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Ordinance No. G46-92
AN ORDINANCE
AMENDING CHAPTER 3. 12 ENTITLED "COMMISSION ON HUMAN RELATIONS"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1. That Chapter 3 . 12 entitled "Commission on Human
Relations" of the Elgin Municipal Code, 1976, as amended, be and
is hereby amended to read as follows :
3. 12.010 Created.
A commission on human relations is created.
3. 12.020 Declaration of policy.
A. The city council, in support of constitutional
provisions against prejudice and the practice of
discrimination against any individual or group because
of race, color, religion, creed, sex, national origin,
age, ancestry, familial status or handicap, desires to
establish a commission on human relations . To
eliminate such prejudice and discrimination, an
instrumentality should be established through which
the citizens of Elgin may be kept informed of
developments in human relations, the citizens and
public officials of the city may obtain expert advice
and assistance in progressive practices to keep peace
and good order, and private persons and groups may be
officially encouraged to promote tolerance, goodwill,
interfaith and interracial harmony between all people.
B. It is declared to be the public policy of the city to
assure full and equal opportunity to all residents of
the city to obtain fair and adequate housing for
themselves and their families in the city without
discrimination against them because of their race,
color, religion, creed, sex, national origin, age,
ancestry, familial status or handicap, and to secure
to its residents the economic, social, and
professional benefits of living in an integrated
society.
3. 12.030 Appointment of members-composition-term-salary.
A. The human relations commission shall consist of up to
elk eight members appointed by the mayor with the advice
and consent of the city council . Commission members
shall be as broadly representative of the community as
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practically feasible, in such areas as race, color,
religion, creed, sex, national origin, age, ancestry,
familial status, handicap, education, welfare, labor,
and management. There shall be two ex officio members
of the human relations commission who shall be the
city manager and the chief of police of the city.
B. Each member as appointed shall serve for a term of
three (3) years; except that the terms of initial
appointees under this section shall be staggered in
such a manner so that the terms of four members shall
expire on the first Tuesday of May on each of three
successive years . All members of the commission shall
continue in such capacity until their successor has
been duly appointed and is acting. Any member
appointed to fill a vacancy prior to the expiration of
the term for which his predecessor was appointed shall
serve for the remainder of such term. All members of
this commission shall serve without compensation.
3. 12.040 Chairperson-rules-quorum-voting-staff.
A. The commission shall elect a chairperson from the
commission members for a term of one year but not more
than two consecutive years, the election being held in
May. The commission shall adopt rules and regulations
governing its proceedings and the exercise of the
powers and duties given to it in this chapter provided
such rules and regulations shall not be in conflict
with any provisions of this title and upon approval by
the city council . Two thirds (2/3) of the members
shall constitute a quorum. Official action may be
taken by the commission only pursuant to the vote of a
majority of the quorum.
B. The city' s human resources department shall provide
the commission with a staff representative to provide
professional guidance to the commission. The assigned
staff person shall provide the human relations
commission with a monthly report on housing,
employment and contract compliance. The duties of the
human resources department staff representative
assigned to the commission shall be:
1 . Monitor public contractor compliance with the
equal opportunity clause of the Illinois Fair
Employment Practices Act and Section 3 . 12 . 100 of
this chapter.
2 . Receive, investigate, and conciliate
discrimination complaints within the city as
° authorized by the commission.
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3 . Develop and coordinate community sponsored
programs to improve human relations within the
city.
4 . Develop human relations training for city staff.
5 . Administer any fair housing program for which the
city receives funds from the Department of
Housing and Urban Development.
6 . Perform other such duties as directed by the
human resources director and the human relations
commission.
3. 12.050 Powers and duties.
A. The commission shall advise and consult with the
mayor, city council, city manager, human resources
director, and other city boards, commissions and
officials, on all matters involving prejudices or
discrimination and recommend such corrective or
legislative action as it may deem appropriate to
effectuate the policy of this chapter. The commission
shall render an annual written report to the mayor,
city council and city manager.
B. The commission may invite and enlist the cooperation
of racial, religious and ethnic groups, community
organizations, fraternal and benevolent societies,
veterans ' organizations, professional and technical
organizations and other groups in the city in carrying
on its work.
C. The commission shall cooperate with state and federal
agencies and may, with the approval of city council,
enter into cooperative agreements with state and
federal agencies whenever it deems such actions
appropriate in effectuating the policies of this
chapter.
D. The commission shall receive and investigate
complaints of tensions, practices of discrimination,
and acts of prejudice against any person or group
because of race, color, religion, creed, sex, national
origin, age, ancestry, familial status, or handicap,
and shall seek to resolve such matters through
consultation, advice, and conciliation. The commission
may make such recommendations to the mayor, city
council and city manager as in its judgement will
effectuate the policy of this chapter and, subject to
the approval of the city council, may issue such
publications and such special reports concerning its
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work and investigations as it may consider desirable
in the public interest.
E. The commission may initiate or conduct any educational
or informational programs which it believes will
further the purposes for which it was established;
provided that in the event such programs shall have a
financial impact on the city, council approval shall
be obtained.
F. The human relations commission and the deputy human
resources director shall monitor the implementation of
the city' s affirmative action program.
G. In conducting any investigation or holding any hearing
as provided herein, the human relations commission,
upon the request of the chairperson of the human
relations commission or any member thereof, or upon
the request of the complainant or respondent in such
an investigation or hearing either personally or
through his attorney, in the discretion of the
commission, may compel the attendance of any person
believed to have knowledge of the facts relevant to
such investigation or having custody or control of
ew such books, papers, records of other evidence,
directing him to appear or produce them for
examination before such person or persons conducting
such investigation or hearing. Subpoenas shall be
delivered as provided in the rules and regulations of
the human relations commission, amended 1992 .
1 . In case of failure or refusal to obey a subpoena
issued to any person, the commission may request
the corporation counsel to petition the circuit
court for the county of Kane requesting said
court to issue an order requiring such person to
appear before the commission, and to produce
evidence, as so desired, or to give testimony
concerning the matter under investigation or in
question.
2 . Before petitioning the court for such orders, the
commission shall first serve notice upon such
person, not less than five days prior thereto,
stating the time and place where the petition is
to be presented. Failure to obey any order
issued by the court shall be punishable by the
court as provided by law.
H. In making such investigation or in holding such
hearing, the commission may administer oaths, take the
testimony of any person under oath, make findings o4
the facts and orders, and do all other things lawfully
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necessary or incidental to the carrying out of the
intent and purpose of the ordinance or law upon which
such investigation is being conducted or such hearing
held.
3. 12.060 Definitions.
A. "Employer" includes and means any person employing
five or more persons within the city during twenty or
more calendar weeks within any calendar year; except
that the term "employer" does not include any
not-for-profit corporation or association organized
for fraternal or religious purposes, nor any school,
educational or charitable institution owned and
conducted by or affiliated with church or religious
institution, nor any exclusively social club,
corporation or association that is not organized for
profit. "Employer" also does not include an
individual who employs persons in "agricultural labor"
as that term is defined in Chapter 48, Section 324 of
the Illinois Revised Statutes, as now or hereafter
amended. The term "employer" expressly includes the
City of Elgin and any unit or agency thereof.
B. "Labor organization" includes any organization, or
labor union, craft union, or any other voluntary
unincorporated association designed to further the
cause of the rights of union labor which is
constituted for the purposes, in whole or in part, for
collective bargaining or of dealing with employers
concerning grievances, terms, or conditions of
employment, or apprenticeships or applications for
apprenticeships, or of other mutual aid or protection
in connection with employment, including
apprenticeships or applications for apprenticeships .
C. "Employment agency" includes both public and private
employment agencies and any person, and any labor
organization or labor union having a hiring hall or
hiring office regularly undertaking with or without
compensation, to procure opportunities to work, or to
procure, recruit, refer, or place employees .
D. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, or union labor
associations, corporations, legal representatives,
mutual companies, joint-stock companies, trustees,
trustees in bankruptcy or receivership, receivers
fiduciaries .
E. "Age" means the chronological age of a person who is
at least forty years old.
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F. "Handicap" means, with respect to a person:
1 . A physical or mental impairment which
substantially limits one or more of such person's
major life activities;
2 . A record of having such an impairment; or
3 . Being regarded as having such an impairment, but
such term does not include current, illegal use
or addiction to a controlled substance as defined
in Section 102 of the Controlled Substances Act
(21 U.S.c. 802) .
G. "Religion" includes all aspects of religious
observances and practices, as well as belief.
H. "Familial status" means one or more individuals who
have not attained the age of eighteen years being
domiciled with:
1 . A parent or another person having legal custody
of such individual or individuals; or
r 2 . The designee of such parent or other person
having such custody, with the written permission
of such person or other person.
The protections afforded against discrimination on the
basis of familial status shall apply to any person who
is pregnant or is in the process of securing custody
of any individual who has not attained the age of
eighteen years .
I . "Staff representative" is the human resources
department staff liaison to the human relations
commission who is charged with the responsibility of
reviewing housing and employment complaints and
monitoring contract compliance.
J. "Dwelling" means any building, structure or portion
thereof which is occupied as, or designed or intended
for occupancy as, a residence by one or more families,
and any vacant land which is offered for sale or lease
for the construction or location thereon of any such
building, structure or portion thereof.
K. "To rent" includes to lease, to sublease, to let and
otherwise to grant for a consideration the right to
occupy premises not owned by the occupant.
L. "Covered multi-family dwelling" means :
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1 . Buildings consisting of four or more units if
such buildings have one or more elevators; and
2 . Ground floor units in other buildings consisting
of four or more units .
M. "Real estate broker, agent or salesman" means a
person, whether licensed or not, who, for or with
expectation of receiving a consideration, lists,
sells, purchases, exchanges, rents or leases real
property, or who negotiates or attempts to negotiate
any of those activities or who holds himself out as
engaged in these.
N. "Discriminate" means to make a difference in treatment
or favor any person because of race, color, religion,
creed, sex, national origin, age, ancestry, familial
status or handicap.
0. "Conciliation" means the attempted resolution of
issues raised by a complaint, or by the investigation
of such complaint, through informal negotiations
involving the aggrieved person, the respondent, and
the human relations commission or its designee/s .
P. "Conciliation agreement" means a written agreement
setting forth the resolution of the issues in
conciliation.
Q. "Designee(s) of the human relations
commission"includes the human resources department
staff representative designated in Section 3 . 12 . 040
paragraph B, or one or more human relations
commissioners appointed by the human relations
commission to perform a specified duty on behalf of
the commission, or a hearing officer.
R. "Aggrieved person" includes any person who:
1 . Claims to have been injured by a discriminatory
practice; or
2 . Believes that such person will be injured by a
discriminatory practice that is about to occur.
S. "Complainant" means the person, including the human
relations commission or its designee/s who files a
complaint under the provisions of this chapter.
T. "Respondent" means :
1 . The person or other entity accused on a complaint
filed under this chapter; and
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2 . Any other person or entity identified in the
course of investigation and notified with respect
to respondents so identified under this chapter.
U. "Complaint" is a written document filed by a
complainant or the human relations commission, which
contains a claim or alleges that discrimination in
housing or employment has occurred or is about to
occur.
V. "Charge" is defined as a written statement of the
facts upon which the human relations commission,
designee or staff representative to the commission has
found reasonable cause to believe that a
discriminatory housing or employment practice has
occurred or is about to occur. The charge is filed by
the human relations commission or staff representative
to the commission on behalf or the aggrieved person.
W. "Hearing" is that part of an administrative proceeding
that involves the submission of evidence, either by
oral presentation or written submission, and includes
the submission of briefs and oral arguments on the
evidence and applicable law.
3. 12.070 Unfair employment practices.
It is an unfair employment practice:
A. For any employer, because of race, color, religion,
creed, sex, national origin, age, ancestry, place of
birth, or handicap of a person, to refuse to hire, to
segregate, or otherwise to discriminate against such
persons with respect to the hiring, selection, and
training for apprenticeship in any trade, or craft,
tenure, terms, or conditions of employment; or
B. For any employment agency to fail to refuse to
classify properly, accept applications and register
for employment, refer for apprenticeship, or to
otherwise discriminate against any person because of
his race, color, religion, creed, sex, national
origin, age, ancestry, place of birth, or handicap, to
accept from any person any job order, requisition or
request for referral of applicants for employment or
apprenticeship which makes, or has the effect of
making race, color, religion, creed, sex, national
origin, age, ancestry, place of birth, or handicap a
condition of referral except for a bona fide
occupational qualification; or
C. For any labor organization because of the race, color,
religion, creed, sex, national origin, age, ancestry,
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place of birth, or handicap, of any person to
discriminate against such person, or to limit,
segregate or classify its membership with respect to
such person, or to limit such person' s employment
opportunities, such person' s selection and training
for apprenticeship in any trade or craft, or otherwise
to take or fail to take any action which affects
adversely such person' s employment status, or status
as an applicant for apprenticeship, or such person' s
wages, tenure, hours of employment or apprenticeship' s
conditions; or
D. For any employer, employment agency, or labor
organization to discriminate against any person
because he or she, reasonably and in good faith, has
made a charge, testified or assisted in any
investigation, proceeding or hearing herein; or
E. For any employer, employment agency, or labor
organization to inquire on a written application
whether the job applicant has ever been arrested;
however, this subsection shall not be construed to
preclude any employer, employment agency, or labor
organization from inquiring on a written application
�. whether a job applicant has ever been convicted of any
offense other than a "petty offense" as that term is
defined in Chapter 38, Section 1005-1-17 of the
Illinois Revised Statutes, as now or hereafter
amended; or
F. For any person to compel or coerce any person to
engage in any of the acts declared in this chapter to
be unfair employment practices . Nothing in this
section shall preclude an employer from hiring or
selecting between persons for any reason except for
the unfair employment practices specifically
prohibited herein, or a bona fide occupational
qualification. Nor shall anything in this section
preclude any employer from giving or acting upon the
results of any professionally developed ability test,
provided that such test, its administration or action
upon the results, is not designed, intended, or used
to discriminate because of race, color, religion,
creed, sex, national origin, age, ancestry, place of
birth, or handicap.
3. 12.075 Complaint procedures-employment.
A. Any person allegedly aggrieved in any manner by a
violation of any provision of Section 3 . 12 . 070 except
employees of the City of Elgin shall file with the
staff representative as defined in Section 3 . 12 . 060, a
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written complaint. The complaint shall include a
short and plain statement including:
1 . The name and address of the complainant;
2 . The name and address of the person or persons
against whom the complaint is brought
(respondent) , if known to the complainant;
3 . The facts surrounding the alleged violation of
Section 3 . 12 . 070; and
4 . The names and addresses of all persons believed
to have knowledge of the facts concerning the
alleged violation.
B. Any charge in which the City of Elgin or any of its
boards or commissions is the named respondent shall be
filed by the complainant directly with the appropriate
state and/or federal agency.
C. The complaint shall be barred from consideration
unless it is filed with the staff representative
within one hundred and eighty days ( 180) after the
alleged violation occurred. Except when acting
pursuant to a cooperative agreement for dual filing of
complaints, no complaint shall be processed if a
similar complaint is filed before any state or federal
agency.
D. After the complaint is filed, the staff representative
shall, within five days, serve a copy of the complaint
personally or by certified mail on the person or
persons charged.
E . If the staff representative determines that the
allegations as stated in the complaint, if true, would
constitute a violation of Section 3 . 12 . 070, the staff
representative shall investigate the complaint. If,
in that investigation, it is determined that the
allegations appear to be supported by the facts found,
the investigator may set a date for a conference and
notify the parties of the time and place thereof. At
such conference the investigator shall interview the
complainant and the person or persons against whom the
complaint has been directed and shall attempt to
resolve the complaint by conciliation. If the
investigator is unable to conciliate the complaint
within fourteen days of the filing of the complaint,
he or she shall immediately notify the chairman of the
human relations commission.
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1 . The human relations commission shall meet within
ten ( 10) days to appoint one or more members to
serve with the staff representative to make
further investigations and to attempt to resolve
the complaint by further conciliation.
2 . The appointed members and the staff
representative shall report to the entire
commission within fourteen ( 14 ) days the results
of the investigation and attempts at
conciliation. The commission shall, after
considering the report, determine whether this
matter should proceed to a hearing or a dismissal
of the complaint. A hearing shall be ordered
upon a majority vote of the members acting upon a
motion of any member.
3 . Any hearing ordered by the commission shall be
conducted pursuant to Section 3 . 12 . 095 of this
chapter.
F. If the staff representative determines that the
complaint is without merit, he or she shall dismiss
the complaint. The staff representative shall within
five (5) days of such determination serve a copy of
the notice of dismissal, and reasons thereof,
personally or by certified mail, on all parties .
Included in the notice of dismissal, the complainant
shall receive notification of his/her right to appeal
in writing, within fourteen ( 14) days of receipt of
said notice, to the human relations commission. If
such appeal is made:
1 . The human relations commission shall meet to
review the complaint.
2 . The commission, by majority vote and acting upon
a motion of any member, may withdraw the
dismissal and refer the complaint to the
investigator for conciliation or proceed to a
hearing.
3 . Any hearing ordered by the commission shall be
conducted pursuant to Section 3 . 12 . 095 of this
Chapter.
3. 12.080 Unlawful housing practices.
A. It is unlawful to:
1 . Make any distinction, discrimination or
restriction against or to refuse to negotiate
with any person in the price, terms, conditions,
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or privileges of any kind relating to the sale,
rental, lease or occupancy of any real estate in
the city or in the furnishing of any facilities
or services in connection therewith because of
race, color, creed, religion, sex, national
origin, age, ancestry, familial status, or
handicap of the friends or associates of such
person(s) ;
2 . Make, print, publish, circulate, issue or
display, or cause to be made, printed, published,
circulated, issued or displayed, any
communication, notice, advertisement, statement,
sign or writing of any kind relating to the sale,
rental or leasing of any dwelling within the
city, which will indicate or express any
limitation, preference, or discrimination in the
sale, rental or leasing of such real estate,
based on the race, color, creed, religion, sex,
national origin, age, ancestry, familial status,
or handicap, or an intention to make such
limitation, preference, or discrimination;
3 . Refuse to sell, lease or rent after making of a
bona fide offer, or refuse to negotiate the sale,
lease or rental of any dwelling or otherwise make
unavailable or deny a dwelling within the city to
any person because of race, color, creed,
religion, sex, national origin, age, ancestry,
familial status, or handicap.
4 . Falsely represent to any person because of race,
color, creed, religion, sex, national origin,
age, ancestry, familial status or handicap that
any dwelling is not available for inspection,
sale or rental when such dwelling is in fact so
available;
5 . Discriminate or to participate in discrimination
in connection with borrowing or lending money,
guaranteeing loans, accepting mortgages or
otherwise obtaining or making available funds for
the purchase, acquisition, construction,
rehabilitation, repair or maintenance of any real
estate in the city or otherwise financing a real
estate transaction on the grounds of race, color,
creed, religion, sex, national origin, age,
ancestry, familial status, or handicap;
6 . Delay the processing or denying a loan or other
financial assistance to a person applying
therefore for the purpose of purchasing,
constructing, improving, repairing, or
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maintaining any real estate in the city, or to
discriminate in the fixing of that amount,
interest rate, duration, or other terms or
conditions of such loan or other financial
assistance because of race, color, creed,
religion, sex, national origin, age, ancestry,
familial status, or handicap;
7 . Solicit for sale or lease or listing for sale or
lease, any real estate within the city by
representations regarding the present or
prospective entry into any neighborhood of a
person(s) of a particular race, color, creed,
religion, sex, national origin, age, ancestry,
familial status, or handicap;
8 . Distribute or cause to be distributed written
material or statements designed to induce any
owner of real estate in the city to sell or lease
his property because of any present or
prospective change in the race, color, creed,
religion, sex, national origin, age, ancestry,
familial status, or handicap of persons in the
neighborhood;
elk 9 . Deny a person access to, or membership or
participation in any multiple listing services,
real estate brokers ' organizations, or other
services, organizations, or facility relating to
the business of selling or renting dwellings or
to discriminate against any person in the terms
or conditions of such access, membership or
participation because of race, color, creed,
religion, sex, national origin, age, ancestry,
familial status, or handicap;
10 . Enter into a listing agreement which
discriminates against any person because of race,
color, creed, religion, sex, national origin,
age, ancestry, familial status, or handicap;
11 . Discriminate in appraising the value of real
estate in the city or in the sale of insurance in
connection with a real estate transaction because
of race, color, creed, religion, sex, national
origin, age, ancestry, familial status, or
handicap;
12 . Coerce, intimidate, threaten, or interfere with
any person in the exercise or enjoyment of, or on
eft account of his having exercised or enjoyed, or on
account of his having aided or encouraged any
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other person in the exercise or enjoyment of any
right granted or protected by this section.
13 . a. Discriminate in the sale or rental, or to
otherwise make unavailable or deny, a
dwelling to any buyer or renter because of a
handicap of:
i) that buyer or renter;
ii) a person residing in or intending to
reside in that dwelling after it is
sold, rented, or made available; or
iii) any person associated with that buyer
or renter.
b. Discriminate against any person in the
terms, conditions, or privileges of sale or
rental of a dwelling, or in the provisions
of services or facilities in connection with
such dwelling, because of a handicap of;
i) that person;
ii) a person residing in or intending to
reside in that dwelling after it is
sold, rented, or made available; or
iii) any person associated with the buyer or
renter.
c. For purposes of this subsection,
discrimination includes :
i) a refusal to permit, at the expense of
the handicapped person, reasonable
modifications of existing premises
occupied or to be occupied by such
person if modifications may be
necessary to afford such person full
enjoyment of the premises, except that,
in the case of a rental, the landlord
may where it is reasonable to do so,
condition permission for a modification
of the renter agreeing to restore the
interior of the premises to the
condition that existed before the
modification, reasonable wear and tear
excepted;
ii) a refusal to make reasonable
accommodations in rules, policies,
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practices, or services, when such
accommodations may be necessary to
afford such person equal opportunity to
use and enjoy a dwelling;
iii) in connection with the design and
construction of covered multi-family
dwellings for first occupancy after
March 13, 1991, a failure to design and
construct those dwellings in such a
manner that:
a) the public use and common use
portions of such dwellings
are readily accessible to and
usable by handicapped persons;
b) all doors designed to allow
passage into and within all
premises within such
dwellings are sufficiently
wide to allow passage by
handicapped persons in
wheelchairs; and
c) all premises within such
dwellings contain the
following features of
adaptive design;
( 1) an accessible route into
and through the dwelling;
(2) light switches,
electrical outlets,
thermostats, and other
environmental controls
in accessible locations;
(3) reinforcements in
bathroom walls to allow
later installation of
grab bars;
(4) usable kitchens and
bathrooms such that an
individual in a
wheelchair can maneuver
about the space; and
eft. (5) compliance with the
appropriate requirements
of the American National
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Standards for buildings
and facilities providing
accessibility for
handicapped people
(commonly cited as ANSI
A117 . 1) suffices to
satisfy the requirements
of paragraph 3c.
14 . Refuse to sell or rent a dwelling because a
person has a guide, hearing, or support dog. It
is a civil rights violations for the owner or
agent of any housing accommodation to:
a. Refuse to sell or rent after the making of a
bona fide offer or to refuse to negotiate
for the sale or rental of, or otherwise make
unavailable or deny property to any blind,
hearing impaired or physically handicapped
person because he has a guide, hearing, or
support dog; or
b. Discriminate against any blind, hearing
impaired or physically handicapped person in
the terms, conditions or privileges of sale
or rental property or in the provisions of
services or facilities in connection
therewith, because he has a guide, hearing
or support dog; or
c. Require, because a blind, hearing impaired,
or physically handicapped person has a
guide, hearing or support dog, an extra
charge in a lease, rental agreement, or
contract for purchase or sale, other than
for actual damages done to the premises by
the dog.
15 . Nothing in this section shall be construed to
require the human relations commission to review
or approve plans, designs, or construction of all
covered multi-family dwellings, to determine
whether the design and construction of such
dwellings are consistent with requirements of
paragraph 12 (c) (3) .
B. No provision of this chapter requires that a dwelling
be made available to a person whose tenancy would
constitute a direct threat to the health or safety of
others or would result in substantial physical damage
to the property of others .
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C. No provision of this chapter, other than the
prohibitions against discriminatory advertising, shall
apply to:
1 . Any private sale of a single family dwelling by
its owner provided that the following criteria
are met:
a. The owner does not own or have beneficial
interest in more than three single family
dwellings at any one time; and
b. The owner or a member of his family was the
most recent resident of the dwelling,
except that if the owner does not personally
reside in the house at the time of the sale
or was not the most recent resident of the
house prior to the sale, this exemption will
only apply once in any 24-month period; and
c. The home is sold without the use, in any
manner, of the sales or rental facilities or
services of any real estate broker, agent or
salesman, or of such facilities or services
of any person in the business of selling or
renting dwellings, or any employee of any
such broker, agent, salesman, or person.
For the purpose of this subsection, a person
shall be deemed in the business of selling
or renting dwellings if:
i) he has, within the preceding twelve
months, participated as principle in
three or more transactions involving
the sale or rental of any dwelling or
any interest therein; or
ii) he has, within the preceding twelve
months, participated as agent, other
than in the sale of his own personal
residence in providing sales or rental
facilities or sales or rental services
in two or more transactions involving
the sale or rental of any dwelling or
any interest therein; or
iii) he is the owner of any dwelling
designed or intended for occupancy by,
or occupied by, five or more families .
2 . Rental of a housing accommodation in a building
which contains housing accommodations for not
more than four families living independently of
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each other, if the owner actually resides in one
of the housing accommodations .
3 . Rental of a room or rooms in a dwelling unit
occupied by the owner of the entire premises as a
family household having not more than two roomers
exclusive of salaried household employees living
on the premises .
4 . A religious organization, association, or
society, or a nonprofit institution or
organization operated, supervised or controlled
by or in conjunction with a religious
organization, association, or society, from
limiting the sale, rental, or occupancy of a
dwelling which it owns and operates for other
than a commercial purpose to persons of the same
religion, or from giving preference to such
persons, unless membership in such religion is
restricted on account of race, color, or national
origin.
5 . The operation of housing units intended and
operated for use and occupancy solely by persons
62 years of age or older; or provided that the
following criteria are met, for units intended
and operated for use and occupancy by persons 55
years of age or older, provided, however, that
this exemption shall only be applicable to
discrimination on the basis of familial status :
a. There exists evidence of significant
facilities and services specifically
intended to meet the physical or social
needs of older persons, or if the provision
of such facilities and services is not
practicable, that such housing is necessary
to provide important housing opportunities
for older persons; and
b. That at least eighty percent of the units
are each occupied by at least one person 55
years of age or older; and
c. The publication of, and adherence to,
policies and procedures which demonstrate an
intent by the owner or manager to provide
housing for older persons 55 years of age or
older.
6 . Housing shall not fail to meet the exemption
requirements for housing for older persons under
subsection (5) by reason of:
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a. Persons residing in such housing as of March
12, 1989, who do not meet the age
requirements of subsection (C) (5) provided
that new occupants of such housing meet such
age requirements; or
b. Unoccupied units provided that such units
are reserved for occupancy by persons who
meet the age requirements of subsection
(C) (5) .
3. 12.090 Complaint procedures--enforcement: Housing
A. Any person allegedly aggrieved in any manner by a
violation of any provision of Section 3 . 12 . 080 may,
not later than one year after an alleged
discriminatory housing practice has occurred or
terminated, file with the staff representative, as
defined in Section 3. 12 . 060, a written complaint. The
human relations commission on the commission' s own
initiative may also file such a complaint.
1 . Such complaints shall be in writing and shall
contain such information and be in such form as
required by the Secretary of Housing and Urban
Development.
2 . The human relations commission may also
investigate housing practices to determine
whether a complaint should be brought under this
section.
3 . Complaints shall be under oath or affirmation,
and may be reasonably and fairly amended at any
time.
4 . The human relations commission shall commence
proceedings with respect to the complaint before
the end of the 30th day after receipt of the
complaint.
B. Upon the filing of such a complaint:
1 . The staff representative shall serve notice upon
the aggrieved person acknowledging such filing
and advising the aggrieved person of the time
limits and choice of forums provided under this
Chapter.
2 . The staff representative shall, not later than
ten ( 10) days after such filing or the
identification of an additional respondent under
the paragraph C, serve on the respondent a notice
-19-
identifying the alleged discriminatory housing
practice, advising such respondent of the
procedural rights and obligations of respondents
under this section together with a copy of the
original complaint.
a. Upon receipt of such notice from the staff
representative, a respondent may be required
by the department to file a response to the
allegations contained in the complaint
within two days of the date on which the
notice was served to the respondent. Such
response shall be served to the complainant
or to his representative and to the human
relations commission.
3. The staff representative shall make an
investigation of the alleged discriminatory
housing practice and complete such investigation
within 100 days after the filing of the
complaint, unless it is impracticable to do so.
If the staff representative is unable to complete
the investigation within 100 days after the
filing of the complaint, the staff representative
shall notify all parties in writing of the
reasons for not doing so.
C. Additional respondents.
A person who is not named as a respondent in a
complaint, but who is identified as a respondent in
the course of an investigation, may be joined as an
additional or substitute respondent upon written
notice, under paragraph B, to such person, from the
staff representative. Such notice, in addition to
meeting the requirements of paragraph B, shall explain
the basis for the staff representative' s belief that
the person to whom the notice is addressed is properly
joined as a respondent.
D. Conciliation and investigative report.
During the period beginning with the filing of a
complaint under this section and ending with the
filing of a charge or a dismissal by the staff
representative, the commission or its designee shall,
to the extent feasible, engage in conciliation with
respect to such complaint.
1 . A conciliation agreement arising out of such
conciliation shall be an agreement between the
respondent and the complainant, and shall be
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subject to approval by the commission or its
designee.
2 . A conciliation agreement may provide for binding
arbitration of the dispute arising from the
complaint. Any such arbitration that results from
a conciliation agreement may award appropriate
relief, including monetary relief.
3 . Each conciliation agreement shall be made public
unless the complainant and respondent otherwise
agree and the commission or its designee
determines that disclosure is not required to
further the purposes of this chapter.
4 . At the end of each investigation under this
subsection, the commission or its designee shall
prepare a final investigative report containing:
a. the names and dates of contacts with
witnesses;
b. a summary and the dates of correspondence
and other contacts with the aggrieved person
rand the respondent(s) ;
c. a summary description of other pertinent
records;
d. a summary of witness statements; and
e. answers to interrogatories .
5 . A final report under this paragraph may be
amended if additional evidence is later
discovered.
E. Prohibition and requirements with respect to
disclosure of information.
1 . Nothing said or done in the course of
conciliation under this section may be made
public or used as evidence in a subsequent
proceeding under this section without the written
consent of the persons concerned.
2 . Notwithstanding paragraph ( 1) , the commission
shall make available to the aggrieved person and
the respondent, at any time, upon request
eft following completion of the commission's or its
designee' s investigation, information derived
from an investigation and any final investigative
report relating to that investigation.
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F. Failure to comply with conciliation agreement.
Whenever the commission or its designee has reason to
believe that a respondent has breached a conciliation
agreement, the commission shall refer the matter to
corporation counsel with a recommendation that a civil
action be filed under paragraph (J) (5) of this section
for the enforcement of such agreement.
G. Prompt judicial action.
1 . If the commission or its designee concludes at
any time following the filing of a complaint that
prompt judicial action is necessary to carry out
the purposes of this section, the commission may
authorize a civil action for appropriate
temporary or preliminary relief pending final
disposition of the complaint under this section
by petitioning the appropriate court for such
relief. The petition shall be filed in the
circuit court for the county in which the
respondent resides or transacts business or in
which the alleged violation took place, and the
proceedings shall be governed by Part I of
e Article XI of the Illinois Code of Civil
Procedure, as amended. The commencement of a
civil action under this subsection does not
affect the initiation or continuation of
administrative proceedings under this ordinance.
2 . Whenever the commission has reasonable cause to
believe that any person or group of persons is
engaged in a pattern or practice of resistance to
the full enjoyment of any of the rights granted
by this chapter, or that any group of persons has
been denied any of the rights granted by this
chapter and such denial raises an issue of
general public importance, the commission may
commence a civil action under this section.
H. Reasonable cause determination and effect.
1 . The commission or its designee shall, within 100
days after the filing of a complaint, determine
based on the facts whether reasonable cause
exists to believe that a discriminatory housing
practice has occurred or is about to occur
(unless it is impracticable to do so) , unless the
commission or its designee has approved a
e conciliation agreement with respect to the
complaint. If the commission or its designee is
unable to make the determination within 100 days
after the filing of the complaint, the commission
_22_
or its designee shall notify the complainant and
respondent in writing of the reasons for not
doing so.
2 . If the commission or its designee determines that
reasonable cause exists to believe that a
discriminatory housing practice has occurred or
is about to occur, the commission or its designee
shall immediately issue a charge on behalf of the
aggrieved person for further proceedings under
subsection (K) if an election is made, or in
accordance with the provisions of Section
3 . 12 . 095 if an election is not made.
a. Such charge:
i) shall consist of a short and plain
statement of the facts upon which the
commission or its designee has found
reasonable cause to believe that a
discriminatory housing practice has
occurred or is about to occur;
ii) shall be based on the final
,, investigative report; and
iii) need not be limited to the facts or
grounds alleged in the complaint filed
under paragraph a.
3 . If the commission or its designee determines that
no reasonable cause exists to believe that a
discriminatory housing practice has occurred or
is about to occur, the commission or its designee
shall promptly dismiss the complaint. The
commission shall make public disclosure of each
such dismissal .
a. Upon such dismissal, the commission or its
designee shall within five days of such
dismissal, serve notice to all parties
involved.
b. The complainant shall receive such notice of
dismissal along with notification of his
right to appeal . Such appeal must be made
within 30 days upon receipt of notification
and must be in writing to the commission.
c. If the complainant exercises his right under
this subsection to an appeal, the commission
shall meet within fourteen ( 14 ) days of
receiving such an appeal, and acting upon a
-23-
motion of any member, by majority vote
determine to withhold the dismissal, or
withdraw the dismissal and appoint one or
more members to assist the staff
representative in further investigation and
conciliation, or hold a hearing pursuant to
Section 3 . 12 .095 of this chapter.
4 . The commission or its designee may not issue a
charge under this section regarding an alleged
discriminatory housing practice after the
beginning of the trial of a civil action
commenced by the aggrieved party seeking relief
with respect to that discriminatory housing
practice.
5 . After the commission or its designee issues a
charge under this section, the commission or its
designee shall cause a copy thereof to be served:
a. on each respondent named in such charge,
together with a notice of opportunity to
appeal such charge within ten ( 10) days of
receipt of charge, in writing to the
ew commission upon which proceedings shall
commence pursuant to Section 3 . 12 . 095 of
this chapter.
b. on each aggrieved person on whose behalf the
complaint was filed.
I . Subpoenas; giving of evidence.
1 . The commission or its designee shall have
authority to issue subpoenas and order discovery
in aid of investigation and hearings under this
chapter pursuant to Section 3 . 12 . 050 of this
chapter.
2 . Any person who, with intent thereby to mislead
another person in any proceeding under this
section:
a. makes or causes to be made any false entry
or statement of fact in any report, account,
record, or other document produced pursuant
to subpoena or other lawful order under this
section or Section 3 . 12 . 095 of this chapter;
b. willfully neglects or fails to make or to
cause to be made full, true, and correct
entries in such reports, accounts, records,
or other documents; or
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c. willfully mutilates, alters, or by any other
means means falsifies any documented
evidence; shall be fined not more than
$100,000 .
J. Enforcement by the commission.
1 . Election of civil action. When probable cause is
found and a charge is issued under this section,
a complainant, a respondent, or an aggrieved
person on whose behalf the complaint was filed,
may elect, in lieu of administrative proceedings
under 3 . 12 . 095, to have the claims asserted in
that charge decided in a civil action under
subsection (K) . The election must be made not
later than 14 days after the receipt by the
electing person of service under subsection
(H) (5) or, in the case of the commission, not
later than 14 days after such service. The
person making election shall give notice of doing
so to the human relations commission and to all
other complainants and respondents to whom the
charge relates.
e 2 . Hearing on absence of election. If an election
is not made under subsection (J) ( 1) with respect
to a charge filed under this section, the
commission shall provide an opportunity for
hearing or record with respect to a charge issued
under this section. The hearing shall proceed
pursuant to Section 3. 12 . 095 of this chapter.
3. Nothing in this section shall prohibit the
conciliation of a complaint or the resolution of
a charge prior to the conclusion of a hearing
conducted pursuant to Section 3 . 12 . 095, except
that any such resolution shall require the
consent of the aggrieved person on whose behalf
the charge is issued.
4 . A civil action under paragraph (G) (2) may be
commenced not later than the expiration of 18
months after the date of the occurrence or the
termination of the alleged discriminatory housing
practice.
5 . A civil action may be commenced for appropriate
relief with respect to breach of a conciliation
agreement referred to corporation counsel by the
commission under paragraph (F) . A civil action
under this paragraph shall be commenced not later
than the expiration of 60 days after the referral
of the alleged breach.
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eft
6 . In a civil action under subsection (4 ) or (5) ,
the court:
a. may award such preventive relief, a
permanent or temporary injunction,
restraining order, or other order against
the person responsible for a violation of
this chapter;
b. may award such relief as the court deems
appropriate, including monetary damages to
persons aggrieved; and
c. may, to vindicate the public interest,
assess a civil penalty against the
respondent:
i) in an amount not exceeding $50, 000 for
a first violation;
ii) in an amount not exceeding $100,000 for
any subsequent violation.
d. may allow the prevailing party a reasonable
eft attorney' s fees and costs .
7 . Intervention in a civil action. Upon timely
application, any person may intervene in a civil
action commenced by corporation counsel under
subsection (2) or (3) which involves an alleged
discriminatory housing practice with respect to
which such person is an aggrieved person is a
party.
8. If as a result of an administrative hearing
conducted pursuant to Section 3 . 12 . 095, the
commission or its designee seeks an order for
relief, such relief may include actual damages
suffered by the aggrieved person and injunctive
or other equitable relief. Such order may, to
vindicate the public interest, assess a civil
penalty against the respondent:
a. in an amount not exceeding $10,000
respondent has not been adjudged to have
committed any prior discriminatory housing
practice;
b. in an amount not exceeding $25,000 if the
rm respondent has been adjudged to have
committed one other discriminatory housing
practice during the 5-year period ending on
the date of the filing of such charge; and
-26-
r
c. in an amount not exceeding $50, 000 if the
respondent has been adjudged to have
committed two or more discriminatory housing
practices during the 7-year period ending on
the date of the filing of such charge;
except that if the acts constituting the
discriminatory housing practice that is the
object of the charge are committed by the
same natural person who has been previously
adjudged to have committed acts constituting
a discriminatory housing practice, then the
civil penalties set forth in subparagraphs
(b) and (c) may be imposed without regard to
the period of time within which any
subsequent discriminatory housing practices
occurred.
9 . No such order shall affect any sale, contract, or
lease consummated before the issuance of such
order and involving a bona fide purchaser or
tenant without actual notice of the charge filed
under this section.
10. In the case of an order with respect to a
e discriminatory housing practice that occurred in
the course of a business subject to a licensing
or regulation by a governmental agency, the
commission or its designee shall, not later than
30 days after the date of the issuance of such
order:
a. send copies of the findings of fact,
conclusions of law, and the order, to that
governmental agency; and
b. recommend to that governmental agency
appropriate disciplinary action (including
where appropriate, the suspension or
revocation of the license of the respondent) .
11 . Whenever the respondent as a result of an order
under this section, fails to comply with such
order as issued as a result of an administrative
procedure, the corporation counsel, upon the
request of the commission,shall petition the
circuit court in which the discriminatory housing
practice is alleged to have occurred or in which
any respondent resides or transacts business for
the enforcement of the order of the commission or
ew its designee and for the appropriate temporary
relief or restraining order, by filing in such
court a written petition praying that such order
-27-
4
rw
be enforced and for appropriate temporary relief
or restraining order.
K. Civil action for enforcement when election is made for
such civil action. If an election is made under
subsection (J) , the commission or its designee/s shall
authorize, and not later than 14 days after the
election is made the corporation counsel shall
commence and maintain, a civil action on behalf of the
aggrieved person in a district court seeking relief
under this subsection. Venue for such civil action
shall be determined under the Illinois Code of Civil
Procedure.
1 . Any aggrieved person with respect to the issues
to be determined in a civil action under this
subsection may intervene as of right in that
civil action.
2 . In a civil action under this subsection, if the
court finds that a discriminatory housing
practice has occurred or is about to occur, the
court may grant as relief any relief which a
court could grant with respect to such
firw discriminatory housing practice in a civil action
under subsection (L) . Any relief so granted that
would accrue to an aggrieved person in a civil
action commenced by that aggrieved person under
subsection (L) shall also accrue to that
aggrieved person in a civil action under this
subsection.
L. Civil action taken by private person. An aggrieved
person may commence a civil action in an appropriate
district court not later than two years after the
occurrence or termination of an alleged discriminatory
housing practice, or the breach of a conciliation
agreement entered into under this chapter, whichever
occurs last, to obtain appropriate relief with respect
to such discriminatory housing practice or breach.
1 . The computation of such 2-year period shall not
include any time during which an administrative
proceeding under this chapter was pending to a
complaint or charge under this chapter based upon
such discriminatory housing practice. This
subparagraph does not apply to actions arising
from a breach of a conciliation agreement.
eft 2 . An aggrieved person may commence a civil action
under this subsection whether or not a complaint
has been filed under Section 3-12-090(A) and
without regard to the status of any such
_28-
r
complaint, but if the commission has obtained a
conciliation agreement with the consent of an
aggrieved person, no action may be filed under
this subsection by such aggrieved person with
respect to the alleged discriminatory housing
practice which forms the basis for such complaint
except for the purpose of enforcing the terms of
such agreement.
3 . An aggrieved person may not commence a civil
action under this subsection with respect to an
alleged housing practice which forms the basis of
a charge issued by the commission, if the
commission has commenced a hearing of record
under this chapter with respect to such charge.
4 . Upon application by a person alleging a
discriminatory housing practice or a person
against whom such a practice is alleged, the
court may:
a. appoint an attorney for such person; or
b. authorize the commencement or continuation
ew of a civil action under this subsection
without the payment of fees, costs, or
security, if in the opinion of the court
such person is financially unable to bear
the costs of such action.
5 . In a civil action under this subsection, if the
court finds that a discriminatory housing
practice has occurred or is about to occur, the
court may award to the plaintiff actual and
punitive damages, and subject to subsection (6 ) ,
may grant as relief, as the court deems
appropriate, any permanent or temporary
injunction, temporary restraining order, or other
order (including an order enjoining the defendant
from engaging in such practice or ordering such
affirmative action as may be appropriate. ) The
court may also, in its discretion, allow the
prevailing party, other than the United States, a
reasonable attorney's fee and costs . The United
States shall be liable for such fees and costs to
the same extent as a private person.
6 . Relief granted under this subsection shall not
affect any contract, sale, encumbrance, or lease
eft consummated before the granting of such relief
and involving a bona fide purchaser, incumbent,
or tenant, without the actual notice of the
_29_
1
filing of a complaint with the commission or
civil action under this chapter.
7 . Upon timely application, the City of Elgin may
intervene in such civil action, if the City of
Elgin certifies that the case is of general
public importance. Upon such intervention the
City of Elgin may obtain such relief as would be
available to the City of Elgin under Section (J)
in a civil action to which such section applies .
3. 12.095 Hearing procedure.
A. Any hearing conducted under the provisions as set
forth in this chapter shall be conducted by the
chairperson of the commission or other commissioner as
appointed by majority vote of the commission or a
hearing officer appropriately trained in equal
employment opportunities or fair housing laws, as
applicable to the nature of the complaint or charge.
B. A hearing under this section shall be conducted at a
place in the vicinity in which the discriminatory
practice is alleged to have occurred or to be about to
p,,, occur.
C. A hearing under this section shall be conducted as
expeditiously and inexpensively as possible,
consistent with the need of all parties to obtain a
fair hearing and a complete record.
D. A hearing shall be commenced under this section no
later than 30 days after the determination that a
hearing shall be conducted. The commission shall in
writing notify all parties of the time, date and
location of the hearing no later than 72 hours prior
to the hearing by certified mail .
E. At a hearing under this section, each party may appear
in person, be represented by counsel, present
evidence, cross-examine witnesses, and obtain the
issuance of subpoenas under Section 3-12 . 050 . Any
aggrieved person may intervene as a party in the
proceeding. The corporation counsel ' s office shall
provide representation before the commission on behalf
of the complainant or aggrieved person.
F. All testimony shall be given under oath and all
hearing shall be transcribed.
ew G. All rules of procedure and regulations adopted by the
commission shall preserve the right of due process
-30-
t
e
under law established with respect to civil cases in
the circuit courts of the state.
H. The commission is empowered to determine the facts and
such findings must be made by a majority vote of the
commission.
I . The commission is empowered to issue an order for
relief as may be appropriate, including monetary
relief. In the case of an order issued pursuant to
Section 3 . 12 . 080, the commission may order such relief
as provided in that section including paragraph (J) .
The commission shall make a final administrative
disposition of a complaint within one year of the date
of receipt of a complaint unless it is impracticable
to do so. If the commission is unable to do so it
shall notify the complainant and respondent, in
writing, of the reasons for not doing so.
J. Any resolution of a charge before a final order under
this section shall require the consent of the
aggrieved person on whose behalf the charge is issued.
eft K. Judicial Review. Any party aggrieved by a final order
for relief may upon application obtain judicial review
of such order in the judicial circuit in which the
discriminatory housing practice is alleged to have
occurred, and filing of the petition for review shall
be not later than 30 days after the order is entered.
The commission may not continue administrative
proceedings under this section regarding any alleged
discriminatory housing practice after the beginning of
the trial of a civil action commenced by the aggrieved
party under an Act of Congress or a State or local
law, seeking relief with respect to that
discriminatory housing practice.
3. 12. 100 Affirmative action-City contracts.
A. The city shall not contract with any contractor or
vendor, maintain any financial relation with any
financial institution, or use the service of any labor
organization or member thereof, which employs five or
more person which does not first submit to the city a
written commitment to provide equal employment
opportunity. However when a contractor, vendor,
financial institution, labor organization or member
thereof is the sole source of the particular work
e product or service desired by the City of Elgin and
such work, product or service is essential for the
-31-
e
efficient governmental operations of the city of Elgin
such written commitment shall not be required.
The written commitment required by this section shall :
1 . Set out and agree to maintain specific employment
or membership practices and policies sufficient
to achieve equal opportunity;
2 . Set out specific goals for participation by
minority groups and female person qualified by or
for training or through previous work
experience. This provision will not infringe
upon the right of the employer to determine the
need for or qualifications of employees;
3 . Agree to submit to the city upon request written
evidence of the effectiveness of the
above-required practices, policies and goals;
4 . Agree to submit to the city upon request
statistical data concerning employee composition
or membership composition on race, color, sex and
job description;
5 . Agree to distribute copies of the above
commitment to all persons who participate in
recruitment, screening, referral and selection of
job applicants, prospective job applicants or
members;
6 . Agree to require any subcontractor to submit to
the city a written commitment which contains the
provisions required by subdivisions one ( 1)
through five (5) of this subsection;
7 . The written commitment required by this section
may also be satisfied by filing a copy of an
affirmative action program of the
contractor/vendor which is in effect and which
has been approved by any local, state or federal
agency with jurisdiction to approve such programs .
B. All such contracts by and between the city of Elgin
and contractors and vendors for the purchase of the
city of Elgin of goods and/or services shall contain
the following clauses :
"The contractor/vendor will not discriminate
against any employee or applicant for employment
because of race, color, religion, sex, ancestry,
national origin, place of birth, age or physical
handicap which would not interfere with the
-32-
oft
efficient performance of the job in question.
The contractor/vendor will take affirmative
action to comply with the provisions of this
ordinance and will require any subcontractor to
submit to the city of Elgin a written commitment
to comply with those provisions . The
contractor/vendor will distribute copies of this
commitment to all persons who participate in
recruitment, screening, referral and selection of
job applicants, prospective subcontractors. "
"The contractor/ vendor agrees that the
provisions of Chapter 3 . 12 of the Elgin Municipal
Code, 1976, is hereby incorporated by reference,
as if set out verbatim. "
C. Any contractor, vendor, financial institution or labor
organization contracting with the city of Elgin will
be required to submit to the city, upon written
request by the city, compliance reports containing
such information as to the practices, policies,
programs and statistics of employee or membership
composition on race, color, sex, age and job
description, as may be prescribed by the city and will
require any subcontractor to submit a compliance
report upon written request by the city. The required
compliance report shall be substantially in the form
attached hereto as Exhibit A, a copy of which is on
file in the purchasing office.
D. Before a contract is let to a contractor or financial
institution by the city of Elgin, or before purchases
are made from a vendor, the purchasing agent or city
clerk must have on file a written statement from the
staff representative that the contractor, vendor, or
financial institution has a present or proposed
program which is approved as an acceptable equal
employment opportunity or affirmative action plan for
the utilization of minorities in their work force.
Neither this section, nor any other section of this
chapter, shall be construed to prevent the city
manager or department heads from authorizing or doing
business with contractors or vendors for emergency
services or supplies .
E. In the event that any contractor, vendor, financial
institution or labor organization contracting with the
city of Elgin fails to comply with the fair employment
and affirmative action provisions of this section, the
city of Elgin, in its discretion, may:
1 . Cancel, terminate or suspend the contract in
whole or in part;
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Oak
2 . Declare the contractor, vendor, financial
institution or labor organization ineligible for
further contracts for a calendar year;
3 . Recover from the contractor or vendor by setoff
against the unpaid portion of the contract price,
or otherwise pursuant to this contract, the sum
of fifty dollars per day, as liquidated damages
and not as a penalty, for each day that the
contractor or vendor shall fail to comply with
these provisions of the contract, as determined
by the city council after recommendation by the
human relation commission in accordance with its
rules, the said sum being fixed and agreed upon
by and between the contractor and the city
because of the impracticability and extreme
difficulty of fixing and ascertaining the actual
damages which the city would sustain in the event
of such a breach of contract, and said amount is
agreed to be the amount of damages which the city
would sustain;
4 . Impose such other sanctions as may be recommended
by the human relations commission pursuant to
e this section or other ordinances .
Section 2. That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are hereby
repealed.
Section 3. That this ordinance shall be in full force and
effect from and after its passage and publication in the manner
provided by law.
Geo VanDeVoorde, Mayor
Presented: July 22, 1992
Passed: July 22, 1992
Vote: Yeas 5 Nays 0
Recorded: July 23, 1992
Published:
Attest:
Dolonna Mecum, ity Clerk
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