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HomeMy WebLinkAbout105 - 08/16/1988 - AMENDING CITY CODE RELATING TO DISCRIMINATORY PRACTICES ORDINANCE NO. 105, 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ENFORCEMENT PROVISIONS OF CHAPTER 13 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO DISCRIMINATORY PRACTICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That the definitions of Employer, Employment agency, Person and Place of public accommodation , as set forth in Section 13-16 of the Code of the City of Fort Collins, are hereby repealed and reenacted to read as follows: Employer shall mean any person employing any person in any capacity other than domestic service in the employer's own home. Employment agency shall mean any person undertaking, with or without compensation, to procure employees or opportunities to work for any person or holding itself out as equipped to do so. Person shall mean any individual , group, association, corporation, joint apprenticeship, committee, joint stock company, labor union, legal representative, mutual company, partnership, receiver, trustee or unincorporated organization or other legal , commercial or governmental entity but shall not include an agency or school district of the State of Colorado or an agency of the United States of America. Place of public accommodations shall mean any place of business engaged in any sales to the general public and any place that offers services, facilities, privileges or advantages to the general public or that receives financial support through solicitation of the general public or through governmental subsidy of any kind. Section 2. That Section 13-17(a) of the Code of the City of Fort Collins is hereby amended by adding the following subsection, to read as follows: Sec. 13-17. Discriminatory employment practices prohibited. (a) (5) Any person seeking employment to publish or cause to be published any advertisement for employment with specification or limitation based upon a discriminatory reason. Section 3. That Section 13-17(c) of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: (c) The provisions of this Section shall not apply to prohibit a religious organization or institution from restricting employment opportunities and advertising such restrictions so as to give preference to members of its own religion or denomination or to make such selection as is reasonably calculated by such organization or institution to promote the religious principles for which it is established or maintained. Section 4. That Section 13-18(e) of the Code of the City of Fort Collins is hereby amended to read as follows: (e) The following exemptions shall apply to the provisions of this Section: (1) The owner of an owner-occupied single-family or two-family dwelling or housing facility may restrict occupancy of such facility on the basis of the sex of the proposed occupant, and such owner or authorized agent can effectuate said restrictions by advertising or otherwise arranging for the occupancy of the dwelling. (2) A religious organization or institution may restrict its facilities or housing which are operated in connection with its religious activities and may advertise such restrictions so as to give preference to members of its own religion or denomination or to make such selection as is reasonably calculated by such organization or institution to promote the religious principles for which it is established or maintained. Section 5. That Section 13-19 of the Code of the City of Fort Collins is hereby amended by lettering the introductory paragraph as subparagraph (a) and adding thereto the following subparagraph, to be lettered (b) and to read as follows: (b) The provisions of this Section shall not apply to prohibit a religious organization or institution from restricting the use of its facilities and advertising such restrictions, thereby discriminating against certain persons so as to give preference to members of its own religion or denomination or to make such selection as is reasonably calculated by such organization or institution to promote the religious principles for which it is established or maintained. Section 6. That Section 13-19(a) (3) of the Code of the City of Fort Collins is hereby amended to read as follows: Section 13-19. Discriminatory public accommodation practices prohibited. (3) Advertise or cause to be advertised a place of public accommodation as being restricted on the basis of discriminatory reason. Section 7. That Sections 13-23, 13-24 and 13-25 of the Code of the City of Fort Collins are hereby repealed in their entirety and reenacted to read as follows: Sec. 13-23. Investigation by City Manager; Appeal . (a) The City Manager shall promptly conduct a preliminary investigation to determine whether the factual allegations of the complaint constitute probable cause to believe that there has been a violation of this Article. (b) If at any time the City Manager determines that the factual allegations of a complaint are materially untrue or, if true, that a violation under this Article cannot be established, he or she shall dismiss the complaint and notify the complainant and the respondent of such action, which notice shall inform the complainant of the following right of appeal . If the complainant is dissatisfied with the City Manager's decision to dismiss the complaint, the complainant shall have the right to appeal such decision to the Human Relations Commission. Such appeal shall be perfected by filing a notice of appeal with the City Manager within thirty (30) days of the complainant's receipt of the notice of dismissal . Within ten (10) days of the City Manager's receipt of the notice of appeal , the City Manager shall notify the complainant of a date, time and place when the appeal will be heard by the Human Relations Commission, which date shall be no more than thirty (30) days subsequent to the City Manager's receipt of the notice of appeal . The Human Relations Commission shall conduct a hearing on the allegations in the complaint. If the Human Relations Commission upholds the City Manager's decision, the complainant may seek judicial review of the decision of the Human Relations Commission in the District Court in accordance with the Colorado Rules of Civil Procedure, Rule 106(A) (4) . Such review must be sought not later than thirty (30) days after the date of the decision of the Human Relations Commission. If either the Human Relations Commission or the District Court reverses the decision of the City Manager, the City Manager shall pursue the complaint in the same manner as if the City Manager had found the allegations to be materially true and sufficient to establish a violation. Sec. 13-24. Conciliation. (a) If, after investigation, the City Manager determines that there is probable cause to believe that a violation has occurred, he or she shall endeavor to eliminate the alleged violation by conference, conciliation and persuasion. The City Manager is authorized to work toward conciliation agreements whereunder the alleged violation is eliminated and the complaining person is made whole to the extent possible. (b) Neither the complaint nor information gathered in the investigation shall be made public prior to the time a conciliation is reached or the City Manager determines that he or she is unable to effectuate a conciliation, unless the disclosure is made in connection with the conduct of the investigation or at a public hearing held pursuant to Section 13-23(b) above. (c) If such an agreement is reached, it will be signed by the complainant and the respondent. The agreement shall provide for specific performance. It will not be necessary for the agreement to contain a declaration or finding that a violation has in fact occurred. It may provide for the dismissal of the complaint without prejudice. The complainant and respondent shall be furnished a copy of the agreement. The terms of such an agreement may be made public, but no other information relating to any complaint, its investigation and disposition will be disclosed or made public without the consent of the complainant and the respondent. Sec. 13-25. Commencement of action in Municipal Court. (a) In the event of a finding of probable cause, either by the City Manager in the first instance or upon review by the Human Relations Commission or the District Court, and in the further event that the City Manager is unable to effectuate an agreement through conference, conciliation or persuasion, the City Manager shall file a complaint in Municipal Court alleging a violation of the provisions of this Article. The matter shall thereafter be prosecuted by the city and the complainant shall be subpoenaed to appear and testify at such court proceeding. Any disclosure or statements made by the person charged during the course of conciliation efforts under this Article will not be used as evidence in such court proceeding. Upon conviction, a violation of the provisions of this Article shall be punishable by fine or imprisonment as stated in Section 1-15 of this Code. (b) Nothing herein shall preclude the Municipal Court, upon stipulation between the city and the defendant, from entering an order of deferred prosecution or judgment for such period of time as deemed proper by the Court, upon certain conditions, including but not limited to the following: (1) Requiring the defendant to cease and desist from the discriminatory practice; (2) Providing for the sale, exchange, lease, rental , assignment or sublease of real property to a particular person; (3) Requiring the defendant to pay back pay for discriminatory termination of employment, layoff or denial of promotion opportunity, or to make an offer of employment in the case of discriminatory refusal of employment, or to make an offer of promotion in the case of discriminatory denial of promotion opportunity; (4) Requiring that the defendant make available a place of public accommodation in the case of discriminatory denial of the use of such place; (5) Requiring reporting by the defendant as to the manner of compliance with the order of court. Introduced, considered favorably on first reading, and ordered published this 2nd day of August, A.D. 1988, and to be presented for final passage on the 16th day of August, A.D. 1988. Mayor ATTEST: t City Clerk Passed and adopted on final reading this 16th day of August, A.D. 1988. Mayor ATTEST: City Clerk