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G46-92 A } Ordinance No. G46-92 AN ORDINANCE AMENDING CHAPTER 3. 12 ENTITLED "COMMISSION ON HUMAN RELATIONS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 3 . 12 entitled "Commission on Human Relations" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows : 3. 12.010 Created. A commission on human relations is created. 3. 12.020 Declaration of policy. A. The city council, in support of constitutional provisions against prejudice and the practice of discrimination against any individual or group because of race, color, religion, creed, sex, national origin, age, ancestry, familial status or handicap, desires to establish a commission on human relations . To eliminate such prejudice and discrimination, an instrumentality should be established through which the citizens of Elgin may be kept informed of developments in human relations, the citizens and public officials of the city may obtain expert advice and assistance in progressive practices to keep peace and good order, and private persons and groups may be officially encouraged to promote tolerance, goodwill, interfaith and interracial harmony between all people. B. It is declared to be the public policy of the city to assure full and equal opportunity to all residents of the city to obtain fair and adequate housing for themselves and their families in the city without discrimination against them because of their race, color, religion, creed, sex, national origin, age, ancestry, familial status or handicap, and to secure to its residents the economic, social, and professional benefits of living in an integrated society. 3. 12.030 Appointment of members-composition-term-salary. A. The human relations commission shall consist of up to elk eight members appointed by the mayor with the advice and consent of the city council . Commission members shall be as broadly representative of the community as V 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. -2- • 3 . Develop and coordinate community sponsored programs to improve human relations within the city. 4 . Develop human relations training for city staff. 5 . Administer any fair housing program for which the city receives funds from the Department of Housing and Urban Development. 6 . Perform other such duties as directed by the human resources director and the human relations commission. 3. 12.050 Powers and duties. A. The commission shall advise and consult with the mayor, city council, city manager, human resources director, and other city boards, commissions and officials, on all matters involving prejudices or discrimination and recommend such corrective or legislative action as it may deem appropriate to effectuate the policy of this chapter. The commission shall render an annual written report to the mayor, city council and city manager. B. The commission may invite and enlist the cooperation of racial, religious and ethnic groups, community organizations, fraternal and benevolent societies, veterans ' organizations, professional and technical organizations and other groups in the city in carrying on its work. C. The commission shall cooperate with state and federal agencies and may, with the approval of city council, enter into cooperative agreements with state and federal agencies whenever it deems such actions appropriate in effectuating the policies of this chapter. D. The commission shall receive and investigate complaints of tensions, practices of discrimination, and acts of prejudice against any person or group because of race, color, religion, creed, sex, national origin, age, ancestry, familial status, or handicap, and shall seek to resolve such matters through consultation, advice, and conciliation. The commission may make such recommendations to the mayor, city council and city manager as in its judgement will effectuate the policy of this chapter and, subject to the approval of the city council, may issue such publications and such special reports concerning its -3- work and investigations as it may consider desirable in the public interest. E. The commission may initiate or conduct any educational or informational programs which it believes will further the purposes for which it was established; provided that in the event such programs shall have a financial impact on the city, council approval shall be obtained. F. The human relations commission and the deputy human resources director shall monitor the implementation of the city' s affirmative action program. G. In conducting any investigation or holding any hearing as provided herein, the human relations commission, upon the request of the chairperson of the human relations commission or any member thereof, or upon the request of the complainant or respondent in such an investigation or hearing either personally or through his attorney, in the discretion of the commission, may compel the attendance of any person believed to have knowledge of the facts relevant to such investigation or having custody or control of ew such books, papers, records of other evidence, directing him to appear or produce them for examination before such person or persons conducting such investigation or hearing. Subpoenas shall be delivered as provided in the rules and regulations of the human relations commission, amended 1992 . 1 . In case of failure or refusal to obey a subpoena issued to any person, the commission may request the corporation counsel to petition the circuit court for the county of Kane requesting said court to issue an order requiring such person to appear before the commission, and to produce evidence, as so desired, or to give testimony concerning the matter under investigation or in question. 2 . Before petitioning the court for such orders, the commission shall first serve notice upon such person, not less than five days prior thereto, stating the time and place where the petition is to be presented. Failure to obey any order issued by the court shall be punishable by the court as provided by law. H. In making such investigation or in holding such hearing, the commission may administer oaths, take the testimony of any person under oath, make findings o4 the facts and orders, and do all other things lawfully -4- e necessary or incidental to the carrying out of the intent and purpose of the ordinance or law upon which such investigation is being conducted or such hearing held. 3. 12.060 Definitions. A. "Employer" includes and means any person employing five or more persons within the city during twenty or more calendar weeks within any calendar year; except that the term "employer" does not include any not-for-profit corporation or association organized for fraternal or religious purposes, nor any school, educational or charitable institution owned and conducted by or affiliated with church or religious institution, nor any exclusively social club, corporation or association that is not organized for profit. "Employer" also does not include an individual who employs persons in "agricultural labor" as that term is defined in Chapter 48, Section 324 of the Illinois Revised Statutes, as now or hereafter amended. The term "employer" expressly includes the City of Elgin and any unit or agency thereof. B. "Labor organization" includes any organization, or labor union, craft union, or any other voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purposes, in whole or in part, for collective bargaining or of dealing with employers concerning grievances, terms, or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships . C. "Employment agency" includes both public and private employment agencies and any person, and any labor organization or labor union having a hiring hall or hiring office regularly undertaking with or without compensation, to procure opportunities to work, or to procure, recruit, refer, or place employees . D. "Person" includes one or more individuals, partnerships, associations or organizations, labor organizations, labor unions, or union labor associations, corporations, legal representatives, mutual companies, joint-stock companies, trustees, trustees in bankruptcy or receivership, receivers fiduciaries . E. "Age" means the chronological age of a person who is at least forty years old. -5- 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 all aspects of religious observances and practices, as well as belief. H. "Familial status" means one or more individuals who have not attained the age of eighteen years being domiciled with: 1 . A parent or another person having legal custody of such individual or individuals; or r 2 . The designee of such parent or other person having such custody, with the written permission of such person or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing custody of any individual who has not attained the age of eighteen years . I . "Staff representative" is the human resources department staff liaison to the human relations commission who is charged with the responsibility of reviewing housing and employment complaints and monitoring contract compliance. J. "Dwelling" means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. K. "To rent" includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. L. "Covered multi-family dwelling" means : -6- e 1 . Buildings consisting of four or more units if such buildings have one or more elevators; and 2 . Ground floor units in other buildings consisting of four or more units . M. "Real estate broker, agent or salesman" means a person, whether licensed or not, who, for or with expectation of receiving a consideration, lists, sells, purchases, exchanges, rents or leases real property, or who negotiates or attempts to negotiate any of those activities or who holds himself out as engaged in these. N. "Discriminate" means to make a difference in treatment or favor any person because of race, color, religion, creed, sex, national origin, age, ancestry, familial status or handicap. 0. "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the human relations commission or its designee/s . P. "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation. Q. "Designee(s) of the human relations commission"includes the human resources department staff representative designated in Section 3 . 12 . 040 paragraph B, or one or more human relations commissioners appointed by the human relations commission to perform a specified duty on behalf of the commission, or a hearing officer. R. "Aggrieved person" includes any person who: 1 . Claims to have been injured by a discriminatory practice; or 2 . Believes that such person will be injured by a discriminatory practice that is about to occur. S. "Complainant" means the person, including the human relations commission or its designee/s who files a complaint under the provisions of this chapter. T. "Respondent" means : 1 . The person or other entity accused on a complaint filed under this chapter; and -7- e 2 . Any other person or entity identified in the course of investigation and notified with respect to respondents so identified under this chapter. U. "Complaint" is a written document filed by a complainant or the human relations commission, which contains a claim or alleges that discrimination in housing or employment has occurred or is about to occur. V. "Charge" is defined as a written statement of the facts upon which the human relations commission, designee or staff representative to the commission has found reasonable cause to believe that a discriminatory housing or employment practice has occurred or is about to occur. The charge is filed by the human relations commission or staff representative to the commission on behalf or the aggrieved person. W. "Hearing" is that part of an administrative proceeding that involves the submission of evidence, either by oral presentation or written submission, and includes the submission of briefs and oral arguments on the evidence and applicable law. 3. 12.070 Unfair employment practices. It is an unfair employment practice: A. For any employer, because of race, color, religion, creed, sex, national origin, age, ancestry, place of birth, or handicap of a person, to refuse to hire, to segregate, or otherwise to discriminate against such persons with respect to the hiring, selection, and training for apprenticeship in any trade, or craft, tenure, terms, or conditions of employment; or B. For any employment agency to fail to refuse to classify properly, accept applications and register for employment, refer for apprenticeship, or to otherwise discriminate against any person because of his race, color, religion, creed, sex, national origin, age, ancestry, place of birth, or handicap, to accept from any person any job order, requisition or request for referral of applicants for employment or apprenticeship which makes, or has the effect of making race, color, religion, creed, sex, national origin, age, ancestry, place of birth, or handicap a condition of referral except for a bona fide occupational qualification; or C. For any labor organization because of the race, color, religion, creed, sex, national origin, age, ancestry, -8- ew place of birth, or handicap, of any person to discriminate against such person, or to limit, segregate or classify its membership with respect to such person, or to limit such person' s employment opportunities, such person' s selection and training for apprenticeship in any trade or craft, or otherwise to take or fail to take any action which affects adversely such person' s employment status, or status as an applicant for apprenticeship, or such person' s wages, tenure, hours of employment or apprenticeship' s conditions; or D. For any employer, employment agency, or labor organization to discriminate against any person because he or she, reasonably and in good faith, has made a charge, testified or assisted in any investigation, proceeding or hearing herein; or E. For any employer, employment agency, or labor organization to inquire on a written application whether the job applicant has ever been arrested; however, this subsection shall not be construed to preclude any employer, employment agency, or labor organization from inquiring on a written application �. whether a job applicant has ever been convicted of any offense other than a "petty offense" as that term is defined in Chapter 38, Section 1005-1-17 of the Illinois Revised Statutes, as now or hereafter amended; or F. For any person to compel or coerce any person to engage in any of the acts declared in this chapter to be unfair employment practices . Nothing in this section shall preclude an employer from hiring or selecting between persons for any reason except for the unfair employment practices specifically prohibited herein, or a bona fide occupational qualification. Nor shall anything in this section preclude any employer from giving or acting upon the results of any professionally developed ability test, provided that such test, its administration or action upon the results, is not designed, intended, or used to discriminate because of race, color, religion, creed, sex, national origin, age, ancestry, place of birth, or handicap. 3. 12.075 Complaint procedures-employment. A. Any person allegedly aggrieved in any manner by a violation of any provision of Section 3 . 12 . 070 except employees of the City of Elgin shall file with the staff representative as defined in Section 3 . 12 . 060, a -9- e written complaint. The complaint shall include a short and plain statement including: 1 . The name and address of the complainant; 2 . The name and address of the person or persons against whom the complaint is brought (respondent) , if known to the complainant; 3 . The facts surrounding the alleged violation of Section 3 . 12 . 070; and 4 . The names and addresses of all persons believed to have knowledge of the facts concerning the alleged violation. B. Any charge in which the City of Elgin or any of its boards or commissions is the named respondent shall be filed by the complainant directly with the appropriate state and/or federal agency. C. The complaint shall be barred from consideration unless it is filed with the staff representative within one hundred and eighty days ( 180) after the alleged violation occurred. Except when acting pursuant to a cooperative agreement for dual filing of complaints, no complaint shall be processed if a similar complaint is filed before any state or federal agency. D. After the complaint is filed, the staff representative shall, within five days, serve a copy of the complaint personally or by certified mail on the person or persons charged. E . If the staff representative determines that the allegations as stated in the complaint, if true, would constitute a violation of Section 3 . 12 . 070, the staff representative shall investigate the complaint. If, in that investigation, it is determined that the allegations appear to be supported by the facts found, the investigator may set a date for a conference and notify the parties of the time and place thereof. At such conference the investigator shall interview the complainant and the person or persons against whom the complaint has been directed and shall attempt to resolve the complaint by conciliation. If the investigator is unable to conciliate the complaint within fourteen days of the filing of the complaint, he or she shall immediately notify the chairman of the human relations commission. -10- ew 1 . The human relations commission shall meet within ten ( 10) days to appoint one or more members to serve with the staff representative to make further investigations and to attempt to resolve the complaint by further conciliation. 2 . The appointed members and the staff representative shall report to the entire commission within fourteen ( 14 ) days the results of the investigation and attempts at conciliation. The commission shall, after considering the report, determine whether this matter should proceed to a hearing or a dismissal of the complaint. A hearing shall be ordered upon a majority vote of the members acting upon a motion of any member. 3 . Any hearing ordered by the commission shall be conducted pursuant to Section 3 . 12 . 095 of this chapter. F. If the staff representative determines that the complaint is without merit, he or she shall dismiss the complaint. The staff representative shall within five (5) days of such determination serve a copy of the notice of dismissal, and reasons thereof, personally or by certified mail, on all parties . Included in the notice of dismissal, the complainant shall receive notification of his/her right to appeal in writing, within fourteen ( 14) days of receipt of said notice, to the human relations commission. If such appeal is made: 1 . The human relations commission shall meet to review the complaint. 2 . The commission, by majority vote and acting upon a motion of any member, may withdraw the dismissal and refer the complaint to the investigator for conciliation or proceed to a hearing. 3 . Any hearing ordered by the commission shall be conducted pursuant to Section 3 . 12 . 095 of this Chapter. 3. 12.080 Unlawful housing practices. A. It is unlawful to: 1 . Make any distinction, discrimination or restriction against or to refuse to negotiate with any person in the price, terms, conditions, -11- e or privileges of any kind relating to the sale, rental, lease or occupancy of any real estate in the city or in the furnishing of any facilities or services in connection therewith because of race, color, creed, religion, sex, national origin, age, ancestry, familial status, or handicap of the friends or associates of such person(s) ; 2 . Make, print, publish, circulate, issue or display, or cause to be made, printed, published, circulated, issued or displayed, any communication, notice, advertisement, statement, sign or writing of any kind relating to the sale, rental or leasing of any dwelling within the city, which will indicate or express any limitation, preference, or discrimination in the sale, rental or leasing of such real estate, based on the race, color, creed, religion, sex, national origin, age, ancestry, familial status, or handicap, or an intention to make such limitation, preference, or discrimination; 3 . Refuse to sell, lease or rent after making of a bona fide offer, or refuse to negotiate the sale, lease or rental of any dwelling or otherwise make unavailable or deny a dwelling within the city to any person because of race, color, creed, religion, sex, national origin, age, ancestry, familial status, or handicap. 4 . Falsely represent to any person because of race, color, creed, religion, sex, national origin, age, ancestry, familial status or handicap that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available; 5 . Discriminate or to participate in discrimination in connection with borrowing or lending money, guaranteeing loans, accepting mortgages or otherwise obtaining or making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any real estate in the city or otherwise financing a real estate transaction on the grounds of race, color, creed, religion, sex, national origin, age, ancestry, familial status, or handicap; 6 . Delay the processing or denying a loan or other financial assistance to a person applying therefore for the purpose of purchasing, constructing, improving, repairing, or -12- em maintaining any real estate in the city, or to discriminate in the fixing of that amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance because of race, color, creed, religion, sex, national origin, age, ancestry, familial status, or handicap; 7 . Solicit for sale or lease or listing for sale or lease, any real estate within the city by representations regarding the present or prospective entry into any neighborhood of a person(s) of a particular race, color, creed, religion, sex, national origin, age, ancestry, familial status, or handicap; 8 . Distribute or cause to be distributed written material or statements designed to induce any owner of real estate in the city to sell or lease his property because of any present or prospective change in the race, color, creed, religion, sex, national origin, age, ancestry, familial status, or handicap of persons in the neighborhood; elk 9 . Deny a person access to, or membership or participation in any multiple listing services, real estate brokers ' organizations, or other services, organizations, or facility relating to the business of selling or renting dwellings or to discriminate against any person in the terms or conditions of such access, membership or participation because of race, color, creed, religion, sex, national origin, age, ancestry, familial status, or handicap; 10 . Enter into a listing agreement which discriminates against any person because of race, color, creed, religion, sex, national origin, age, ancestry, familial status, or handicap; 11 . Discriminate in appraising the value of real estate in the city or in the sale of insurance in connection with a real estate transaction because of race, color, creed, religion, sex, national origin, age, ancestry, familial status, or handicap; 12 . Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on eft account of his having exercised or enjoyed, or on account of his having aided or encouraged any -13- other person in the exercise or enjoyment of any right granted or protected by this section. 13 . a. Discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of: i) that buyer or renter; ii) a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or iii) any person associated with that buyer or renter. b. Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection with such dwelling, because of a handicap of; i) that person; ii) a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or iii) any person associated with the buyer or renter. c. For purposes of this subsection, discrimination includes : i) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so, condition permission for a modification of the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; ii) a refusal to make reasonable accommodations in rules, policies, -14- practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; iii) in connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that: a) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; b) all doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and c) all premises within such dwellings contain the following features of adaptive design; ( 1) an accessible route into and through the dwelling; (2) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (3) reinforcements in bathroom walls to allow later installation of grab bars; (4) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space; and eft. (5) compliance with the appropriate requirements of the American National -15- Standards for buildings and facilities providing accessibility for handicapped people (commonly cited as ANSI A117 . 1) suffices to satisfy the requirements of paragraph 3c. 14 . Refuse to sell or rent a dwelling because a person has a guide, hearing, or support dog. It is a civil rights violations for the owner or agent of any housing accommodation to: a. Refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny property to any blind, hearing impaired or physically handicapped person because he has a guide, hearing, or support dog; or b. Discriminate against any blind, hearing impaired or physically handicapped person in the terms, conditions or privileges of sale or rental property or in the provisions of services or facilities in connection therewith, because he has a guide, hearing or support dog; or c. Require, because a blind, hearing impaired, or physically handicapped person has a guide, hearing or support dog, an extra charge in a lease, rental agreement, or contract for purchase or sale, other than for actual damages done to the premises by the dog. 15 . Nothing in this section shall be construed to require the human relations commission to review or approve plans, designs, or construction of all covered multi-family dwellings, to determine whether the design and construction of such dwellings are consistent with requirements of paragraph 12 (c) (3) . B. No provision of this chapter requires that a dwelling be made available to a person whose tenancy would constitute a direct threat to the health or safety of others or would result in substantial physical damage to the property of others . -16- e C. No provision of this chapter, other than the prohibitions against discriminatory advertising, shall apply to: 1 . Any private sale of a single family dwelling by its owner provided that the following criteria are met: a. The owner does not own or have beneficial interest in more than three single family dwellings at any one time; and b. The owner or a member of his family was the most recent resident of the dwelling, except that if the owner does not personally reside in the house at the time of the sale or was not the most recent resident of the house prior to the sale, this exemption will only apply once in any 24-month period; and c. The home is sold without the use, in any manner, of the sales or rental facilities or services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or any employee of any such broker, agent, salesman, or person. For the purpose of this subsection, a person shall be deemed in the business of selling or renting dwellings if: i) he has, within the preceding twelve months, participated as principle in three or more transactions involving the sale or rental of any dwelling or any interest therein; or ii) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or iii) he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families . 2 . Rental of a housing accommodation in a building which contains housing accommodations for not more than four families living independently of -17- each other, if the owner actually resides in one of the housing accommodations . 3 . Rental of a room or rooms in a dwelling unit occupied by the owner of the entire premises as a family household having not more than two roomers exclusive of salaried household employees living on the premises . 4 . A religious organization, association, or society, or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of a dwelling which it owns and operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. 5 . The operation of housing units intended and operated for use and occupancy solely by persons 62 years of age or older; or provided that the following criteria are met, for units intended and operated for use and occupancy by persons 55 years of age or older, provided, however, that this exemption shall only be applicable to discrimination on the basis of familial status : a. There exists evidence of significant facilities and services specifically intended to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and b. That at least eighty percent of the units are each occupied by at least one person 55 years of age or older; and c. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for older persons 55 years of age or older. 6 . Housing shall not fail to meet the exemption requirements for housing for older persons under subsection (5) by reason of: -18- a. Persons residing in such housing as of March 12, 1989, who do not meet the age requirements of subsection (C) (5) provided that new occupants of such housing meet such age requirements; or b. Unoccupied units provided that such units are reserved for occupancy by persons who meet the age requirements of subsection (C) (5) . 3. 12.090 Complaint procedures--enforcement: Housing A. Any person allegedly aggrieved in any manner by a violation of any provision of Section 3 . 12 . 080 may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file with the staff representative, as defined in Section 3. 12 . 060, a written complaint. The human relations commission on the commission' s own initiative may also file such a complaint. 1 . Such complaints shall be in writing and shall contain such information and be in such form as required by the Secretary of Housing and Urban Development. 2 . The human relations commission may also investigate housing practices to determine whether a complaint should be brought under this section. 3 . Complaints shall be under oath or affirmation, and may be reasonably and fairly amended at any time. 4 . The human relations commission shall commence proceedings with respect to the complaint before the end of the 30th day after receipt of the complaint. B. Upon the filing of such a complaint: 1 . The staff representative shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this Chapter. 2 . The staff representative shall, not later than ten ( 10) days after such filing or the identification of an additional respondent under the paragraph C, serve on the respondent a notice -19- identifying the alleged discriminatory housing practice, advising such respondent of the procedural rights and obligations of respondents under this section together with a copy of the original complaint. a. Upon receipt of such notice from the staff representative, a respondent may be required by the department to file a response to the allegations contained in the complaint within two days of the date on which the notice was served to the respondent. Such response shall be served to the complainant or to his representative and to the human relations commission. 3. The staff representative shall make an investigation of the alleged discriminatory housing practice and complete such investigation within 100 days after the filing of the complaint, unless it is impracticable to do so. If the staff representative is unable to complete the investigation within 100 days after the filing of the complaint, the staff representative shall notify all parties in writing of the reasons for not doing so. C. Additional respondents. A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of an investigation, may be joined as an additional or substitute respondent upon written notice, under paragraph B, to such person, from the staff representative. Such notice, in addition to meeting the requirements of paragraph B, shall explain the basis for the staff representative' s belief that the person to whom the notice is addressed is properly joined as a respondent. D. Conciliation and investigative report. During the period beginning with the filing of a complaint under this section and ending with the filing of a charge or a dismissal by the staff representative, the commission or its designee shall, to the extent feasible, engage in conciliation with respect to such complaint. 1 . A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be -20- subject to approval by the commission or its designee. 2 . A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief. 3 . Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the commission or its designee determines that disclosure is not required to further the purposes of this chapter. 4 . At the end of each investigation under this subsection, the commission or its designee shall prepare a final investigative report containing: a. the names and dates of contacts with witnesses; b. a summary and the dates of correspondence and other contacts with the aggrieved person rand the respondent(s) ; c. a summary description of other pertinent records; d. a summary of witness statements; and e. answers to interrogatories . 5 . A final report under this paragraph may be amended if additional evidence is later discovered. E. Prohibition and requirements with respect to disclosure of information. 1 . Nothing said or done in the course of conciliation under this section may be made public or used as evidence in a subsequent proceeding under this section without the written consent of the persons concerned. 2 . Notwithstanding paragraph ( 1) , the commission shall make available to the aggrieved person and the respondent, at any time, upon request eft following completion of the commission's or its designee' s investigation, information derived from an investigation and any final investigative report relating to that investigation. -21- F. Failure to comply with conciliation agreement. Whenever the commission or its designee has reason to believe that a respondent has breached a conciliation agreement, the commission shall refer the matter to corporation counsel with a recommendation that a civil action be filed under paragraph (J) (5) of this section for the enforcement of such agreement. G. Prompt judicial action. 1 . If the commission or its designee concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this section, the commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section by petitioning the appropriate court for such relief. The petition shall be filed in the circuit court for the county in which the respondent resides or transacts business or in which the alleged violation took place, and the proceedings shall be governed by Part I of e Article XI of the Illinois Code of Civil Procedure, as amended. The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this ordinance. 2 . Whenever the commission has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this chapter, or that any group of persons has been denied any of the rights granted by this chapter and such denial raises an issue of general public importance, the commission may commence a civil action under this section. H. Reasonable cause determination and effect. 1 . The commission or its designee shall, within 100 days after the filing of a complaint, determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur (unless it is impracticable to do so) , unless the commission or its designee has approved a e conciliation agreement with respect to the complaint. If the commission or its designee is unable to make the determination within 100 days after the filing of the complaint, the commission _22_ or its designee shall notify the complainant and respondent in writing of the reasons for not doing so. 2 . If the commission or its designee determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission or its designee shall immediately issue a charge on behalf of the aggrieved person for further proceedings under subsection (K) if an election is made, or in accordance with the provisions of Section 3 . 12 . 095 if an election is not made. a. Such charge: i) shall consist of a short and plain statement of the facts upon which the commission or its designee has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur; ii) shall be based on the final ,, investigative report; and iii) need not be limited to the facts or grounds alleged in the complaint filed under paragraph a. 3 . If the commission or its designee determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission or its designee shall promptly dismiss the complaint. The commission shall make public disclosure of each such dismissal . a. Upon such dismissal, the commission or its designee shall within five days of such dismissal, serve notice to all parties involved. b. The complainant shall receive such notice of dismissal along with notification of his right to appeal . Such appeal must be made within 30 days upon receipt of notification and must be in writing to the commission. c. If the complainant exercises his right under this subsection to an appeal, the commission shall meet within fourteen ( 14 ) days of receiving such an appeal, and acting upon a -23- motion of any member, by majority vote determine to withhold the dismissal, or withdraw the dismissal and appoint one or more members to assist the staff representative in further investigation and conciliation, or hold a hearing pursuant to Section 3 . 12 .095 of this chapter. 4 . The commission or its designee may not issue a charge under this section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party seeking relief with respect to that discriminatory housing practice. 5 . After the commission or its designee issues a charge under this section, the commission or its designee shall cause a copy thereof to be served: a. on each respondent named in such charge, together with a notice of opportunity to appeal such charge within ten ( 10) days of receipt of charge, in writing to the ew commission upon which proceedings shall commence pursuant to Section 3 . 12 . 095 of this chapter. b. on each aggrieved person on whose behalf the complaint was filed. I . Subpoenas; giving of evidence. 1 . The commission or its designee shall have authority to issue subpoenas and order discovery in aid of investigation and hearings under this chapter pursuant to Section 3 . 12 . 050 of this chapter. 2 . Any person who, with intent thereby to mislead another person in any proceeding under this section: a. makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under this section or Section 3 . 12 . 095 of this chapter; b. willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or -24- c. willfully mutilates, alters, or by any other means means falsifies any documented evidence; shall be fined not more than $100,000 . J. Enforcement by the commission. 1 . Election of civil action. When probable cause is found and a charge is issued under this section, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed, may elect, in lieu of administrative proceedings under 3 . 12 . 095, to have the claims asserted in that charge decided in a civil action under subsection (K) . The election must be made not later than 14 days after the receipt by the electing person of service under subsection (H) (5) or, in the case of the commission, not later than 14 days after such service. The person making election shall give notice of doing so to the human relations commission and to all other complainants and respondents to whom the charge relates. e 2 . Hearing on absence of election. If an election is not made under subsection (J) ( 1) with respect to a charge filed under this section, the commission shall provide an opportunity for hearing or record with respect to a charge issued under this section. The hearing shall proceed pursuant to Section 3. 12 . 095 of this chapter. 3. Nothing in this section shall prohibit the conciliation of a complaint or the resolution of a charge prior to the conclusion of a hearing conducted pursuant to Section 3 . 12 . 095, except that any such resolution shall require the consent of the aggrieved person on whose behalf the charge is issued. 4 . A civil action under paragraph (G) (2) may be commenced not later than the expiration of 18 months after the date of the occurrence or the termination of the alleged discriminatory housing practice. 5 . A civil action may be commenced for appropriate relief with respect to breach of a conciliation agreement referred to corporation counsel by the commission under paragraph (F) . A civil action under this paragraph shall be commenced not later than the expiration of 60 days after the referral of the alleged breach. -25- eft 6 . In a civil action under subsection (4 ) or (5) , the court: a. may award such preventive relief, a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this chapter; b. may award such relief as the court deems appropriate, including monetary damages to persons aggrieved; and c. may, to vindicate the public interest, assess a civil penalty against the respondent: i) in an amount not exceeding $50, 000 for a first violation; ii) in an amount not exceeding $100,000 for any subsequent violation. d. may allow the prevailing party a reasonable eft attorney' s fees and costs . 7 . Intervention in a civil action. Upon timely application, any person may intervene in a civil action commenced by corporation counsel under subsection (2) or (3) which involves an alleged discriminatory housing practice with respect to which such person is an aggrieved person is a party. 8. If as a result of an administrative hearing conducted pursuant to Section 3 . 12 . 095, the commission or its designee seeks an order for relief, such relief may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the respondent: a. in an amount not exceeding $10,000 respondent has not been adjudged to have committed any prior discriminatory housing practice; b. in an amount not exceeding $25,000 if the rm respondent has been adjudged to have committed one other discriminatory housing practice during the 5-year period ending on the date of the filing of such charge; and -26- r c. in an amount not exceeding $50, 000 if the respondent has been adjudged to have committed two or more discriminatory housing practices during the 7-year period ending on the date of the filing of such charge; except that if the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraphs (b) and (c) may be imposed without regard to the period of time within which any subsequent discriminatory housing practices occurred. 9 . No such order shall affect any sale, contract, or lease consummated before the issuance of such order and involving a bona fide purchaser or tenant without actual notice of the charge filed under this section. 10. In the case of an order with respect to a e discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the commission or its designee shall, not later than 30 days after the date of the issuance of such order: a. send copies of the findings of fact, conclusions of law, and the order, to that governmental agency; and b. recommend to that governmental agency appropriate disciplinary action (including where appropriate, the suspension or revocation of the license of the respondent) . 11 . Whenever the respondent as a result of an order under this section, fails to comply with such order as issued as a result of an administrative procedure, the corporation counsel, upon the request of the commission,shall petition the circuit court in which the discriminatory housing practice is alleged to have occurred or in which any respondent resides or transacts business for the enforcement of the order of the commission or ew its designee and for the appropriate temporary relief or restraining order, by filing in such court a written petition praying that such order -27- 4 rw be enforced and for appropriate temporary relief or restraining order. K. Civil action for enforcement when election is made for such civil action. If an election is made under subsection (J) , the commission or its designee/s shall authorize, and not later than 14 days after the election is made the corporation counsel shall commence and maintain, a civil action on behalf of the aggrieved person in a district court seeking relief under this subsection. Venue for such civil action shall be determined under the Illinois Code of Civil Procedure. 1 . Any aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action. 2 . In a civil action under this subsection, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief which a court could grant with respect to such firw discriminatory housing practice in a civil action under subsection (L) . Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under subsection (L) shall also accrue to that aggrieved person in a civil action under this subsection. L. Civil action taken by private person. An aggrieved person may commence a civil action in an appropriate district court not later than two years after the occurrence or termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this chapter, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach. 1 . The computation of such 2-year period shall not include any time during which an administrative proceeding under this chapter was pending to a complaint or charge under this chapter based upon such discriminatory housing practice. This subparagraph does not apply to actions arising from a breach of a conciliation agreement. eft 2 . An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under Section 3-12-090(A) and without regard to the status of any such _28- r complaint, but if the commission has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such agreement. 3 . An aggrieved person may not commence a civil action under this subsection with respect to an alleged housing practice which forms the basis of a charge issued by the commission, if the commission has commenced a hearing of record under this chapter with respect to such charge. 4 . Upon application by a person alleging a discriminatory housing practice or a person against whom such a practice is alleged, the court may: a. appoint an attorney for such person; or b. authorize the commencement or continuation ew of a civil action under this subsection without the payment of fees, costs, or security, if in the opinion of the court such person is financially unable to bear the costs of such action. 5 . In a civil action under this subsection, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages, and subject to subsection (6 ) , may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate. ) The court may also, in its discretion, allow the prevailing party, other than the United States, a reasonable attorney's fee and costs . The United States shall be liable for such fees and costs to the same extent as a private person. 6 . Relief granted under this subsection shall not affect any contract, sale, encumbrance, or lease eft consummated before the granting of such relief and involving a bona fide purchaser, incumbent, or tenant, without the actual notice of the _29_ 1 filing of a complaint with the commission or civil action under this chapter. 7 . Upon timely application, the City of Elgin may intervene in such civil action, if the City of Elgin certifies that the case is of general public importance. Upon such intervention the City of Elgin may obtain such relief as would be available to the City of Elgin under Section (J) in a civil action to which such section applies . 3. 12.095 Hearing procedure. A. Any hearing conducted under the provisions as set forth in this chapter shall be conducted by the chairperson of the commission or other commissioner as appointed by majority vote of the commission or a hearing officer appropriately trained in equal employment opportunities or fair housing laws, as applicable to the nature of the complaint or charge. B. A hearing under this section shall be conducted at a place in the vicinity in which the discriminatory practice is alleged to have occurred or to be about to p,,, occur. C. A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain a fair hearing and a complete record. D. A hearing shall be commenced under this section no later than 30 days after the determination that a hearing shall be conducted. The commission shall in writing notify all parties of the time, date and location of the hearing no later than 72 hours prior to the hearing by certified mail . E. At a hearing under this section, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under Section 3-12 . 050 . Any aggrieved person may intervene as a party in the proceeding. The corporation counsel ' s office shall provide representation before the commission on behalf of the complainant or aggrieved person. F. All testimony shall be given under oath and all hearing shall be transcribed. ew G. All rules of procedure and regulations adopted by the commission shall preserve the right of due process -30- t e under law established with respect to civil cases in the circuit courts of the state. H. The commission is empowered to determine the facts and such findings must be made by a majority vote of the commission. I . The commission is empowered to issue an order for relief as may be appropriate, including monetary relief. In the case of an order issued pursuant to Section 3 . 12 . 080, the commission may order such relief as provided in that section including paragraph (J) . The commission shall make a final administrative disposition of a complaint within one year of the date of receipt of a complaint unless it is impracticable to do so. If the commission is unable to do so it shall notify the complainant and respondent, in writing, of the reasons for not doing so. J. Any resolution of a charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the charge is issued. eft K. Judicial Review. Any party aggrieved by a final order for relief may upon application obtain judicial review of such order in the judicial circuit in which the discriminatory housing practice is alleged to have occurred, and filing of the petition for review shall be not later than 30 days after the order is entered. The commission may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an Act of Congress or a State or local law, seeking relief with respect to that discriminatory housing practice. 3. 12. 100 Affirmative action-City contracts. A. The city shall not contract with any contractor or vendor, maintain any financial relation with any financial institution, or use the service of any labor organization or member thereof, which employs five or more person which does not first submit to the city a written commitment to provide equal employment opportunity. However when a contractor, vendor, financial institution, labor organization or member thereof is the sole source of the particular work e product or service desired by the City of Elgin and such work, product or service is essential for the -31- e efficient governmental operations of the city of Elgin such written commitment shall not be required. The written commitment required by this section shall : 1 . Set out and agree to maintain specific employment or membership practices and policies sufficient to achieve equal opportunity; 2 . Set out specific goals for participation by minority groups and female person qualified by or for training or through previous work experience. This provision will not infringe upon the right of the employer to determine the need for or qualifications of employees; 3 . Agree to submit to the city upon request written evidence of the effectiveness of the above-required practices, policies and goals; 4 . Agree to submit to the city upon request statistical data concerning employee composition or membership composition on race, color, sex and job description; 5 . Agree to distribute copies of the above commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants or members; 6 . Agree to require any subcontractor to submit to the city a written commitment which contains the provisions required by subdivisions one ( 1) through five (5) of this subsection; 7 . The written commitment required by this section may also be satisfied by filing a copy of an affirmative action program of the contractor/vendor which is in effect and which has been approved by any local, state or federal agency with jurisdiction to approve such programs . B. All such contracts by and between the city of Elgin and contractors and vendors for the purchase of the city of Elgin of goods and/or services shall contain the following clauses : "The contractor/vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical handicap which would not interfere with the -32- oft efficient performance of the job in question. The contractor/vendor will take affirmative action to comply with the provisions of this ordinance and will require any subcontractor to submit to the city of Elgin a written commitment to comply with those provisions . The contractor/vendor will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective subcontractors. " "The contractor/ vendor agrees that the provisions of Chapter 3 . 12 of the Elgin Municipal Code, 1976, is hereby incorporated by reference, as if set out verbatim. " C. Any contractor, vendor, financial institution or labor organization contracting with the city of Elgin will be required to submit to the city, upon written request by the city, compliance reports containing such information as to the practices, policies, programs and statistics of employee or membership composition on race, color, sex, age and job description, as may be prescribed by the city and will require any subcontractor to submit a compliance report upon written request by the city. The required compliance report shall be substantially in the form attached hereto as Exhibit A, a copy of which is on file in the purchasing office. D. Before a contract is let to a contractor or financial institution by the city of Elgin, or before purchases are made from a vendor, the purchasing agent or city clerk must have on file a written statement from the staff representative that the contractor, vendor, or financial institution has a present or proposed program which is approved as an acceptable equal employment opportunity or affirmative action plan for the utilization of minorities in their work force. Neither this section, nor any other section of this chapter, shall be construed to prevent the city manager or department heads from authorizing or doing business with contractors or vendors for emergency services or supplies . E. In the event that any contractor, vendor, financial institution or labor organization contracting with the city of Elgin fails to comply with the fair employment and affirmative action provisions of this section, the city of Elgin, in its discretion, may: 1 . Cancel, terminate or suspend the contract in whole or in part; -33- Oak 2 . Declare the contractor, vendor, financial institution or labor organization ineligible for further contracts for a calendar year; 3 . Recover from the contractor or vendor by setoff against the unpaid portion of the contract price, or otherwise pursuant to this contract, the sum of fifty dollars per day, as liquidated damages and not as a penalty, for each day that the contractor or vendor shall fail to comply with these provisions of the contract, as determined by the city council after recommendation by the human relation commission in accordance with its rules, the said sum being fixed and agreed upon by and between the contractor and the city because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the city would sustain in the event of such a breach of contract, and said amount is agreed to be the amount of damages which the city would sustain; 4 . Impose such other sanctions as may be recommended by the human relations commission pursuant to e this section or other ordinances . Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Geo VanDeVoorde, Mayor Presented: July 22, 1992 Passed: July 22, 1992 Vote: Yeas 5 Nays 0 Recorded: July 23, 1992 Published: Attest: Dolonna Mecum, ity Clerk -34-