HomeMy WebLinkAboutORD 3191 , �
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• }� � , � AMENDS ORD. #2775, 2855 & 3080
^ Amended by ORD ��4420_ , 4650
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CITY OF RENTON, WASHINGTON
ORDINANCE N0 .3191
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON;
AMENDING CHAPTER 10 of TITLE II CCOMMISSIONS AND �,
BOARDS) OF ORDINANCE N0 , 1628 ENTITLED "CODE OF '
GENERAL ORDINANCES OF THE CITY OF RENTON'� RELATING
TO THE "COMMISSION OF HUMAN RIGHTS AND AFFAIRS"
PROVIDING FOR DEFINIT.ION, POWERS , DUTIES AND �I
JURISDICTION OF THE COMMISSION, ENFORCEMENT AND
OTHER MATTERS RELATII�G TO SAID COMMISSION.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO
ORDAIN AS FOLLOWS :
SECTION I: Existing Section 2-1001 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 I
�� to read as follows:
Section 2-1001, as amerided : 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 beirig; that to eliminate such
prejudice and discrimination an instrumentality should be established
through which the citizens of the City of Renton may be kept informed !I
of developments in human relations, the emp�oyees and officials I
of the City may obtain expert advice and assistance in wholesome
, practices to keep peace and good order and private persons , groups
and org�zations may be officially encouraged and advised to promote
' tolerance and good will, actively, toward all peoples, Freedom from
discrimination as further defined in RCW 49 . 60 , 030 , or as same may
be hereafter amended, is hereby incorporated herein as if fully set
forth.
DEFINITIONS : For the purpose of this Chapter the
following terms , phrases , words and their derivations shall have the
meaning given herein;
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A. The words "discriminate: , "Discriminates" or
"discrimination'� wherever used in this Or..d�iriari�� are he�eby tl�fined
and declared :to mean and include discrimination on the grounds of
race , color, creed , national origin, age , sex, the presence of any
sensory, mental or physical handicap, or marital status pr.ovided,
however, that the prohibition against discrimination because of such
physical handicap shall not apply if the particular disabili�ty
prevents th.e proper, safe and satisfactory performance of a partiuclar
worker involved.
B . The term "person" includes one or more individuals ,
partnerships , associations , organizations , corporations;� labor
organizationsz cooperatives ? legal representatives, trustees ,
trustees in bankruptcy, receivers or any group of persons ; it
includes any owner , lessee, proprietor, manager, agent or employee ,
whether one or more natural persons ; and further includes any agency
or instrumentality of the City or of any political or civil sub-
divison thereof.
C. The term "commission" means the "Commission of Human
Rights and Affairs'.' of the City of Renton,
D, Th.e term "employer" includes any person acting in the
interests of an employer, directly or indirectly, who has any
persons in his/her or its employment..
E. The term "employee" shall mean any person acting in the
employ of an empooyer as hereinabove defined, but such term shall
not include any individual employed by his parent , spouse or child,
F. The term "labor organization" includes any organization
which exists for the purpose, in whole or in part, of deal2rig
with employers concerning grievances or terms or conditions of �
employment, or for other mutual interests or protection in
connection with any employment.
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G. The term ''employment agency" includes any person under- '
taking, with or without compensation, to recruit, procure, refer or
place employees for an employer .
H. The term "public accommodation" includes any establish-
ment which caters or offers its services, facilities or goods to
the general public.
I . The term '`'educational institution" includes any public I
or private school or training center except those affiliated with a
' bona fide religious institution which may give preference to members
of their religious group in selecfing its students .
J . The term "owner" means any person having the legal right
of ownership or possession or the legal right to sell, rent or lease �
, any housing unit including, but not limited to, a lease , sublease or
, managing agent�
K. The term '�real property" includes buildings , structures ,
real estate , lands , tenements , leaseholds , interests in real estate
cooperatives , condominiums , or any interest in such real property as
defined herein. PROVIDED, HOWEVER, that nothing herein contained shall
be construed to include or app� to any columbarium, mausoleum or
cemetery operated or mainteained by a bona fide religious or sectarian '�
institution.
L. The term "real estate transaction�'� includes the sale,
exchange, purchase, rental or lease of real property.
M. The term ''complaizant" includes any individual alleging �
on his/her own behalf to have been personally aggrieved by an unfair
� di:scriminatory practice , or a member of or the Commission alleging I
that an unfair discriminatory practice was committed against a person
or class of persons other than themselves , ,
N. The term "respondent" includes any person or entity against
whom a complaint or charge of unfair practice is filed with the
Commission.
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SECTION II ; Exis�Ging Section 2-1002 of Chap-�er 10 of
Title II (Commissions �.d Boards) o� Ordinance No .1628 en�itled
„Code of General Ordinances of the City of Renton" is hereby amended
� to read as follows :
Section 2-1002 , as amended: CREATION OF COMMISSION:
' There is hereby established and created a Commission ta be known
as the "Commissian on Human Right� and Affairsi' consisting a� seven
(7 } members . 'I'he members of the Com.m�sion shall be representative
of a cross-section o� the citizens af this communi-�y, including I
members af minority groups , Members shall cansiat of �hose persons �
wha have demanstrated an in�erest andlor expertise in eivil or human i
righ�s and who are willing �o promote -:actively the g4als of the
Commissian. Prospective new members may be interviewed by a majori-�y
of the Commission members for recammendation -to �he Mayor for appoint-
ment with confirmation by a majority vote of the Counci.l .
A. All of the member� �hall serve without ct�mpensation
bu� may be reimbursed for any per�onal expense incurred in performance �
of their duties , and as authorized by Iaw. The member� of the Commission
shall appoint one of �heir members as chairperson, and one other member
as secre�ary, and said persons �hall �erve in sazd capacity for
the period of one year or until tlieir successors have been elected I
by the members. 'I
B . Members of �he Commis�ion shall be appointed by the
Mayor, subject to canfirmatian ar coneurrence by a majority of
Council member� for a period of two ( 2) years; ea.ch �uch member shall
� ser�ve until hi.s or her successor has been appointed and qualified� �
No member shall serve more than two ( 2) consecutive terms , An.y
I vacancy an the Commi.ssian shall be filled for the unexpired term
in the sa�e mann�rr as �he original appointmen�, The appoin-ti.ng
� authority has the right to remove any member of �he Commission for
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� good cause shown wi�h concurrence of the City Council after due
ihearing.
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C. A majority of the members so appointed shall constitute I
a quorum for the purpose of conducting the business of the Commission,
and its proceedings shall be governed by Roberts Rules of Order. �
SECTION III : Existing Section 2-1003 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 2-10�03 ,' as' amerided : DUTIES� AND POWERS` OF COMMISSION:
In addition to other powers and duties set forth in this chapter,
the Commission shall have the power and duty to :
A. 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 discrimination on the basis of
race , color, creed, national origin? age, sex, the presence of any
sensory, mental or physical handicap or marital status . In the
performance of its duties under this subsection, the Commission
may compel the attendance of any person whose testimony is relevant
and reasonably necessary to its inquiry. Persons subpoenaed may be
compensated for their appearance in the amount of the standard
witness fee set forth in City ordinances .
B. Advise and recommend to the Mayor and City Counci.l
ways and means of discouraging and combating discrimination, prejudice ,
intolerance and bigotry in all groups and in their relationships
with one another.
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C. Prepare and dlsseminate educational and inform tion 1
material relating to prejudice and discrimination and ways and means
of eliminating such prejudice and discrimination.
D. Tnform and advise the public of false information
which is not in the public interest or which. tends to foster or
encourage prejudice or intolerance toward any person or group.
E. Consult with and maintain contact with other public
agencies and with representatives of employers , labor unions ,
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property owners , associations , realtor associations� religious de-
nominations and institutions , professional associations, national
origin groups , community organizations concerned with interracial,
interreligious and intercultural understanding, social welfare
organizations and any such other organizations and institutions ,
as directed by the City Council or as the Commission shall deem
advisbale to further the objectives of this chapter,
F. Investigate and attempt to mediate all incidents of
discreimination within the scope of this chapter to the extent
such functions are not within the exclusive responsibilities of the
S�ite Human Rights Commission or any Federal or other State agency,
and make specific and detailed recommendations to the interested
parties as to the method of eliminating such discrimination.
G, Investigate and act on alleged patterns or practices
of discrimination, whether such allegations are made by or on behalf
of a person claiming to be aggrieved or by a member of the Commission. i
' All such actions shall be conducted in accordance with the procedure
set forth in Section 2-1006 of this chapter and with any applicable
Federal, State or local law, ordinance, or rule or regulation. II
H, Hold public hearings , subpoena witnesses for attendance '
at such hearings � subpoena documents and records during the investi-
gation of any matter, take testimony of any person under oath,
make findings of fact, issue orders , and do all things necessary
and proper for the enforcement of this chapter. Subpoenas issued
under this section shall be signed by the Commission Chairman and '
prepar.ed under the direction of the City Attorney,
T . Direct ? seek legal advice and cooperate with the office
of the City Attorney in the areas of Human Rights and �f�airs duties .
J. Perform such other functions and duties as may be
requested by Mayor and/or City Ca�ncil or prescribed or authorized
by any resolution or ordinance of the City.
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In defining and prescribing the above duties and functions
of the Commission�? it is not the intent of the City Council to
duplicate or overlap functions , duties or responsibilities hereto-
fore or hereafter assigned to any department or board or committee
of the City or the responsibilities of the Chief Executive relating
to non-charter code cities under the Optional Municipal Code. Upon
request, the Commission shall render assistance , cooperation and
recommendations to all public officials , departments and public
or private organizations or individual citizens.
Sec't 'iori 2-1'004: APPOINTMENT OF SUB-COMMITTEES : A I
majority of the members of the Commission may name such sub-committee I'
or sub-committees as in its judgment will aid in effectuating the
purpose o� thi,s Ordinance and may empower any such sub-committee
to study the problems o� prejudice, intolerance, bigotry and dis-
crimination �n all or any fields of human relationship within the
puryiew of this Ordinancex
�� S��`t'i:o7i 2=10'Q'5 n, � �INV'ES'�IGATIONS , PUBLIC HEARING', RESEARCH:
Commission shall recei,.ye and investigate complaints and initiate its
own investigation of tensions � practices of discrimination, and acts
o� �xejudi.ce against any person, group or organization by reason of ,
race � col.or, creed? nati:onal origin, age � sex, the presence of any
sensory, mental or phys�:c a, l handicap, or m�ital status and may
conduct public hearings w�.th regard thereto ; carry on research, obtain
f actual data, azd conduct .public hearings to ascertain the status
a.nd trea�t�nent of racial, religious , ethnic and similar groups in
the Ci,ty, and the best means of progressively improving human relations ;
and make .such recommendations to the Mayor and City Council as in
its �udgment will effectuate the policies and goals of th.is
OrdirianceR
SECTTON IV ; Existing Section 2-10..�.6 qf Chapter. 7�0. o�
Title II (Commissions and Boards) of Ordinance Nos 16.28 entitled
� "Code of General Ordi,nances o� the City of Renton" is hereby amended
to read as follows ;
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Section 2-1006 , as amerided: 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
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 probably 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 h_earing is requested by the complaining party
within ten (10) days after such finding has been made. If, however,
upon such 1.�vestigation, it is found that probably cause exists for ,
the allegations made in the complaint, then the Commission, or
a designated member, or staff, shall take appropriate steps to II�
endeavor ot eliminate the unfair practice charged in the complaint
by means of conciliation and persuasi�n. �11 proceedings under this '
subsection shall be governed by the pr'ovisions o.f subsection B
hereof relating to strict confidentiality of evidence and information
given to or obtained by the Commission, any member of its staff. In
furtherance .c� such conciliation and persuasion, the Commission may
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make specific recommendations to the parties involveda 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 Chaptert
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 confidential4
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No such evidence or information shall be divulged or revealed to
any person other than the parties to the proceedings , members of the
Commission and its staff, and the City Attorney, or unless used in
a hearing held under Part C of this section. Vidation of this
subsection shall be deemed to be misconduct on behalf of the
employee or Commission member guilty of such violation, and shall
constitute probably cause of appropriate disciplinary action or I
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 theprovisions
of this section shall not constitute a waiver of any legal or
constitutional p�ivileges or defenses .
D. Tf 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, zf upon all 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 dateof
such finding made by the Commission.
G . T� the Commission, any one member so designated, or
its staff is unable to eliminate an unfair discriminatory practice
as defined by applicable law by means provided in this section, it
may, within its discretion, order a public hearing, The City
Attorney o� his representative shall present the evidence in support
of the complaint. Tf, upon all the evidence presented, the Commission I
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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 e�fectuate 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 of
a housing accommodation or housing accommodations upon equal terms
and cond�tions and with such equal facilities , services and privileges I
and any other order, which, in the judgment of the Commission wiil
effectuate the purposes of this chapter and are warranted by a �
preponderance of the facts presented at the hearing.
H. The Commission shat_1 petition the Superior Court in and
for the County of King for enforcement of any order which is not I
complie.d with and is issued by the Commission under theprovisions of
this chapter and for appropriate temporary relief or restraining
order, and shall certi�y and file in court, a transcript of the entire
record of the proceedings , including the pleadings and testimony upon
which such order was made and the written findings and orders of the
Commission. In add�tion to complying with all applicable Superior
Court rules, the Commission shall cause a notice of the petition to
be sent by certified mail within five (.5) days after filing such
petition in court to all parties or their legal representatives . �
z. Any respondent or complainant aggrieved by any f�nal
order of the Commission may obtain a review of such order in the
Superior Court in and for the County of Kingt
J, Unless otherwise directed by the Superior Court,
commencement of review proceed�ngs under this section shall operate
as a stay o� any oxdex of the Commission.
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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 the Washington 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 RCW 49 . 60 .. 226 , or� pursuant
to the terms of the interlocal government cooperation act known
as RCW 39 . 34 . 080 . _
Zn addition to the discriminatory practices hereinabove
def ined, those unfair discriminatory practices as specified in
RCW 49 ..60 .176 , 178 ? 180 , 190 , 200 , 210 , 215 , 220 , 222 , 223 , and
224, are hereby incorporated as if fully set forth,
SECTION V; Existing Section 2-1007 of Chapter 10 of
Title IT (Commissions and Boards) of Ordinance No, 1628 entitled
"Code of General Ordinances of the City o� Renton" is hereby
amended to read as follows:
Section 2-1007 , as amended; PROCEDURE, MEETING'S , INTERPRETATION :
The provisions of this prdinance shall be construed liberally for the
accomplishment of the purposes set forth n this chapter. Nothing
contained herein shall be deemed to amend, repeal, or modify any of
the provisions of any civ�l rights law or any other law of the Federal
or State Government, or any other provisions o� this Code relating
to discrimination because of race, color, cxeed, national origin, age ,
sex, the presence of any sensory, mental or physical handicap or
I marital status as defined in th� chapter.
The Commission shall establish a regular time and place
of ineeting and shall hold at least one regular meeting each month,
Special meetings may be called by the chairman or by a simple
majority of those Commission members duly appointed and acting in
office upon personal notice being given to all �embers or written
notice being mailed to each member at least twenty four ( 24) hours
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prior to date of such meeting, unless such notice requirement is
waived in writing and further subject to the provisions of the
"open public meeting law'' � A simple majority of those commission
members duly appointed and acting in office at any given time shall
constitute a quorum of the Commission at that time. The affirmative
vote of at least a majority of those commissioners present at any
given meeting is required to take any official action at such meeting.
Provided, however, that a majority vote of the entire Commission
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shall be required for a fi.nding or decision of the Commission that
a particular case should be certified to the City Attorney for
appropriate legal action pursuant to Section 2-1006 hereinabove..
The Commission shall not process or investigate��any� �7
complaint if the same or similar complaint has been filed or is
pending with any State agency having jurisdiction tl�eover unless
such State agency and tlie Commission are proceeding under the provisions
of Section 2-1006 hereinabove or one of the agencies agrees to
defer further action itnto the other for the purpose of expecliting
such hearing and determination. The purpose of this subsection is to
prevent any duplication or overlapping of complaints and their
investigation thereof by two separate agencies at the same time.
SECTION VI There are hereby added tow subsections to
existing Chapter 10 of Title II (Commissions and Boards) of
Ordinance No. 1628 entitled "Code of General Ordinances of the
City of Renton" as follows ;
SEVERABILITY: If any section, subsection, subdivision,
sentence , clause or phrase of this chapter is for any reason held
� to be unconstitutional or void, such decision shall not affect the
validity of any of the remaining portions of this chapter,
CITY COUNCIL REVIE[�: The Commission shall submit unto
the City Council, by January 31 of each year, a summary of all actions
' taken by th.e Commission, including the investigation of complaints
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and disposition thereof, during the preceding year so that the City
Council may fully review the manner in which the Human Rights and
Affairs Commission has implemented and enforced the provisions of
this chapter,
Section 2-1008 : PENALTIES : Any person, firm, partnership
or corporation willfully violating any final written order or
determination made by the Commission shall be guilty of a misdemeanor '
and upon conviction thereof in Municipal Court, or any other court
having jurisdiction hereover, shal'1 be fined in any sum not exceeding
five hundred dollars C$500 .. 00)
SECTION VII : Any and all ordinances or parts of ordinances
in conflict h.erewith are hereby repealed,
SECTION VIII : This Ordinanc�e sh��� be effacti�ie ta:�on �ts
passage , approval and five days after its publication.
PASSED BY THE CITY COUNCIL this 9th day of January f_� -1978. _
D�O�.��� Q.
Delores A,, Mead, City (�1erk
APPROVED BY THE MAYOR this 9th day of January,r� 1978. -'_:
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Charles�,dt Delaurentl, Mayor
Approved as to form;
C���
Lawrence J.. Warr�n, Act�ng City Attorney
Date of Publication: 1/13/78