ORDINANCE NUMBER 14-10735
AN ORDINANCE AMENDING SALINA CODE SECTIONS 13-1, 13-2, 13-58, 13-59, 13-60, 13-131, 13-141, 13-147 AND 13-149 PERTAINING TO THE RENAMING OF THE HUMAN RELATIONS DEPARTMENT TO THE COMMUNITY RELATIONS DEPARTMENT AND REPEALING THE EXISTING SECTIONS.
BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Background. By Resolution No. 14-7090 adopted on April 21, 2014, the Governing Body authorized the renaming of the Human Relations Department to the Community Relations Department. This ordinance amends those sections of the Salina Code which refer to the department by name to refer to the Community Relations Department.
Section 2. Amendment. Salina Code Sections 13-1, 13-2, 13-58, 13-59, 13-60, 13-131, 13-141, 13-147 and 13-149 are amended to provide as follows:
Sec. 13-1. Declaration of policy.
(a) The practice or policy of discrimination against individuals by reason of race, sex, familial status, disability, religion, age, color, national origin or ancestry is a matter of concern to the city since such discrimination threatens not only the rights and privileges of the inhabitants of the city but menaces the institutions and foundations of a free democratic state. It is hereby declared to be the policy of the city to eliminate and prevent discrimination in all employment relations, to eliminate and prevent discrimination, segregation or separation in all areas of public accommodations, and to eliminate and prevent discrimination, segregation or separation in housing as provided in this chapter.
(b) It is also declared to be the policy of [this] city to assure equal opportunities and encouragement to every citizen regardless of race, sex, disability, religion, age, color, national origin or ancestry, in securing and holding, without discrimination, employment in any field of work or labor for which a person is properly qualified or qualifiable, to assure equal opportunity to all persons within the city to full and equal public accommodations, and to assure equal opportunities in housing without distinction on account of race, sex, familial status, disability, religion, color, national origin or ancestry. It is further declared that the opportunity to secure and to hold employment, the opportunity for full and equal public accommodations as covered by this chapter and the opportunity for full and equal housing are civil rights of every citizen. To protect these rights, it is hereby declared to be the purpose of this chapter to establish and to provide a city human relations commission and a community relations department.
Sec. 13-2. Definitions.
When used in this chapter, the following words and phrases shall have the meaning indicated. This chapter prohibits discrimination based upon sex, and accordingly, the personal pronouns and gender of nouns used in this chapter shall not be construed as limiting the provisions of this chapter to one or to the other sex:
Age means an age of forty (40) or more years but less than seventy (70) years.
Chairperson means the person chairing the human relations commission created by this chapter.
Commission means the human relations commission created by this chapter.
Complainant means any person claiming to be aggrieved by any unlawful discriminatory practice or violation of this chapter.
Contract means any contract entered into by the city or any of its agencies.
Contractor means any individual, partnership, corporation, association or other entities entering into a contract with the city and who is an employer as herein defined.
Director means the director of the community relations department.
Disability means, with respect to an individual:
(1) A physical or mental impairment that substantially limits one (1) or more of the major life activities of such individual;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment by the person or entity alleged to have committed the unlawful discriminatory practice complained of.
"Disability" does not include current, illegal use of a controlled substance as defined in section 102 of the federal controlled substance act (21 U.S.C. 802), in housing discrimination. In employment and public accommodation discrimination, "disability" does not include an individual who is currently engaging in the illegal use of drugs where possession or distribution of such drugs is unlawful under the controlled substance act (21 U.S.C. 812) when the covered entity acts on the basis of such use.
Dwelling means any building, structure or portion thereof which is occupied as, or designated or intended for occupancy as, a residence by one (1) 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.
Employee means any person employed by an employer but does not include any individual employed by such individual's parents, spouse, or child, or in the domestic service of any person.
Employer includes any person in the city employing four (4) or more persons, and any person acting directly or indirectly for an employer, labor organizations, nonsectarian corporations, organizations engaged in social service work, and the City of Salina and all political and municipal subdivisions thereof, but shall not include a nonprofit fraternal or social association or corporation.
Employment agency includes any person or governmental agency undertaking, with or without compensation, to procure opportunities to work or to procure, recruit, refer or place employees.
Familial status means having one (1) or more individuals less than eighteen (18) years of age domiciled with:
(1) A parent or another person having legal custody of such individual or individuals; or
(2) The designee of such parent or other person having such custody, with the written permission of such parent or other person.
The protections against discrimination afforded individuals on the basis of familial status shall apply to any person who is pregnant or is in the processing of securing legal custody of any individual who has not attained the age of eighteen (18) years.
Financial institution means any person regularly engaged in the business of lending money or guaranteeing loans on housing accommodations or real property.
Hotel means every building or other structure which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are offered for pay primarily to transient guests and in which four (4) or more rooms are used for the accommodation of such guests, regardless of whether such building or structure is designated as a cabin camp, tourist cabin, motel or other type of lodging unit.
Housing accommodation means:
(1) Any building or portion thereof which is used or intended for use as the residence or sleeping place of one (1) or more persons.
(2) The term "housing accommodations" shall not mean or include:
a. The rental of a dwelling, or a portion thereof, containing accommodations for no more than two (2) families, one (1) of which is occupied by the owner or his family at the time of rental;
b. The rental of less than four (4) rooms in a one-family dwelling to another person or persons by the owner or occupant of such accommodations in which he or members of his family reside.
Labor organization includes any organization which exists for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in relation to employment.
Occupational qualifications as used herein, are those qualifications which can be shown to be demonstrably valid to the normal operation or performance of a particular job, business or enterprise.
Owner shall mean and include the owner, lessee, sublessee, assignee, manager, agent, or other person, firm or corporation having the right to sell, rent or lease any housing accommodation or real property within the corporate limits of the city.
Person includes one (1) or more individuals, partnerships, associations, organizations, corporations, municipal corporations, quasi-municipal corporations, governmental agencies, public bodies, legal representatives, trustees, trustees in bankruptcy, receivers, fiduciaries, mutual companies or unincorporated organizations.
Person aggrieved means any person who claims to have been injured by a discriminatory act or practice or believes that such person will be injured by a discriminatory act or practice that is about to occur.
Probable cause means the presence of a reasonable ground for belief in the existence of the allegation of a violation of any statute, ordinance, or other authority, orders, rules or regulations.
Public accommodations shall include any person who caters or offers goods, services, facilities and accommodations to the public. Public accommodations include, but are not limited to, any lodging establishment or food service establishment, as defined by K.S.A. 36-501 and amendments thereto; any bar, tavern, barbershop, beauty parlor, theater, skating rink, bowling alley, billiard parlor, amusement park, recreation park, swimming pool, lake, gymnasium, mortuary or cemetery which is open to the public; or any public transportation facility. Public accommodations do not include a religious or nonprofit fraternal or social association or corporation.
Real estate broker means any person who, for a fee or other valuable consideration, sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange or rental of housing accommodations or real property of another person.
Real estate salesman or agent means any person employed by a real estate broker to perform, or to assist in the performance of, any or all of the functions of a real estate broker.
Reasonable accommodation means:
(1) (In the context of employment under article III of this chapter) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; job restructuring; part time or modified work schedules; reassignment to a vacant position; acquisition or modification of equipment or devices; appropriate adjustment or modifications of examinations, training materials or policies; provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities.
(2) (In the context of housing under article V of this chapter) those reasonable measures which may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.
Restaurant means any place in which food is served or is prepared for sale or service on the premises or elsewhere. Such term shall include, but not be limited to, fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, private club, roadside stand, industrial feeding establishment, catering kitchen, commissary and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge. 2 Cross references: Administration, Ch. 2; boards and commissions generally, § 2-136 et seq.
Respondent means any person alleged to have committed any unlawful act or violation of this chapter.
Subcontractor means any individual, partnership, corporation, association, or other entity, or any combination of the foregoing which shall undertake, by virtue of a separate contract with a contractor as defined herein, to fulfill all or any part of any contractor's obligation under a contract with the city, or who shall exercise any right granted to a franchise holder, and who is an employer as herein defined.
To rent means to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
Sec. 13-58. Creation of department.
There is hereby created a community relations department for the purpose of administering and enforcing the provisions of this chapter or as hereafter amended.
Sec. 13-59. Position of director of community relations created; appointment, salary.
There is hereby created the position of director of community relations of the city to be appointed by and directly responsible to the city manager. The human relations commission may submit recommendations to the city manager of applicants for this position, but merit and fitness shall be the governing criteria in the selection of the director of community relations.
Sec. 13-60. Duties, responsibilities, and authority of community relations director.
The director shall have the following duties, responsibilities, and authority. The administration of this chapter shall be the responsibility of the director of the community relations department and his designated staff. The director shall promulgate procedure to implement, expedite, and effectuate the provisions of this chapter. In addition to any powers and responsibilities heretofore conferred in the director, the director shall have the power and responsibility to:
(1) Seek to eliminate and prevent discrimination in employment because of race, sex, religion, age, color, national origin, ancestry, disability, or familial status, by employers, labor organizations, employment agencies, or other persons, and to take other actions against discrimination because of race, sex, religion, age, color, national origin, ancestry, disability, or familial status, as provided herein;
(2) Effectuate the purposes of this chapter first by conference, conciliation, and persuasion so that persons may be guaranteed their civil rights and good will fostered;
(3) Seek cooperation from, and upon request, make technical assistance available to all city government departments and agencies;
(4) Receive, investigate, initiate and attempt to conciliate complaints alleging discrimination in employment, housing and public accommodations because of race, sex, religion, age, color, national origin, ancestry, disability, or familial status;
(5) Pursue the goals of affirmative action implementation within municipal government and external to municipal government through continued dialogue and technical assistance;
(6) In conducting an investigation, the director or his staff shall have access at all reasonable times to premises, records, documents, and other evidence or possible sources of evidence, and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation. In case of the refusal of any person to comply with any subpoena issued by the local human relations commission, or to testify to any matter regarding which such person may be lawfully questioned, the district court of Saline County may, upon application of the local community relations department, order such person to comply with such subpoena and to testify to the extent such person could be so compelled pursuant to the provisions of subsection (2) of section 13-57 and state law;
(7) Request that the city attorney apply to the district court of Saline County for temporary or permanent injunctive relief to enjoin violation of this chapter;
(8) Request that the city attorney apply to the district court of Saline County for enforcement of any conciliation agreement by seeking specific performance of such agreement;
(9) Attend all meetings and serve as secretary of the human relations commission; provide necessary reports, such as agenda, minutes, and schedules of commission meetings to the commission, to the governing body, and to the city manager; advise the local news media of commission meetings and agenda.
Sec. 13-131. Required contract provisions.
(a) Every contract for or on behalf of the city or any agency thereof, for construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies, or services, shall contain provisions by which the contractor and any subcontractors agree that:
(1) The contractor and any subcontractor shall observe the provisions of this chapter and the Kansas act against discrimination and shall not discriminate against any person in the performance of work under the present contract because of race, religion, age, color, sex, disability, national origin, or ancestry;
(2) In all solicitations, or advertisements for employees, the contractor shall include the phrase “equal opportunity employer,” or a similar phrase to be approved by the city’s community relations director;
(3) If the contractor fails to comply with the manner in which the contractor reports to the commission or the Kansas human rights commission in accordance with the provisions of this chapter or K.S.A. 44-1031 and amendments thereto, the contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the city;
(4) If the contractor is found guilty of a violation of this chapter or the Kansas act against discrimination under a decision or order of the commission or the Kansas human rights commission which has become final, the contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the city; and
(5) The contractor shall include the provisions of subsections (a)(1) through (4) in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor.
(b) Every contract entered into by the city or any of its agencies shall include a provision that during the performance of the contract, the contractor will not discriminate against any employee or applicant for employment in the performance of the contract, and every contractor shall include similar provisions in all subcontracts under such person’s contract with the city.
(c) The provisions of this article shall not apply to a contract entered into by a contractor
(1) who would not be considered an “employer” as defined in Section 13-2;
(2) whose contracts with the City cumulatively total $5,000 or less during the calendar year.
Sec. 13-141. Definitions.
The words and phrases defined in the following sections, when used in this article, shall have the meanings indicated:
Directors means the director of personnel and the director of community relations.
Minority as defined by the federal EEOC are members of racial or ethnic groups which have encountered, or now encounter, employment or other discrimination in our society because of such group membership or affiliations. Ethnic categories as defined by federal EEOC are:
(1) The category "white" should include persons of Indo-European descent, including Pakistani and East Indian.
(2) The category "black" should include persons of African descent as well as those identified as Jamaican, Trinidadian and West Indian.
(3) The category "Spanish Surnamed" should include persons of Mexican, Puerto Rican, Cuban, Central, South or Latin American or Spanish descent.
(4) The category "American Indian" or "Alaskan Native" should include persons having origin in any of the "original peoples" of North America, and who maintain cultural identification through tribal affiliation.
(5) The category "Asian American" or "Pacific Islander" should include persons having origins in any of the "original peoples" of the Far East, the Indian subcontinent or the Pacific Islands. This area includes China, India, Japan, Korea, Malaysia, Thailand, the Philippine Islands and Samoa.
Program means the affirmative action program.
Sec. 13-147. Recruiting and advertising.
(a) In order to insure nondiscrimination in employment opportunities, the director of personnel shall promptly notify the director of community relations of any vacancy to be filled. The director of community relations shall, upon receiving any job vacancy listing, promptly post notice of such in public locations in at least three (3) places throughout the city. The director of personnel shall be responsible for seeing that an advertisement is given publication in at least one (1) and not more than three (3) periodical news agencies with general circulation in the city. The city shall be responsible for the payment of all advertising costs. No person shall be employed to fill any vacancy, except in the semiskilled and laborer-type categories, within ten (10) days after the vacancy is listed with the director of community relations, unless in the opinion of the city manager, an emergency exists. Vacancies in the semiskilled and laborer-type categories may be filled after publication of the vacancy. All applications for employment shall be filled with the director of personnel.
(b) Recruiting efforts shall be directed toward educational institutions having minority and/or female or disabled enrollment.
(c) Communications and referral relationships to be established and maintained with groups and organizations likely to yield minority, female or disabled applicants.
(d) Advertising for applicants shall be done in the manner most likely to reflect the city's affirmative desire to attract minority, female and disabled applicants.
Sec. 13-149. Evaluation.
(a) There is hereby established an affirmative action evaluation committee composed of the city manager or his designee, the director of personnel, the director of community relations and other department heads as the city manager may deem appropriate. The city manager or his designee shall serve as chairman of the committee.
(b) The committee shall advise the department heads on implementation procedures, identification of areas for concentrated efforts, and aid in other matters related to implementation of the program.
(c) The committee shall meet not less than quarterly to review overall progress on implementation of the program. They shall make any modifications as may be necessary to assure maximum, effective implementation of the program.
Section 3. Repealer. Existing Salina Code Sections 13-1, 13-2, 13-58, 13-59, 13-60, 13-131, 13-141, 13-147 and 13-149 are repealed.
Section 4. Effective. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper by the following summary:
Ordinance No. 14-10735 Summary
On May 5, 2014, the City Commission passed Ordinance No. 14-10735. The Ordinance amends Salina Code Sec 13-1, 13-2, 13-58, 13-59, 13-60, 13-131, 13-141, 13-147 and 13-149 pertaining the renaming of the Human Relations Department to the Community Relations Department and repeals the existing section. A complete copy of the Ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City’s legal counsel.
Introduced: April 28, 2014
Passed: May 5, 2014
Aaron K. Householter, Mayor
Miki Orr-Muths, Administrative Assistant
Certification of Publication Summary:
Greg Bengston, Legal Counsel