Series 103 2002 ORDINANCES/RESOLUTIONS
Section 103-006 Ord. 17127; Amending Chapter 12 RE: Commission on Human Rights
Ordinance No. 17127 Council
Bill No. B 398-01A
AN ORDINANCE
amending Chapter 12 of the City Code as it relates to the Commission on Human Rights,
procedures for investigating and resolving complaints of discriminatory practices and the penalty
for discriminatory practices; and fixing the time when this ordinance shall become effective.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS
FOLLOWS:
SECTION 1. Chapter 12 of the Code of Ordinances of the City of Columbia,
Missouri, is
hereby amended as follows:
Material to be deleted in strikeout; material to be added underlined.
ARTICLE II. COMMISSION ON HUMAN RIGHTS*
. . .
Sec. 12-17. Officers; meeting and quorum; rules and procedures; compensation;
attendance; training.
. . .
(f) Each member shall receive training in mediation techniques within
one (1) year of the
member's appointment to the commission.
Sec. 12-18. Functions, powers and duties.
The commission shall have the following functions, powers and duties:
. . .
(6) To encourage fair treatment for all persons regardless
of age as it relates to employment,
race, color, religion, sex, national origin, ancestry, marital status, or handicap,
sexual orientation
or familial status as it relates to housing.
. . .
(11) To adopt rules, regulations and guidelines pertaining
to the investigation and disposition
of complaints consistent with the provisions of this chapter.
. . .
Sec. 12-32. Definitions.
For the purposes of this Article, the following words and terms shall have the
meanings
respectively ascribed:
Commission. The commission on human rights.
Complaint. A written charge of discrimination alleging
that a person has engaged in a
discriminatory practice.
Complainant. A person filing a complaint with the commission
concerning an act, practice or
course of conduct made unlawful by this Article who has filed a complaint with the commission
alleging that another person has engaged in a discriminatory practice.
Discriminatory practice. An act, practice, or course or conduct made
unlawful by this Article.
Dwelling. 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, or occupied, designed or
intended for occupancy by one or more persons for commercial, professional or institutional
purposes, and any vacant land which is offered for sale or leased for the construction
or location
thereon of any such building, structure or portion thereof.
. . .
Handicap. A physical or mental impairment resulting in a disability unrelated
to a person's
ability to perform the duties of a particular job or position for which otherwise he the
person
would be eligible and qualified for employment or promotions; to utilize the existing public
accommodations; to acquire, rent or maintain property; to enter into a loan or other financial
transaction for the purpose of purchasing, constructing, improving, repairing or maintaining real
property; or to participate as a member in those organizations or facilities specified in section 12-41(1)(3)
of this Article.
. . .
Investigating commissioner. The commissioner
assigned to investigate a complaint
Investigator. A city employee whose job duties include investigating complaints or any
individual appointed under commission rules to investigate a complaint.
. . .
Sec. 12-34. Employment.
(a) It shall be unlawful:
(1) For an employer, because of any individual's protected
category:
a. To fail or refuse to hire
or to discharge any individual, or otherwise to discriminate
against any individual with respect to his the individual’s compensation,
terms, conditions, or
privileges of employment.
b. To limit, segregate or classify his
employees in any way which would deprive or tend to
deprive any individual of employment opportunities or otherwise adversely affect his the
individual’s status as an employee.
. . .
Sec. 12-57. SameInvestigation, conciliation and mediation resolution.
(a) Complaints shall be investigated and conciliated or mediated by individuals
who have been
approved by the commission and trained in investigation, conciliation and mediation.
(b) Upon filing of a complaint, the chairperson of the commission shall
designate an individual
to investigate the allegations. The individual shall promptly investigate such allegations, and if
he determines that probable cause exists for crediting the allegations of the complaint, he shall
thereupon undertake to eliminate the alleged discriminatory practice or practices by conference,
conciliation and persuasion or mediation, and shall inform the commission of the results of such
efforts. If the individual determines that no such probable cause exists, he shall so report to the
commission, which shall thereupon dismiss the complaint without further proceedings, or direct
further investigation or, if it determines that probable cause exists for crediting the allegations
of
the complaint, direct that the alleged discriminatory practice or practices be the subject of
conference, conciliation and persuasion or mediation. Neither the members of the commission
nor any person participating in the investigation shall disclose what has occurred in the course of
such efforts to conciliate. The determination of probable cause shall be made, and the
investigation and conciliation or mediation shall be conducted, in accordance with such rules,
regulations and guidelines as the commission shall prescribe.
(c) If such efforts fail to eliminate the alleged discriminatory practice
or practices, the
complainant shall be referred to the Missouri Commission on Human Rights.
(a) Before investigating a complaint, the investigator shall determine if
the complainant and
respondent are willing to resolve the issues raised in the complaint through mediation or some
other method of dispute resolution. If the complainant and respondent are willing, the
investigator shall facilitate
dispute resolution. The complainant and respondent may engage in dispute resolution at any
stage in the process. If the complainant and respondent resolve the dispute prior to investigation,
the case shall be closed.
(b) If the complainant and respondent are unwilling to attempt dispute resolution
or are
unsuccessful in such an attempt, the investigator shall promptly investigate the allegations of the
complaint.
(c) After completing the investigation, the investigator shall report to the
commission the
results of the investigation and the investigator’s opinion on whether there is probable cause
to
credit the allegations of the complaint.
(d) After receiving the investigator’s report, the commission may direct
further investigation.
When the commission is satisfied that the complaint has been properly investigated, it shall
determine whether there is probable cause to credit the allegations of the complaint. If the
commission determines that there is no probable cause, it shall dismiss the complaint. If the
commission determines that there is probable cause, it shall attempt to have the issue resolved
through mediation or some other method of dispute resolution. If the respondent is unwilling to
participate in dispute resolution, the commission may forward the matter to the city prosecutor.
(e) At any stage in the process, the commission may close the case for good
administrative
reasons. Such reasons shall include but not be limited to the following:
(1) The complainant has failed to cooperate with the
commission.
(2) The commission is unable to locate the complainant
or respondent.
(3) The complainant wishes to withdraw the complaint.
(4) The subject matter of the complaint has been satisfactorily
investigated and resolved by
another governmental agency.
(5) The complainant has filed a lawsuit against respondent
involving the subject matter of
the complaint.
. . .
Sec. 12-59. Penalty for violation of article.
Any person who shall violate any provision of this Article shall be deemed guilty
of a
misdemeanor and shall, upon conviction, be punished by a fine of not more than five hundred
one thousand dollars ($500.00 1,000.00), or imprisonment not exceeding
thirty (30) days, or by
both such fine and imprisonment.
SECTION 2. This ordinance shall be in full force and effect from and after
its passage.
PASSED this 7th day of January, 2002.