HomeMy WebLinkAbout042 - 05/01/1990 - AMENDING CITY CODE RELATING TO HUMAN RELATIONS (DISCRIMINATION/SEX) ORDINANCE NO. 42, 1990
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 13, ARTICLE II OF THE CODE
OF THE CITY OF FORT COLLINS RELATING
TO HUMAN RELATIONS
WHEREAS, Chapter 13, Article II, of the Code of the City of Fort
Collins (hereinafter "the Code") prohibits discrimination on the basis of
race, color, religion, national origin, sex or marital status in the areas
of employment and housing and the operation of public accommodations; and
WHEREAS, the prohibition of discrimination on these bases is
appropriate and necessary, given the fact that access to certain
employment, housing and public accommodations has been denied to these
protected classes in the past and that the denial of such access may still
persist in the absence of effective local legislation; and
WHEREAS, Council wishes to amend certain Sections of Chapter 13,
Article II , in order to better define the circumstances under which
sex-based discrimination in public accommodations should be prohibited; and
WHEREAS, Council also wishes to maximize the efficient use of other
resources and mechanisms which may be available to accomplish the purposes
of Chapter 13, Article II, of the Code, while still retaining the ability
to provide local enforcement when desirable and necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1 . That Section 13-19 of the Code of the City of Fort
Collins is hereby amended by the addition of a new subparagraph (c) , to
read as follows:
(c) Notwithstanding any other provisions of this section, it
is not a discriminatory practice for a person to restrict
admission to a place of public accommodation to individuals of
one sex if such restriction has a bona fide relationship to the
goods , services , facilities , privileges , advantages or
accommodations of such place of public accommodation.
Section 2. That Section 13-22(a) of the Code of the City of Fort
Collins is hereby amended to read as follows:
(a) Any person claiming to be aggrieved by a violation of
this Article may, within sixty (60) days of the alleged
violation, or thirty (30) days after any complaint concerning the
same matter has been dismissed by another agency without a final
judgment on the merits, whichever shall last occur, file a
written complaint under oath with the City Manager. The
complaint shall contain the name of the alleged violator, or set
forth facts sufficient to identify such person, and include an
outline of the material facts upon which the complaint is based
and the date of the alleged violation. In addition, the
complaint shall state, if and as applicable, that any acts or
conduct of the complainant were for the purpose of accomplishing
the real estate transaction, employment objective or public
accommodation use in question, and not for the purpose of
harassment or entrapment of the person against whom the complaint
is made.
Section 3. That Section 13-22(c) of the Code of the City of Fort
Collins is hereby amended to read as follows:
(c) Upon receiving a complaint which conforms to the
requirements of this section, the City Manager may proceed
with a local investigation pursuant to this Article. In
the alternative, the City Manager may request that the
complaint be investigated , conciliated and fully
determined by the State of Colorado in accordance with the
provisions of Title 24, Article 34, parts 3 through 7,
C.R.S. If the City Manager's request is accepted by the
state or if a complaint concerning the same subject matter
has been previously filed by the complainant with the
Colorado Civil Rights Commission or another public agency,
the City Manager shall hold the city's investigation in
abeyance pending further action by the commission or other
agency. If such other agency makes a final judgment on
the merits, the City Manager shall dismiss the complaint
filed with the city. If such other agency dismisses the
complaint without a final judgment on the merits or waives
jurisdiction, the City Manager shall proceed with an
investigation pursuant to the provisions of §13-23. In
any event, the City Manager shall furnish a copy of the
complaint to the respondent within ten (10) days after the
complaint is filed with the city.
Section 4. That Section 13-24, subparagraphs (b) and (c) , of the Code
of the City of Fort Collins are hereby amended to read as follows:
(b) Neither the complaint nor information gathered in the
investigation shall be made public by the City or any officer,
employee, board or commission thereof 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 § 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 by the city or any officer, employee,
board or commission thereof without the consent of the
complainant and the respondent.
Section 5. That Section 13-24 of the Code of the City of Fort Collins
is hereby amended to add a new subparagraph (d) to read as follows:
(d) The maximum period for reaching a conciliation agreement
shall be ninety (90) days from the date of the city's receipt of
the initial complaint or, in the event the matter has been
submitted for review by another agency, the date of the city's
receipt of notice from such other agency that the complaint has
been dismissed without final judgment on the merits or that such
agency has waived jurisdiction over the complaint.
Section 6. That Section 13-25(a) of the Code of the City of Fort
Collins is hereby amended to read as follows:
(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 within
the period of time described in § 13-24(d) , the City Manager
shall review all available information to determine whether the
intent and purposes of this article would be served by the filing
of a complaint in Municipal Court. If so determined, 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 § 1-15 of this Code.
Section 7. That Section 13-25 of the Code of the City of Fort Collins
is hereby amended by the addition of a new subparagraph (c) , to read as
follows:
(c) If the City Manager determines that the intent and
purposes of this article would not be served by the filing of a
complaint in Municipal Court , written notice of such
determination shall be given to the complainant and the
jurisdiction of the city and its Human Relations Commission over
the complaint shall cease.
Introduced, considered favorably on first reading, and ordered
published this 17th day of April , A.D. 1990, and to be presented for final
passage on the 1st day of May, A.D. 1990.
QL&!�J-
i L
Mayor
ATTEST:
II ''
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City Clerk
Passed and adopted on final reading this 1st day of May, A.D. 1990.
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Mayor e4o •
ATTEST:
City Clerk