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HomeMy WebLinkAboutORD 3191 , � . . , ' , .'�� ,� ' .. ' .:1. �� � / ' � • }� � , � AMENDS ORD. #2775, 2855 & 3080 ^ Amended by ORD ��4420_ , 4650 5155,� - 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; -1- � , � � . 6 � . 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. -2- , , , • . • • , , 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. -3, . -- — ' • . ,:. � • , �� . . � » ' . , � . , . . � � I � � 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 ( � good cause shown wi�h concurrence of the City Council after due ihearing. _y._ 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. a a 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 , -5-- I . � ' , 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. -6- �II 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 ; -7- . ... 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 �I 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 _gs . • - 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 -9- 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. , -10- 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 • ' � • i, - ` ,- , . � , 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 a 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 =12- �! � , . . � . • _ , , � . f • s • . . . ., ,. �. � 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. -'_: ���.�.���!' =� ,��' . � Charles�,dt Delaurentl, Mayor Approved as to form; C��� Lawrence J.. Warr�n, Act�ng City Attorney Date of Publication: 1/13/78