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G67-77 I. Ordinance No. G67-77 AN ORDINANCE eft REDEFINING THE POWERS AND DUTIES OF THE COMMISSION OF HUMAN RELATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 3, Chapter 3.12 of the Elgin Municipal Code, as amended, is hereby further amended by adding the following: 3.120020 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, creed, national origin, sex or physical 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 the 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, national origin, ancestry, sex or physical handicap. 3.12.030 Composition; Appointment of Members; Salary; Term The Elgin Commission of Human Relations shall consist of eleven (11) members appointed by the Mayor with the advice and consent of the City Council. Each member as appointed shall serve for a term of three years; except that the terms of initial appointees hereunder 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. Commission members shall be broadly representative of the community in such areas as race, creed, color, religion, sex, physically handicapped, national origin or ancestry, education, welfare, labor and management. There shall be three ex officio members of the commission on human relations, who shall be the City Manager, the Chief of Police of the city, and the Superintendent of School District U-46. 3.12.040 Chairperson - Voting - Quorum - Coordinator A. The Commission shall elect a chairperson from the Commission members for a term of one (1) year but not more than two (2) consecutive years, the election being held in May. The Commission shall adopt rules governing its proceedings and the exercise of the powers and duties herein given to it provided that such rules shall not be in conflict with any provisions of this title and upon approval by the City Council. Six voting members shall be a quorum. Official action may be taken by the Commission only pursuant to the vote of a majority of the voting members present at a meeting at which a quorum is present. B. There shall be a Human Relations Coordinator to provide professional directcion.for the Commission on Human Relations and carry out the day to day activities of the Commission. These duties will be carried out under the general supervision of the City Manager. The coordinator shall report to the Commission on human relations every first Tuesday of the month (or as many times the Commission deems necessary) with written report of the activities of the previous month. The duties of the Human Relations Coordinator shall be: 1. Monitor public contractor compliance with the equal employ- ment opportunity clause of the Illinois Fair Employment Practices Act. 2. Assist the city, businesses and agencies within the Community in the development of Affirmative Action Plans. 3. Receive and investigate charges of discrimination within the city. 4. Develop and coordinate community sponsored programs to improve human relations within the community. 5. Develop human relations training for city staff. 6. Perform other such duties as directed by the City Manager 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, and other city boards, commissions and officials, on all matters involving racial, sexual, religious, physically handicapped condition or ethnic 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 the state and federal agencies whenever it deems such action appropriate in effectuating the policy of this chapter. D. The Commission shall receive, hear and investigate complaints of tensions, practices of discrimination and acts of prejudice against any person or group because of race, religion, sex, physically handicapped condition, or ethnic origin, and shall seek to resolve such matters through consultation and advice. Commission may make such recommendations to Mayor, City Council, and City Manager as in its judgment 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 information programs which it believes will further the purposes for which it has been esta- blished. r 1 , F. The commission on human relations and coordinator shall monitor the implementation of the City of Elgin's Affirmative Action Program. G. In conducting any investigation or holding any hearing as provided herein, the Elgin commission on human relations, upon the request of the Chair- person of the commission on human relations 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 hearing by the issuance of a subpoena to the person having such knowledge or having custody or control of such books, papers, records or other evidence, directing him to appear or produce them for examina- tion before such person or persons conducting such investigation or hearing. 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, thereto produce evidence, as so desired, or thereto give testimony touching the matter under investigation or in question-> Before petitioning the Court for such orders, the Commission shall first serve notice upon such person, not less than five (5) days prior thereto, stating the time and place where the petition is to be presented. Failure to obey any order issued by the Court may be punished by the Court as contempt thereof. 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 acts and orders, and do all other things necessary or incidental to the e 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 (5) or more persons within the City of Elgin during twenty (20) 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, a 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 domestic servants in his private home or a person 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 voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose, in whole or in part, or collective bargaining or of dealing with employers concern- ing grievances, terms, or conditions of employment, or apprenticeships or applica- tions 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, trustees in bankruptcy or receivership. 3.12.070 Unfair Employment Practices It is an unfair employment practice: (a) For any employer, because of race, color, religion, sex, national origin, place of birth, age, handicap, mental or physical, ancestry 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 otherwise to discriminate against any person because of his race, color, religion, sex, national origin, place of birth, age, handicap, mental and physical, or ancestry, or 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, sex, national origin or ancestry a condi- tion of referral, except for a bona fide occupational qualification; or (c) For any labor organization because of the race, color, religion, sex, national origin, place of birth, age, handicap, mental and physical, or ancestry 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 All 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 employment or as an apprentice or as an applicant for apprenticeship, or such person's wages, tenure, hours of employment or apprenticeship's conditions; or (d) For any -employer, employment agency or labor organization to discriminate against any person because he or she, reasonably and in good faith, has opposed any practice forbidden herein, or because he or she, reasonably and in good faith, has made a charge, testified or assisted in any investigation, proceeding or hear- ing herein; or (e) For any employer, employment agency, or labor organization to inquire on a written application whether a job applicant has ever been arrested, however, this subsection (e) shall not be construed to preclude any employer, employment agency or labor organization from inquiring on a written application whether a job applicant has ever been convicted of any offense other than a "petty offense" as that term is defined in Chapter 38, Section 1005-1-17 of the Illinois Revised Statutes, as now or hereafter amended; or (f) For any person to compel or coerce any person to engage in any of the acts declared herein to be unfair employment practices. Nothing in this section shall preclude an employer from hiring or selecting between persons for (1) any reason except for the unfair employment practices specifically prohibited herein; or (2) a bona fide occupational qualification. Nor shall anything in this section preclude any employer from giving or acting upon the results of any professionally Ask developed ability test provided that such test, its administration or action upon JP the results is not designed, intended, or used to discriminate because of race, color, religion, sex, national origin, place of birth, age, handicap, mental or physical, or ancestry. 3.12.080 Unfair Housing Practices A. It is unlawful and an unfair housing practice for any owner of real estate, lessee, sublessee, real estate broker or salesman, lender, financial institution, advertiser or agent of any of the foregoing: 1. To make any distinction, discrimination or restriction against 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, predicated upon the race, color, religion, national origin, ancestry, sex or physical handicap of the prospective or actual buyer or tenant thereof, or because of the race, color, religion, national origin, ancestry, sex or physical handicap of the friends or associates of such person. 2. To publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement, sign or other writing of any kind relating to the sale, rental, or leasing of any real estate within the City, which will indicate or express any limitation or discrimination in the sale, rental or leasing of such real estate, predicated upon the race, color, religion, national origin, ancestry, sex or physical handicap of any prospective buyer, lessee or renter of such property. 3. To refuse to sell, lease or rent, any real estate within the City because of the race, color, religion, national origin, ancestry, sex or "''' physical handicap of the proposed buyer or renter. 4. To discriminate or to participate in discrimination in connection with borrowing or lending money, guaranteeing loans, accepting mortgages or otherwise obtaining or making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any real estate in the city because of race, color, religion or national origin, ancestry, sex or physical handicap. 5. To discriminate in price against any person for the sale or rental of real estate because of race, color, religion, national origin, sex or physical handicap. 6. To solicit for sale, lease or listing for sale or lease, real estate within the City on the ground of loss of value due to the present or prospective entry into any neighborhood of any person or persons of any particular color, race, religion or national origin or ancestry. 7. To distribute or cause to be distributed written material or statements designed to induce any owner of real estate in the city of sell or lease his property because of any present or prospective change in the race, color, religion, national origin, ancestry, sex or physical handicap of persons in the neighborhood. 8. To refuse examination of copies of any listing of real estate to eu any financially qualified person because of race, color, religion, national origin, ancestry, sex or physical handicap. 9. To enter into a listing agreement which prohibits the sale or rental of real estate of any person because of race, color, creed, religion, national origin, ancestry, sex or physical handicap, 10. To act or to undertake to act with respect to any real estate the disposition of which is prohibited to any person because of race, color, religion, national origin, ancestry, sex or physical handicap. B. It shall further be unlawful and an unfair housing practice for any person to negotiate for the purchase or rental of real estate in bad faith for the purpose of harassing or embarrassing the owner, or agent of the owner thereof. C. No provisions of this chapter shall be construed to require an owner to offer property to the public at large before selling or renting it, nor shall this chapter be deemed to prohibit owners from giving preference to prospective tenants or buyers for any reason other than race, color, religion, national origin, ancestry, sex or physical handicap. D. No provisions on this chapter shall require an owner to offer property for sale or lease or rental to any person if the owner has any reason to believe that such person is not negotiating for the purchase, lease or rental thereof in good faith. 3.12.090 Investigation and Complaint Procedure A. Any person aggrieved in any manner by a violation of any provision of this chapter may file with the Human Relations Coordinator a written or oral. complaint. The complaint shall state (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, and (3) the facts surrounding the alleged violation of this chapter. Such complaint shall state the name and address of all persons believed to have knowledge concerning the alleged violation. The complaint shall be barred from consideration unless it is filed with the Human Relations Coordinator within sixty (60) days after the alleged violation. No com- plaint shall be processed if a similar complaint is filed before any State or Federal agency. B. Upon receipt of the complaint by the Human Relations Coordinator, he shall make a preliminary investigation to determine whether probable cause exists in support of the allegations in the complaint.. This may include a conversation with the complainant, persons having knowledge of the alleged act and the respondent. The Human Relations Coordinator shall use informal methods of conference, conciliation and persuasion in an attempt to resolve the complaint, If the Human Relations Coordinator is unable to conciliate the complaint, he shall so notify the Chairman of the Commission within thirty (30) days of the filing of the complaint. C. Upon referral to the Commission the charges shall be written and made under oath, and a copy of the complaint shall be served upon the respondent by registered mail within ten (10) days of its receipt by the Commission. D. The Human Relations Commission shall meet to appoint one or more members to serve with the Human Relations Coordinator to make further investigations and Alik to attempt to resolve the complaint by further conciliation. The Human Relations Coordinator and the appointed members shall report to the entire Commission the results of the investigation, and attempts at conciliation. The Commission shall after considering the report determine whether this matter should procede to a hearing or a dismissal of the complaint, The hearing shall be ordered upon a majority vote of the members acting upon a motion of any member. E. Hearings shall be conducted by the chairperson or another member designated by him. Hearings shall be held at the next scheduled meeting after tom' the investigation is completed. Written notice to all parties of the time, date and location of the hearing shall be given at least 48 hours prior to the hearing by certified mail. All respondents shall be provided full opportunity to present evidence, cross examine persons giving testimony and may be represented by counsel. All testimony shall be given under oath and of record unless the Commission by majority vote decides to proceed informally, however, no findings and recommendation shall be made to the Mayor and City Council as a result of any informal hearing. F. The Commission shall use its full powers to determine the facts and such findings must be supported by a majority vote of the Commission. After a hearing where the Commission finds by a preponderance of the evidence that a violation of the chapter has been committed, and after reasonable attempts to resolve the complaint have failed, the Chairman shall transmit a written copy of the findings and recommendations to the Mayor and City Council. Recommendations may be requested for the Mayor and City Council to instruct the Corporation Counsel to initiate litigation against the respondent. G. The Commission may in lieu of making a finding and recommendation to the Mayor and City Council, accept a written commitment from the respondent to comply with the provisions herein. Section 2. That Chapter 3.36 of Title 3 entitled "Fair Housing Board - Fair Housing Practice" be and is hereby repealed. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 14, 1977 Passed: December 28, 1977 Vote: Yeas 6 Nays 1 Recorded: Pub lsihed: Attest: s/ Marie Yearman Marie Yearman, City Clerk