HomeMy WebLinkAboutG19-93 et 4
CITY OF ELGIN
ORDINANCE NO. G19-93
AN ORDINANCE
AMENDING CHAPTER 3 . 12 ENTITLED 'COMMISSION ON HUMAN RELATIONS '
ADOPTED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 12TH DAY OF MAY, 1993
Published in pamphlet form by
authority of the City Council of
the City of Elgin, Kane and Cook
Counties, Illinois, on this
12th day of May, 1993.
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STATE OF ILLINOIS )
ss .
COUNTY OF KANE )
CERTIFICATE
I, Dolonna Mecum, certify that I am the duly appointed
and acting municipal clerk of the City of Elgin, Cook and Kane
Counties, Illinois .
I further certify that on May 12, 1993, the Corporate
Authorities of such municipality passed and approved Ordinance
No. G19-93, entitled An Ordinance Amending Chapter 3 . 12
Entitled "Commission on Human Relations" which provided by its
terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. G19-93, including
the Ordinance and a cover sheet thereof, was prepared, and a
copy of such Ordinance was posted in the municipal building,
commencing on May 13, 1993, and continuing for at least ten
days thereafter. Copies of such Ordinance were also available
for public inspection upon request in the office of the
municipal clerk.
DATED at Elgin, Illinois, on May 13, 1993 .
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Municipal Clerk
(SEAL)
f'" Ordinance No. G19-93
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 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 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
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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.
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.
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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 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
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tek 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 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.
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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 of the facts and
orders, and do all other things lawfully 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
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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, trusts and unincorporated organizations .
E. "Age" means the chronological age of a person who is at
least forty years old.
r"'" 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 choice or refusal to practice any or
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
2 . The designee of such parent or other person having
such custody, with the written permission of such
person or other person.
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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 :
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. "Real estate" includes buildings, structures, lands,
tenements, leaseholds, interests in real estate
cooperatives, condominiums, and hereditaments, corporeal
and incorporeal, or any interest therein.
0. Real estate transactions" includes the sale, exchange,
rental or lease of real estate. "Real estate transaction"
also includes the brokering or appraising of residential
real property and the making or purchasing of loans or
providing other financial assistance:
( 1) for purchasing, constructing, improving,
repairing or maintaining a dwelling; or
(2 ) secured by residential real estate.
P. "Discriminate" means to make a difference in treatment or
favor any person because of race, color, religion, creed,
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sex, national origin, age, ancestry,
handicap. familial status or
Q. "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 .
R. "Conciliation agreement" means a written agreement setting
forth the resolution of the issues in conciliation.
S. "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.
T. "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.
U. "Complainant" means the person, including the human
relations commission or its designee/s who files a
complaint under the provisions of this chapter.
V. "Respondent" means :
1 . The person or other entity accused on a complaint
filed under this chapter; and
2 . Any other person or entity identified in the course of
investigation and notified with respect to respondents
so identified under this chapter.
W. "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.
X. "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
risk representative to the commission on behalf or the aggrieved
person.
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Y. "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, 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 apprenticeships 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
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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 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.
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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.
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
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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, 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.
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 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, making or
purchasing of loans or the provision of other
financial assistance secured by residential real
estate, 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,
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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 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;
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 account
few of his having exercised or enjoyed, or on account of
his having aided or encouraged any other person in the
exercise or enjoyment of any right granted or
protected by this section.
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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, practices, or services,
when such accommodations may be necessary to
afford such person equal opportunity to use
and enjoy a dwelling;
r iii) in connection with the
covered design and
construction of red multi-family
dwellings for first occupancy after March
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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;
eft ( 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
(5) compliance with the
appropriate requirements of
the American National
Standards for buildings and
facilities providing
accessibility for handicapped
people (commonly cited as
ANSI A117 . 1) suffices to
satisfy the requirements of
paragraph ( iii) (c) .
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
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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 13(c) ( iii) .
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 .
C. No provision of this chapter, other than the prohibitions
against discriminatory advertising, shall apply to:
1 . The sale or rental of a single family dwelling by its
owner provided that the following criteria are met:
a. The owner does not own any interest in, nor is
there owned or reserved on his behalf, under any
express or voluntary agreement, title to or any
right to all or a portion of the proceeds from
the sale or rental of, more than three such
single-family houses 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
eift 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
- 15 -
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 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 :
- 16 -
r 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 :
a. Persons residing in such housing as of September
13, 1988, 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.
e.. 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.
- 17 -
B. Upon the filing of such a complaint:
tek 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 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 ten
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.
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1 . A conciliation agreement arising out of such
conciliation shall be an agreement between the
respondent and the complainant, and shall be subject
to approval by the 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 and the
respondent(s) ;
eft 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 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.
rft
- 19 -
F. Failure to comply with conciliation agreement.
oeft
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 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
eft 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 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 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
- 20 -
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
e"" 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 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.
/ft 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
- 21 -
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 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:
rft 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
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 reasonable 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
fir.►, 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
22 -
shall give notice of doing so to the human relations
commission and to all other complainants and
respondents to whom the charge relates .
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.
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
attorney' s fees and costs .
- 23 -
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
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
c . in an amount not exceeding $50, 000 if the
e'" 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
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:
- 24 -
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 its designee and for the appropriate
temporary relief or restraining order, by filing in
such court a written petition praying that such order
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
(Pik 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 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
ft termination of an alleged discriminatory housing practice,
or the breach of a conciliation agreement entered into
under this chapter, whichever occurs last, to obtain
- 25 -
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.
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 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 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
eft 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
- 26 -
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 consummated
before the granting of such relief and involving a
bona fide purchaser, incumbent, or tenant, without the
actual notice of the 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, which shall be
a governmental authority, 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 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.
27 -
G. All rules of procedure and regulations adopted by the
commission shall preserve the right of due process 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 . 090, 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.
K. Judicial Review. Any party aggrieved by a final order for
eft relief may upon application obtain judicial review of such
order, in accordance with the provisions of Ill . Ann. Stat.
Ch 110, paragraphs 3-110 and 3-111, 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 product or service desired by the City of
Elgin and such work, product or service is essential for
the efficient governmental operations of the City of Elgin
such written commitment shall not be required.
- 28 -
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
rft 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
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
rft 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
- 29 -
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;
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
tew 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
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Orb, 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 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.
f ��`
- C.�Q%li�Z%/I��Z
Geor• - VanDeVoorde, Mayor
Presented: May 12, 1993
Passed: May 12, 1993
Omnibus Vote: Yeas 7 Nays 0
Recorded: May 13, 1993
Published: May 13, 1993
Attest:
4 eGt zi
Dolonna Mecum, City Clerk
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