HomeMy WebLinkAboutORD 3807 a-ma..,.�.� �✓� 3 l9 I
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Amended by ORD #4420 SIBS
CITY OF PENTON, WASHINGTON
ORDINANCE N0. 3807
AN ORDINANCE OF THE CITY OF IENTON, WASHINGTON,
AMENDING CHAPTER 10 of TITLE II (COMMISSIONS
AND BOARDS) OF ORDINANCE NO. 1628 ENTITLED
"CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON" RELATING TO THE COMMISSION ON HUMAN
RIGHTS AND AFFAIRS
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS :
SECTION I: Existing Section 2-1001 of Chapter 10, Title
II (Commissions and Boards) of Ordinance No. 1628 entitled "Code of
General Ordinances of the City of Renton" is hereby amended as follows :
Section 2-1001 , as amended: DECLARATION OF POLICY;
DEFINITIONS : The City Council herewith finds that all forms of
prejudice and the general practice of discrimination against any
individual group or organization by reason of race , color, creed, national
origin, age, sex, the presence of any sensory, mental or physical
handicap, or marital status have a detrimental effect on the public -__
welfare and well being. To eliminate such prejudice and discrimination
an instrumentality should be established through which the citizens of
the City of Renton may be kept informed of developments in human
relations , the employees and officials of the City may obtain expert
advice and assistance in wholesome practices to keep peace and good
order and private persons , groups and organizations may be officially
encouraged and advised to promote tolerance and good will toward all
people.
DEFINITIONS : Whenever a word is used herein, the definition
given to that word shall be that of RCW 49 . 60 . 040 .which is incorporated
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herein as if fully set forth, one copy thereof being filed with the
City Clerk of the City of Renton, as required by law.
SECTION II: Existing subsection (H) of Section 2-1003 of
Chapter 10 , Title II (Commissions and Boards) of Ordinance No. 1628
entitled "Code of General Ordinances of the City of Renton" is hereby
repealed in its entirety and existing subsections (A) , (F) and (I)
of said Section are hereby amended as follows :
Section 2-1003 (A) , as amended: Study, advise and investigate
mediate and hold public meetings on community-wide problems arising in
the City of Renton which may result in intergroup tensions or discrimina-
tion on the basis of race , color, creed, national origin, age, sex, the
presence of any sensory, mental or physical handicap or marital status .
Section 2-1003 (F) , as amended : In order to not duplicate
the efforts of the State Human Rights Commission or any Federal or
other State agency, the Commission shall establish internal rules as to
when and at what point in the handling of a complaint a complaint
should be referred to a State or Federal Agency .
Section 2-1003 (I) , as amended : Direct , seek legal advice
and cooperate with the office of the City Attorney in the areas of
Human Rights and Affairs duties .
SECTION III : Existing Section 2-1006 of Chapter 10 , Title
II (Commissions and Boards) of Ordinance No. 1628 entitled "Code of
General Ordinances of the City of Renton" is hereby amended as follows :
Section 2-1006 , as amended: COMPLAINTS, ADJUSTMENT AND
SETTLEMENT THEREOF: PROCEDURES :
(A) Upon the filing with the Commission of a Written
complaint duly sworn to by any person or persons , their attorney
or a member of the Commission specifying in detail that an unfair
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practice has occurred as herein defined, the Commission, or any member
thereof so designated, or a staff designee of the Commission, shall
conduct a prompt investigation thereof. If, upon such investigation,
it is determined that there is no probable cause' to believe that
the person charged in the complaint is engaged in or is engaging in
such unfair practice, such findings , in writing, shall be filed with the
Commission and the complaint thereupon shall be dismissed unless a hearing
is requested by the complaining party within ten (10) days after such
findings has been made . If, however, upon such investigation, it
is found that probable cause exists for the allegations made in the
complaint, then the Commission, or a designated member or staff, shall
take appropriate steps to enaeavor to eliminate the unfair practice
charged in the complaint by means of conciliation and persuasion. All
proceedings under this subsection shall be governed by the provisions
of subsection (B) hereof relating to strict confidentiality of evidence
and information given to or obtained by the CommissiQi�, or any member
of its staff. In furtherance of such conciliation and persuasion, the
Commission may make specific recommendations to the parties involved,
but such recommendations shall not constitute a decision, finding of
fact, judgment or order of the Commission, or be binding upon or
be admissible in any court in any subsequent proceeding or hearing
brought under the terms of this Chapter.
(B) All evidence and information given to or
obtained by the Commission, any member or its staff, in any
proceedings under the provisions of subsection (A) hereinabove shall
be confidential . No such evidence or information shall be divulged
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or revealed to any person other than the parties to the proceedings ,
members of the Commission and its staff, and the City Attorney.
Violation of this subsection shall be deemed to be misconduct on
behalf of the employee or Commission member guilty of such violation and
shall constitute probable cause of appropriate disciplinary action or
dismissal by the Mayor' s office of the City of Renton. In case of a
Commission member, such action shall be taken with the concurrence of
the City Council after due hearing.
(C) The voluntary giving or furnishing of any information or evidence
to the Commission in any proceedings under the provisions of this Section
shall not constitute a waiver of any legal or constitutional privileges
or defenses .
(D) If the party committing an unfair practice complies with
the recommendations of the Commission the matter shall be deemed
settled and terminated and no other proceedings shall be had or taken.
(E) If, upon the evidence presented, the Commission finds that the
respondent has not engaged in any unfair discriminatory practice, it shall
state its findings of fact in writing and dismiss the complaint and
advise all parties accordingly.
(F) If the complainant is dissatisfied with the finding made
pursuant to subsection (E) hereof, he/she may petition the Commission
for a reconsideration of the matter and such petition shall be submitted
not later than ten (10) days from the date of such finding made by
the Commission.
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(G) Arbitration of Contested Complaint : If the parties
to a contested complaint agree in writing, the Commission may serve
as an arbitrator of a dispute. The Commission may take evidence,
make findings of fact and issue .a decision. If, upon all the evidence
presented, the Commission finds that the respondent has engaged or is
engaging in an unfair discriminatory practice, as defined in this
Chapter, it shall issue such order in writing as the facts warrant to
effectuate the purposes of this Chapter. Such order may require the
respondent to cease and desist from such unfair discriminatory practice
and to take such affirmative action as is necessary to effectuate the
purpose of this Chapter. Orders to take affirmative action may
include the following : the hiring, reinstatement or upgrading of
employees , with or without back pay; admission or restoration to
membership in any respondent labor organization; the selling, renting,
or leasing or a housing accommodation or housing accommodations upon
equal terms and conditions and with such equal facilities , services
and privileges and any other order , which, in the judgment of the
Commission will effectuate the purposes of this Chapter and are
warranted by a preponderance of the facts presented at the hearing.
(H) Should the Commission' s efforts to m6diate..., a resolution
of a complaint be unsuccessful and should one or both of the parties
refuse to submit the matter to arbitration, then the Commission shall
refer the complaint to the Washington State Human Rights Commission or
such other appropriate State or Federal Agency.
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t
Should the Complaint involve the City of Renton or any other
governmental agency, then the Commission shall refer the complaint
to the Washington State Human Rights Commission or such other appropriate
State or Federal agency.
(I) Notwithstanding any provision or procedure hereinabove
set forth relating to complaints filed with the Commission, the Commission
reserves the right to refer any complaint or matter under investigation
to theWashington State Human Rights Commission for such appropriate
action as it deems necessary; in addition thereto , the City of Renton,
acting by and through the Human Rights and Affairs Commission, may
enter into cooperative agreements with the Washington State Human
Rights Commission as set forth in RC11 49. 60 . 226, or pursuant to the
terms of the interlocal government cooperation act known as RCW 39 . 34. 080.
SECTION IV: Existing Section 2-1007 of Chapter 10 of
Title II (Commissions and Boards) of Ordinance No. 1628 entitled
"Code of General Ordinances of the City of Renton" is hereby amended
to read as follows :
Section 2-1007 , as amended: PROCEDURE, MEETINGS ,
INTERPRETATION: The provisions of this Ordinance shall be .construed
liberally for the accomplishment of the purposes set forth� in this
Chapter. Nothing contained herein shall be deemed to amend, repeal
or modify any of the provisions of any civil rights law or any other
law of the Federal or State Government, or any other provisions of
this Code relating to discrimination because of race, color, creed,
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national origin, age, sex, the presence of any sensory , mental or
physical handicap or marital status as defined in this Chapter.
The. Commission shall establish a regular time and place of
meeting and shall hold at least one regular meeting each month, should
there be business pending as old business before the Commission, or
any new business awaiting action by the Commission. No regular monthly
meeting need be held if there is no old or new business pending before
the Commission.
The Commission shall not process or investigate any complaint
if the same or similar complaint has been filed or is pending with
any State agency having jurisdiction thereover.
SECTION V: Existing Section 2-1010 of Chapter 10 , Title
II (Commissions and Boards) of Ordinance No . 1628 entitled "Code of
General Ordinances of the City of Renton" is hereby repealed in its
entirety.
SECTION VI : This Ordinance shall be effective upon its
passage, approval and thirty (30) days after its publication.
PASSED BY THE CITY COUNCIL this 23rd day of April , 1984.
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Maxine . Motor , City Clerk--
APPROVED BY THE MAYOR this 23rd day of April , 1984.
Bar ara Y. S inpobh Mayor
Approved as to form:
Lawrence J. W en, City Attorney
Date of Publication: April 27, 1984
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