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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