HomeMy WebLinkAboutG58-97 ' Ordinance No. G58-97
AN ORDINANCE
REPEALING EXISTING CHAPTER 3 . 12 OF THE ELGIN MUNICIPAL CODE,
1976 , AS AMENDED, ENTITLED "COMMISSION ON HUMAN RELATIONS"
AND CREATING CITY COMMISSION ON HUMAN RELATIONS
WHEREAS, the City of Elgin is a home rule unit pursuant to
Article VII of the Illinois Constitution; and
WHEREAS, the City of Elgin, as a home rule unit, may
exercise any power and perform any function pertaining to its
government and affairs ; and
WHEREAS, the City Council of the City of Elgin has
determined that it is necessary and desirable to establish a
commission on human relations which is separate, distinct and
supersedes the commission on human relations authorized by the
enabling statute provided at 65 ILCS 5/11-11 . 1-1 , et seq. ; and
WHEREAS, the establishment of such a commission on human
relations pertains to the government and affairs of the City of
Elgin .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
t CITY OF ELGIN, ILLINOIS :
Section 1 . That Chapter 3 . 12 of the Elgin Municipal Code,
1976 , as amended, entitled "Commission on Human Relations" is
hereby repealed.
Section 2 . That in lieu of the chapter repealed by
Section 1. hereof there is hereby established a new Chapter 3 . 12
entitled "Commission on Human Relations" as part of the Elgin
Municipal Code, 1976 , as amended, to read as follows :
"Chapter 3 . 12
COMMISSION ON HUMAN RELATIONS
3 . 12 . 010 ESTABLISHED.
There is hereby established a commission on
human relations for the City of Elgin pursuant to the
City of Elgin' s home rule authority. The commission
on human relations hereby established shall be
separate and distinct and supersede the commission on
human relations authorized by statute. In the case
of any conflict with any provision of this chapter
with any provision of the statutory provisions for a
commission on human relations ( 65 Illinois Compiled
Statutes 5/11-11 . 1-1 , et seq. , 1996 , as amended) the
provisions of this chapter shall control .
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 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 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 .
6 . Perform other such duties as directed
by the human resources director and the human
relations commission.
r
em. 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 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 or 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, as amended.
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 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
(01". 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 820 , Section 214 of the Illinois Compiled
Statutes, 1996 , 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 , trusts and unincorporated organizations .
E . Age means the chronological age of a person
who is at least forty years old.
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.
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 .
rft
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, sex, national origin, age, ancestry,
familial status or handicap.
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
emb. 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.
fry X. Charge is defined as a written statement of
F 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.
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
few trade, or craft, tenure, terms, or conditions of
employment; or
t 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
em. 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 application whether a job applicant has ever
been convicted of any offense other than a "petty
offense" as that term is defined in Chapter 730,
Section 5/5-1-17 of the Illinois Compiled Statutes ,
1996 , 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
r'' 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
rft. 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.
eft 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 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 UNFAIR 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; 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 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, national origin,
age, ancestry, familial status, or handicap;
6 . Delay the processing or denying a loan
or other financial assistance to a person
applying therefor 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
in 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 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.
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
rft 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;
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;
emk ( 1 ) an accessible
route into and through the
dwelling;
emk ( 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
( 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 )
t"'` 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 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
fek c . Require, because a blind, hearing
impaired, or physically handicapped person
has a guide, hearing or support dog, an
r"° 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
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
eow 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 .
tow 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.
few 5 . The operation of housing units
intended and operated for use and occupancy
solely by persons 62 years of age or older; or
°64' 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 :
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
mariner 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 .
(ow 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 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 .
1 . A conciliation agreement arising out
of such conciliation shall be an agreement
r 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) ;
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
fek or its designee' s investigation, information
derived from an investigation and any final
investigative report relating to that
investigation.
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 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) ,
C 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 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 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
rft. 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:
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 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 be made not later than 14 days
emk 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
tow 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 .
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 :
t'' 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
reasonable 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 if the 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 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
eft 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:
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 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 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 .
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
emb. civil action under this subsection with respect
to an alleged housing practice which forms the
basis of a charge issued by the commission, if
e 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
eft' 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 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 .
•
tow 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
eft 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.
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.
eft 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
4!� 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 relief may upon application obtain
judicial review of such order, in accordance with the
provisions of Illinois Compiled Statutes , Chapter
735 , paragraphs 5/3-110 and 5/3-111 , 1996 , as
amended, 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 persons 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 is
essential for the 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
persons 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. Al]_ 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
submit to the city of Elgin a written commitment
to comply with those provisions . The
contractor/vendor will distribute copies of this
ek 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;
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 this section or other ordinances . "
Section 3 . That the duly appointed and acting
commissioners of the commission on human relations repealed by
fek Section 1 hereof shall continue to serve as the commissioners
for the commission on human relations created by Section 2
hereof until the expiration of their respective current terms
of office, or until their successors are appointed in the
manner provided by law.
Section 4 . That all ordinances or parts thereof in
conflict with this ordinance be and are hereby repealed.
Section 5 . That this ordinance shall be in full force and
effect from and after its passage and publication in the manner
provided by law.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: November 19 , 1997
Passed : November 19 , 1997
Vote: Yeas 4 Nays 3
Recorded : November 20, 1997
Published :
Attest :
few s/ Dolonna Mecum
I)olonna Mecum, City Clerk