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HomeMy WebLinkAboutORD 3807 a-ma..,.�.� �✓� 3 l9 I Sas/ 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 -1- 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II (Commissions and Boards) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby repealed in its entirety and existing subsections (A) , (F) and (I) of said Section are hereby amended as follows : Section 2-1003 (A) , as amended: Study, advise and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 -2- 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 -3- 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. -4- (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. -5- 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, 6- 4 - 1 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. 2z2- a e 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 -7-