onninancs no. it; AN AMENDENG CHAPTER 34, DIVESEGN 5 OF THE CODE 0F 0? THE 0F MUNCIE, ENDIANA WHEREAS, the City of Mnneie Human Rights Commission Code Chapter 34 Division 5 has been created for the promotion of equal opportunity to its citizens, states the practice of denying these rights and opportunities is contrary to the principles of this City, gives protection to its citizens from unfounded charges of discrimination, and establishes a Human Rights Commission; and WHEREAS, the addition and update of proper terms and de?nitions Within this Division are needed to be made, ensuring these protections are in place for all of Muneie?s citizens regardless of race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Muncie, Indiana, as follows: 1. Chapter 34, Division 5 shall. be amended to read as stated. on the attached ExhibitA. PASSED AND COMMON COUNCIL OF THE CITY OF MUNCIE, INDIANA, THIS THE DAY OF . 2015. Yeas Nays Abstained Absent Doug Marshali Mark Conatser Mary Jo Barton, Brad Polk Jerry Dishman Julius Anderson Linda Gregory Nara Powell Alison Quirk Passed by the Common. Council of the Cit of Mamie, indianaj the I 2015. in t. . 021? .V ?idem Cit); Council, City onM?unei Presented. by me {e the Mayor for his approvah this day of - 2015. a Pays Reageii 0 ?y Clerk, City efM'uncie The above resolution is approved (vetoed) by me this 2 day of i 2015. if D??i?s TyEr City of Muneie ATTEST: Ph?uiyseagm, City ask. This Ordinance is proposed by: {9/3 [6714x435 Alison Quirk, Memb This Ordinance is approved in few: Megan DIVISIONS. RIGHTS COMMISSION Sec. 34.80. Public policy and purpose. (A) it is the public policy of the city to provide all of its citizens equal opportunity for education,employment access to public conveniences and accommodations, and acquisition through purchase or rental of real property including but not limited to housing, and to eliminate discrimination based on race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status since such discrimination is an impediment to equal Opportunity. Equal education, employment opportunities, access to and use of public accommodations, and equal opportunity for acquisition of real property are hereby declared to be civil rights. (13) The practice of denying these rights to properly quali?ed persons by reason of the race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status of such person is contrary to the principles of freedom and equality of opportunity and is a burden to the objective of the public policy of this city and shall be considered as discriminatory practices. The promotion of equal opportunity without regard to race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status is the purpose of this section. - (C) It is also the public policy of the City to protect employers, labor organizations, employment agencies, property owners, real estate brokers, builders, and lending institutions from unfounded charges of discrimination. (D) In ?lling such broad purposes, the Muncie Human Rights Commission is to: 1) Study, investigate and take action in regard to any condition having an adverse effect upon relations between persons of various race, color, age, religion, sex, sexual. orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status groups; (2) Institute and conduct educational and other programs intended to promote the equal rights and opportunities of all persons; (3) Solicit the cooperation the race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status groups within the community in order to improve the quality of communications and understanding within the community; (4) Stimulate private and governmental departments and agencies to develop and foster meaningful programs in support of the objectives and purposes of the Muncie Human Rights Commission; and (5) Ensure the equal protection of all persons and the full availability of all rights and privileges of citizenship to all persons. Sec. 34.81 De?nitions and exemptions. (A) Definitions; For the purpose of this subchapter, the following de?nitions shall apply unless the context clearly indicates or requires a different meaning. Discrimination. Any difference in treatment based on race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. The term ?discrimination? shall also mean the exclusion of a person from or failure or refusal to extend to a person equal opportunities because of race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. The term ?discrimination? shall also mean the organizations, trustees, trustees promotion of segregation or separation, in any manner on the basis of race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. Employer. Any person employing six (6) or more individuals within the territorial limits of the City. Employer does not include any corporation or association organized exclusively for fraternal or religious purposes, or any school, educational, or charitable religious institution, or any exclusively social club, corporation, or association that is not organized for profit. Executive committee. The Chair, Vice Chair, and Secretary of the Muncie Human Rights Commission. The Executive Director will serve as an ex-of?cio member to this group. The Chair may, if necessary, invite the input of other individuals in the deliberations of the Executive Committee. Disability. A person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. Labor organization. Any organization which exists for the purpose, in whole or part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or for other mutual aid or protection in relation to employment. Owner. Includes the Lessor, Sub-lessor, Assignor or managing agent, or other persons having the right of ownership or possession or the right to sell, rent, or lease any housing accommodation. - Person. One or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal Stand .. ., .A . . Jaw" E- ., 3 ?if foregorng includes members, directors, and agents, - Real estate operator. Any person, partnership, 'assOCiation, or corporation who for a fee or other valuable consideration, sells, purchases, exchanges or rents, negotiates, or offers, or attempts to negotiate the sale, purchase, exchange, or rental of the real property of another, or collects rental of the use of real preperty of another. (B) Exemptions. (1) With respect to employment discrimination, employers of six (6) or less employees are exempt from the provision of this section. (2) It shall not be deemed discrimination for any not-for?pro?t corporation or association organized exclusively for religious purposes orfor any school, educational or charitable institution owned or conducted by or affiliated with a church or religious institution to devote its resources to its owner religion or denomination, or to give preference to members of such institution or educationally to promote exclusively the religious principles for which it is established or maintained. (3) It shall not be deemed discrimination on account of disability for any governmental agency or not?for-pro?t corporation established for the purpose of offering or providing education, training or other social services and benefits to disabled persons or to give a preference to disabled persons with respect to such education, training or social services and bene?ts. Sec. 34.82. Human rights commission created. To assist in the elimination of discrimination in the city, there is hereby created a commission to be known as the Muncie Human Rights Commission. (A) The Commission shall be composed of nine (9) members serving without compensation, except members may be reimbursed for authorized expense incurred in the performance of their duties, providing there are suf?cient monies in the Human Rights Commission budget to cover such expenses. (B) The members shall be broadly representative of the economic, racial, ethnic, age, religious, sex, sexual orientation, gender identity, disabled, ancestry, national origin, or United States military service veteran status populations in the City. (C) Each member shall he a registered voter in, and resident of the City. Sec. 34.83. Term of of?ce. (A) The term of each member shall be three (3) years commencing June LNO member may serve more than two full consecutive terms. (B) Future appointments. The Mayor shall appoint six (6) members and the Common Council shall. appoint three (3) members. Terms of office of the present Commission are staggered. On June of each year, there shall be three (3) expirations and three (3) appointments. Of these three (3) appointment, two (2) shall be made by the Mayor and one shall be made by the Common Council. (C) In the event of death, removal, or resignation of any member, the member?s successor shall be appointed by the Mayor or the Common Council, whichever originally appointed the vacating member, to serve for the unexpired period of the vacated term. A member who is absent from three (3) consecutive regular meetings of the Commission or four 7 (4) ini'acalendar year without good a?r?tdal'suf?cient cause, will be removed from the Commission. In this case the by the removalshall be ?ledas in other vacancies. (E) Either theMayor or the Common Council'shall, at any time, have the right to remove any member ofthe Commission appointed by him or it with cause. --1 Sec. 34.84. Of?cers. (A) The Commission shall elect a Chair at the annual. meetings and shall also elect such otherof?eers asthe Commission shalldesire from among their members. They shall serve until noon of the succeeding January 1. (B) The Commission shall appoint an Executive Director who shall serve and be responsible to the Human Rights Commission for daily operations of the Commission and other related duties as assigned by the Commission. (C) The Chair or the Executive Director act as the of?cial representative and spokesperson for the Commission. No Commissioner shall speak for the Commission unless designated by the Chair or the Executive Director. Sec. 34.85. Meetings. (A) The Commission shallmeetonce each month at a regularly published time and place and shall hold special meetings as the Chair deems necessary or at the request of a majority of its members. All regularly scheduled meetings shall be open to the public. (B) A quorum consisting of ?ve (5) Commissioners must be present in order to conduct any business at the regular meetings or special meetings. Sec. 34.86. Powers and duties. The Commission shall have the following powers and duties: (A) All powers that may lawfully be conferred upon the Commission pursuant to the applicable provisions of lndiana law including the power to: l) lnvesti gate, conciliate and hear complaints; (2) Subpoena and compel the attendance of witnesses or production of pertinent documents and records, and make use of such other discovery techniques as shall be necessary to complete investigations or conduct full hearings as provided for in IC 4-22-1 et. seq. and Rule of the l'ndiana Rules of Trial Procedure. Subpoena shall only be used in the investigative and hearing processes. (3) Administer oaths; (4) Examine witnesses; (5) Appoint hearingexaminers or panels; (6) Make ?ndings and recommendations; (7) Issue cease and desist orders requiring remedial action; (8) Order payment of actual damages, except that damages to be paid as a result discriminatory practices relating to employment shall be limited to lost wages, salaries, commissions, or fringe benefits; (9) institute actions for appropriate legal or equitable relief in an appropriate court; (10) Employ an Executive Director and other staff personnel; (ll) Adopt rules and regulations; (12) Initiate complaints, except that no person who initiates complaints may participate as a member of the agency in the hearing or disposition of the complaint; and (13) .Conduct programs and activities via standing committees to carry out the purposes of the Muncie Humanpliights Commission. provided for in this subchapter within the territorial boundaries ofifh'e City. (B) The Executive Director of the Human Rights Commission, will present, in writing, documentation for a subpoena to the City Attorney for the purpose of further conducting an investigation. The City Attorney shall review the documentation provided by the Human Rights Commission and then, in writing, inform the person or party to be subpoenaed. Upon receipt of noti?cation, five (5) working days are allotted to Show cause why thesubpoena should not be issued. Appropriate be given to the information submitted by the person or party in question. The City Attorney will approve or deny the subpoena request based on documentation provided by the Human Rights Commission and the person or party involved. If approved, than the subpoena may be issued as requested by the Executive Director. if denied, then no subpoena shall be issued. (C) The Commission shall. endeavor to keep itself fully informed concerning the studies and ?ndings of private organizations in respect to the practices falling within the Commission?s jurisdiction. (D) Commissioners must attend aminimum of two (2) training sessions per year. Failure to meet this minimum will result in the offending commissioner?s removal from the Commission at year?s end. Training for members of the Commission will be arranged by the Executive Director. Sec. 34.87. Unlawful discriminatory practices. (A) it shall be unlawful for any person to commit any act of discriminatory practice as herein de?ned. (B) Unlawful Housing Discrimination in the sale or rental of housing (including mobile homes) by any owner, or any real estate operator or any person employed by or acting on behalf of any real estate operator, is prohibited. It shall be an unlawful discriminatory housing practice for any owner, or any real estate operator or any person employed by or acting on behalf of any real estate operator: (1) To refuse to sell or rent after the making of a bona ?de offer, or to refuse to negotiate for the sale or rental of, or to indicate such dwelling is not available for inspection, sale, or rental when such dwelling is in. fact so available, or otherwise make unavailable or deny, a dwelling to any person because of race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status; (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status; (3) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respectto the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status, or an intention to make any such performance, limitation, or discrimination; and (4) For pro?t, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. (C) Unlawful ?nancial discrimination. 7 (1) It shall be unlawful for any person, herein defined, whose busineSs consists in whole or in part in the appraising of preperty of the making of real estate loans, to deny a loan or other ?nancial assistance to an applicant therefor, or to discriminate against such applicant in the ?xing or amount, interest rate, duration, or other terms or conditions or such loan or other ?nancial assistance, or to make a lower appraisal valuation because of the race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status of such applicant, or of any person connected with such applicant in connection with such loan or other ?nancial assistance or the purposes of such loan or other ?nancial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other ?nancial assistance is to be made or given; or because of the presence or absence or the prospective presence or absence within a neighborhood of concentrations of persons of a particular race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. (2) it shall be unlawful for any creditor to discriminate against any person in any credit transaction because of race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. (D) Unlawful employment discrimination. (I) It shall be unlawful for any person or employer to discriminate against any person by treating any such person differently or by excluding from or failing or refusing to extend to any person equal opportunities with respect to hiring, termination, compensation, tenure, or other terms, conditions, or privileges of employment, because of race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. (2) It shall be unlawful for any person or employer to limit, segregate, or classify his/her employees or applicants for employment in any way which would deprive or tend to deprive, any individual of employment opportunities or otherwise adversely affect his or her status as an employer, because of such individual?s race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. (3) It shall be unlawful for any employer to fail to make reasonable accommodation to the known physical or mental. limitations of an otherwise quali?ed employee or prospective employee or fail to make reasonable accommodations to the religious observance or practice of any employee or prospective employee unless such employer can demonstrate that the accommodation would impose an undue hardship on the conduct of the employer?s business. (4) It shall be unlawful for any person to make, print, or publish, or cause to be made, printed or published any notice, statement, or advertisement with respect to employment that indicates a preference, limitation, Speci?cation or discrimination based on race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. (5) it shall be unlawful for any employment or agency to fail or refuse to refer for otherwise to discriminate his or her race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. (E) Unlawful labor organization discrimination. It shall be unlawful for a labor organization: (I) To exclude or expel from its membership, or otherwise to discriminate against, any individual because of race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status; (2) To limit, segregate, orclassify its member- ship, or applicants for membership, or to classify or fail or refuse to refer for employment any individual inany way which would?depriveorw- a; . tend to deprive any individual of employment or otherwise adversely affect his or her status as an employee or as an applicant for employment because of race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status; (3) To cause or attempt to cause an employer to discriminate against an individual. in violation of this action. (F) Unlawful public place of accommodation or amusement discrimination. It shall be unlawful for any person or establishment which caters or offers its services or facilities or goods to the general public to discriminate against anyone because of race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. (1) Itshall be unlawful for any person to deny another or charge another a higher price than the regular rate for the full and equal enjoyment of any public place of accommodation or amusement because of his or her race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. (2) it shall be unlawful for any person: to directly or indirectly publish, circulate, display, or mail any written communication which he or she knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of his or her race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status or that employment or against any individual on the basis of his or her race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status or that the patronage of a person is unwelcome, objectionable, or unacceptable for any of these reasons. (3) It shall be unlawful for any person of any place of public accommodation or amusement to refuse to permit a visually impaired, hearing impaired, or mobility impaired person to enter or use any such accommodations as are available, for the reason that the person is being assisted by a dog specially trained to assist such person if: The dog is wearing a harness or appropriate collar with identi?cation; and The person has presented, forinspection, credentials issued by a bona tide school for training such dogs. (G) Unlawful discrimination in education institutions. It shall be unlawful for any person, establishment, or governmental agency regularly engaged in the offering of education services to discriminate against anyone because of race, color, age, religion, sex, sexual orientation, gender identity, disability, ancestry, national origin, or United States military service veteran status. (H) Other unlawful. practices: it shall be unlawful for any person to aid, abet, incite, compel, or coerce the doing of any act declared by this subchapter to be unlawful. (2) It shall be unlawful for any person knowingly to obstruct the fair and lawful enforcement of this subchapter by coercing or intimidating any complainant or prospective complainant, or any witness to any act made unlawful herein, or by destroying any records, documents or other evidence relevant to any alleged unlawful discriminatory practice as de?ned herein, after such person has received actual notice of a discrimination charge or has been served notice of a complaint ?led. (3) it shall be unlawful for any person to discriminate against any other person with regard to, or to deny any other person access to or opportunities in employment, real estatetransactions, education, or public accommodations because any other person has opposed any practice made unlawful by this subchapter,? or because other person has made acharge, testi?ed, assisted or participated in any manner in aninvestigation, proceeding, orhearing under this subchapter.