Loading...
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 '' Ic�nAt� City Clerk Passed and adopted on final reading this 1st day of May, A.D. 1990. �I�L� V ti Mayor e4o • ATTEST: City Clerk