before any other administration agency,
commission, department or court, whether state or federal, based
upon the same grievance alleged in the complaint, with a
statement as to the known status or disposition of any such other
action.
The complaint may be amended or withdrawn by the Complainant au any
time prior to the notice of hearing. Withdrawal"of a complaint after
notice of hearing shall require the written consent of a majority of the
Commissioners; amendment ota complaint after notice of hearing shall
require the approval ot the Hearing Officer. The respondent must be
informed of amendment or withdrawal and be allowed six (6) days to
answer amendments.
The Commission may after preliminary review of the complaint and
prior to the scheduling of any such complaint or hearings as provided
herein refer any complaint to the Indiana Civil Rights Commission for
proceedings in accordance with the Indiana Civil Rights Act. In
complaints involving discriminatory practice in employment, it is
advised that the complaint also be tiled with the Equal Employment
Opportunity Commission.
The Chairperson of the Commission shall cause a copy of the complaint
to be mailed by certified or registered mail to the Respondent and
Complainant at his last know residential address or his last known place
of employment within ten (10) days from the date ot filing ot the
complaint. Respondent may tile a written response to the complaint at
any time prior to the commencement of the hearing.
All action taken, and information relative ~:o a specific complaint
obtained by the Commission from the time ot the tiling of a complaint
until the issuance of notice ot hearing or until application tot a citation
ot contempt, shall be confidential, and shall not be made public.
Nothing said or done during endeavors at conciliation shall be used as
evidence in any subsequent proceedings. Nothing stated in any
conciliation or affirmative action agreement shall be interpreted as an
admission by'any provision of this Chapter.
2. Investigative Procedure
Within thirty (30) days after receipt of a complaint with the
Commission, the chairperson shall initiate or refer an investigation of
the alleged discrimination practice charged in said complaint. The
investigation shall be made the by the members of the commission and
may include but shall not be limited to informal conferences or
discuss;ons with any party allegedly involved in or familiar with the
alleged discriminatory practice or practices. The investigation report
shall be written. A copy of the investigation report shall be sent to the
Complainant and if the Commission determines:
That the complainant should not be heard, the Chairman shall issue
and cause to be served upon the Complainant and Respondent by
certified or registered mail notice of the Commission's finding and
declaration that it is the intention of said Commission to have the
Complaint dismissed. The Complainant shall have ten (10) days
after the mailing of said notice to notify the Commission of his
request to have the decismn of the Commission reviewed. Upon
receipt of the review request, the Chairman shall, within ten (10)
days~ appoint a Reviewing Commissioner who shall review the
Complainant's request and shall within thirty (30) days determine
whether the complaint should be heard by the Commission.
ii.
iii.
If the Reviewing Commissioner does determine that the Complaint
should be heard, the Chairman shall proceed as in Section D.
If the Reviewing Commissioner determine~' that the complaint
should not be heard, the Chairman shall issue and cause to be
served upon the Complainant and Respondent by certified or
registered mail~ at the address of the Complainant and Respondent
set forth in the complaint, notice of the Reviewing Commissioner's
findings and a declaration that the complaint is dismissed.
3. Conciliation Procedure
After the Reviewing Commissioner has determined that the Complaint
should be heard then the Chairman shall instruct his staff to endeavor
to eliminate the alleged discriminatory practice or practices by
conference, conciliation and pursuasion. Any consent agreement
resulting from such conference, conciliation or pursuasion shall be
written. In the event an agreement is entered into, all further
proceedings relative to said alleged discriminatory practice as to any
Respondent who entered into such agreement shall immediately
terminate and be dismissed.
The terms of any agreement shall be made a part of the records of the
Commission. However, if parties to the agreement request that the
agreement be confidential, the agreement shall be confidential.
Hearings, Findings and Decisions
In the event that the Reviewing Commissioner finds that a complaint
should be heard, an adversary public hearing of the issues raised in the
complaint shall be held. For purposes of a hearing under this Section,
not less than five (5) Commissioners shall be required at every such
hearing. The Chairman or Vice-Chairman from the Commission shall
preside over the hearing.
ee
The Chairman shall cause to be served upon the Respondent and the
Complainant, by certified or registered mail, written notice of the
time, date and place of the hearing.
The parties may appear at the hearing ,n person or by counsel.
Testimony at the heaving shall be made under oath and recorded. The
hearing shall be conducted in a manner fairly calculated to provide a
full hearing of the evidence and to allow the Commission to reach a
decision.
The burden of proof shall be on Complainant to prove his case by a
preponderance of the evidence.
The complainant and the Responoent shall be parties to the proceedings
held pursuant to this Section. Any person who is indispensable to a
complete determination or settlement of matters raised in the
complaint may be joined as a party upon motion of any party.
The parties shall be permittee to call such witnesses and to offer such
evidence and exhibits as are relevent and material to the issues raised
in the complaint.
Parties desiring a transcript of the hearing shall be furnished such copy
at their own expense.
Findings of the Commission upon hearing conducted pursuant to this
Section shall be by a maiority vote of the Comrai. ss~oners before whom
the hearing is conducted.
If, from a preponderance of the evidence, the Commission finds that
the Respondent has not violated the promsmns of this Ordinance it shall
state its findings and serve written copy thereof upon the parties and
dismiss the complaint.
If, from a preponderance of the evidence, the Commission finds that
the Respondent violated the provisions of this Ordinance, it shall issue
its findings and recommendations in writing and cause a copy to be
served on the parties by certified or registered mail.
Recommendations of the Commission entered pursuant to this Section
may include any or all provisions enumerated in Other Genera] Powers
of the Commission, Section XII, I (f).
Provisions against Preferential Treatment
Nothing in this Chapter shall be interpreted to require any person to grant
preferential treatment to any individual or any group because of the race,
color, religion, handicap~ sex, age, national origin or ancestry of such
individual or group on account of an inbalance which may exist with
respect to the total number or percentages of persons of any race, color,
religion, handicap, age~ sex, national or~gin or ancestry employed by any
employer, referred or classified for ~mployment by any employment agency
or labor organization, admitted to membership or classified by any labor
organization, or admitted to, or employed in, any apprenticeship or other
traimng program, in comparison with the total number or percentages of
persons of such race, color, religion, handicap~ sex, age, national origin or
ancestry in the City of 3effersonville or in any contiguous area, or in the
available work force.
(11)
SEVERABILITY CLAUSE
If any section,
subsection,
paragraph, sentence,
tutionality shall not affect
of the remaining portions of
declared that this Ordinance
paragraph,
regardless
paragraphs, sentences,
or unconstitutional.
Dul. y
clause or phrase of this ordinance is for any reason held to
be invalid or unconstitutional, such invalidity or unconsti-
the validity or constitutionality
this ordinance. It is being expressly
and each section, subsection,
sentence, clause and phrase would have been adopted
of the fact that any one or more sections, subsections,
clauses or phrases be declared invalid
adopted by the Common Council this
, 1985.
day
MAYOR DALE L. OREM
ATTEST:
CLERK TREASURERU
Presented by me as
said
Clerk-Treasurer to the Mayor
City of jeffersonville this ~ day of ~.
of
1985.
Approved and
1985.
MAYOR DAI~E L. OREM
THE
ALLEN L. MORRIS
City Attorney
MAYOR DALE L. OREM
ONVILLE
Room 407
City-County Building
Jeffersonville. Indiana 47130
(812) 288-5575
TO: ALL CITY PERSONNEL
FROM: ALLEN L. MORRIS, CITY ATTORNEY
DATE: NOVEMBER 15, 1985
SUBJECT: SEX DISCRIMINATION AND SEXUAL HARASSMENT
Pursuant to Ordinance Number 85-OR-57, all personnel are hereby
notified that the City of Jeffersonville does not discriminate on
the basis of sex and that no sexual harassment will be tolerated.
Any individual who has any questions concerning this Ordinance or
its effects should contact their department head, George Trembly,
the City Attorney or the Human Relations Commission.
Sexual Discrimination and Sexual Harassment are defined in the
Ordinance as follows:
"2 .
Sex Discrimination
A written or unwritten act, policy, practice, or system
which excludes an individual from equal opportunities on the
basis of sex or because of sex in any terms or conditions of
employment, education, public accommodations, credit or hous-
ing, shall be considered a discriminatory practice.
The term 'sex' as it applies to segration or separation in
this chapter applies to all types of employment, education,
public accommodations and housing; provided, however, that
(1) it shall not be a discriminatory practice to maintain
separate restrooms; and that (2) it shall not be an unlawful
employment practice for an employer to hire and employ employ-
ees, for an employment agency to classify or refer for
employment an individual, for labor organizations to classify
its membership or to classify or refer for employment any
individual or for an employer, labor organization, or joint
labor management committee controlling apprenticeship or other
training or' retraining programs to admit or employ another
individual in any such program on the basis of sex in those
instances where sex is a bona fide occupational qualification
ENTERING A NEW ERA OF COMMUNITY GROWTH AND UNITY
Ail City
Ncvember
Page Two
Personnel
~= 1985
reasonably necessary to 5he normal operations of that
parnicular buszness or enterprise; and that (3) it shall no~
be a discriminatory practice for a private or religious
education institution no continue to maintain and enforce a
policy of admitting students of one sex only; and that (4)
it shall non be a discriminatory practice for an owner of a
single family dwelling who resides therezn but rentS or
leases rooms mn that same dwelling to lease to individuals
of cne sex only."
Sexual Harassmenn
Harassment on the basis of sex shall be considered an unlawful
employment practice. Unwelcome sexual advances, request for
sexual favors and o~her verbal or physical conduct of a
sexual nature constitute sexual harassment when (a) submission
to such conduct is made either explicitly or implicitly a
term or condition of an individual's employment, (b) submission
to or rejection of such conduct by an individual is used as
the basis for employment decisions affecting such individual,
or (c) such conduct has the pu[pose or effect of unreasonably
interfering with an individual s work performance or creating
an intimidating, hostile or offensive working environment.
In determining whether alleged conduct constitutes sexual
harassment, the Commission will look at the record as a
whole and at the totality of the circumstances such as the
nature of the sexual advances and the context in which the
alleged incidents occurred. The determination of the legality
of a particular action will be made from the facts on a case
by case basis."
City Attorney
/cc
cc:
Mayor Dale L. Orem
George Trembly
Dr. Agnes Jimenez