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HomeMy WebLinkAboutOrdinance 5602 12/16/1991 . . . ~~l ,- -. ORDINANCE NO. 5602 # (GENERAL) AN ORDINANCE AMENDING THE SPRINGFIELD HUMAN RIGHTS ORDINANCE TO ADD A PROHIBITION AGAINST DISCRIMINATION ON THE BASIS OF "FAMILIAL STATUS," PROVIDING A DEFINITION THEREFORE, AND AMENDING SECTIONS 7-10-1, 7-10-2, 7-10-3, 7-10-5, AND 7-10-7 OF THE SPRINGFIELD CODE 1965, AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD, OREGON, ORDAINS AS FOLLOWS: section 1: Section 7-10-1 of the Springfield Code 1965 is hereby amended to read as follows: 7-10-1 Declaration of Policy and Creation of Human Riahts Commission. Discrimination against individuals or groups by reason of their race, color, religion, sex, age, marital status, disability, or national origin is a matter of concern for the City of Springfield. The Common Council declares it to be the public policy of the City of Springfield that discrimination in employment, housing, and places of public accommodation because of race, color, religion, sex, age, marital status, familial status, disability, or national origin not only deprives springfield inhabitants of their rights and proper privileges, but also menaces the institutions and foundations of a free democratic society and threatens the peace, good order, health, safety and general welfare of the community. It is further declared to be the public policy of the City of Springfield to foster equal opportunity for all to obtain employment, housing, and public accommodations without regard to race, color, ,religion, sex, age, marital status, familial status, disability, or national origin and strictly in accord with their individual merits as human beings. To carry out the policy of the City of Springfield as set forth in this article and to carry out the administration, there is hereby created a Human Rights Commission of the city of Springfield to consist of fifteen members to be appointed by the Council for four year terms. The appointmen1:(s) and procedures, therefore, shall be provided for in by-laws to be adopted by the Commission and approved by the Council. The creation, authority and appointment of the Commission as of February 1990 is hereby ratified and affirmed upon adoption of this subsection of the Springfield Code. Section 2: Section 7-10-2 of the Springfield Code 1965 is hereby amended by the addition of the definition "Familial status" located at Section 7-10-2(9) and the renumbering of subsequent definitions as follows: "7-10-2 Definitions. For purpose of this ordinance, the following definitions shall apply to the following terms: (1) "Aqe" as defined herein for discrimination purposes shall only be considered as having been the basis of Page 1 . . . discrimination against an individual who is 18 years of age or older and under 70 years of age. (2) "Commercial Space" means any space in a building, structure, or lot or portion thereof which is used or occupied or is intended, arranged, or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distributing of personal property for commercial purposes; and any space in a building, structure or lot or portion thereof which is used or occupied, or is intended, arranged, or designed to be used or occupied for business or office purposes or for the rendering of professional or person services. . (3) "Conditions of Emplovment" include, but are not limited to, testing for training programs, employment or promotion. (4) "Disabilitv" shall be the condition of beinq disabled or a disabled person as defined in ORS 659.400(1) and ~ (5) "Discriminate" or "discrimination" means any different and unequal treatment because of race, color, religion, sex, age, marital status, familial status, disability, or national origin. (6) "Emplover" means all persons, wherever situated, who employ one or more employees within the City, or who solicit individuals within the City to apply for employment within the City or elsewhere; the term includes the City itself, its boards, commissions and authorities. (7) "Emplovee" means every individual who works for wages, salary or commission or any combination thereof in the service of an employer, but does not include a person employed by their parents, grandparents, brothers, sisters, spouse or child. In context the term also includes those who are seeking or applying for employment. (8) "Emplovment Agency" means all persons who, with or without compensation, undertake to procure opportunities for employment or to procure, recruit, refer or place employees. (9) "Familial Status" means one or more individuals (who have not attained the age of 18 years) beinq domiciled with (a) a parent or another person having legal custody of such individual or individuals: or (b) the desiqnee of such parent or other person havinq such custody. with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is preqnant or is in the process of securing leqal custodY of any individual who has not attained the aqe of 18 years. 1.l.Ql. "Housing Accommodation" means any building or structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one or more individuals, groups, or families whether or not living independently of each other; and Page 2 . . . any vacant land available for the construction of a housing accommodation. It includes lots for single or mUlti-family residential development. illl "Labor Orqanization" means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining on behalf of employees or of dealing with employers concerning grievances, terms or other conditions of employment, or for other mutual aid or protection in relation to employment. .!.lll "Lending Institution" means any person engaged in the business of lending money or guaranteeing loans. .!...lll "Marital status" means the state of being married, single, divorced, separated, or widowed and the usual conditions associated therewith, including pregnancy or parenthood. il.il "Marriage" is a civil contract entered into in person by a male at least seventeen years of age and a female at least seventeen years of age, who are otherwise capable and solemnized in accordance with ORS 106.150. Ll.2l "National Origin" includes, but is not limited to, ancestry. .!.l.Ql "Person" means individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, city boards, commissions and authorities and other organized groups, including volunteer organizations. It also includes, but is not limited to, any owner, lessor, assignor, builder, operator, proprietor, manager, superintendent, broker, salesman, officer, agent. .!.l.Zl "Places of Public Accommodation. Resort or Amusement" means every place of business, accomm6dation, refreshment, entertainment, recreation, and pUblic conveyance operated on land, water or air, whose merchandise, services, accommodations, advantages, facilities, or privileges are extended, offered, sold or otherwise made available to the general public. .!.lll "Reasonable Cause" means reasonable grounds to believe that a violation of this ordinance may have occurred or may be occurring. l..lll "Real Estate Broker" means any person, who for a fee, commission or other valuable consideration, lists for sale, sells, exchanges, purchases or rents, or offers or attempts to negotiate a sale, purchase or rental of an estate or interest in real property of another or collects, or offers or attempts to collect, rent for the use of real estate, or negotiates, or offers or attempts to negotiate, a loan secured or to be secured by a mortgage or another encumbrance upon or transfer of real estate, or holds himself/herself out as engaged in the business of selling, purchasing, exchanging or renting the real property of another. il.Ql "Real Estate Salesman or Aqent" means any individual employed by a real estate broker to perform, or to assist in the performance of, any or all of the functions of a real estate broker. Page 3 . . . . . i2.ll "Respondent" means any person who, according to the allegations contained in any complaint filed with the commission, has engaged in or is engaging in any unlawful practice contrary to the provisions of this ordinance, and who has been named in the complaint as a respondent. ~ "Vocational School" means any person who trains and teaches individuals to engage in any trade, business or vocational pursuit." section 3: Section 7-10-3 of the Springfield Code 1965 is hereby amended to read as fol~ows: 7-10-3 Unlawful Employment Practices. It shall be an unlawful employment practice: (1) For any employer to discriminate against any individual with respect to hiring, dismissal, tenure, promotion, wages, bonus or other terms and conditions of employment. (2) For any employer, employment agent or labor organization to establish, announce or follow a policy of denying or limiting through a quota system or otherwise, the employment or membership opportunities, to any group because of its race, color, religion, sex, age, marital status, familial status, disability, or national origin. (3) For any employer, employment agency or labor organization prior to employment or admission to membership with intent to discriminate against an individual. (a) To make any inquiry concerning, or make any record of, the race, color, religion, marital status, familial status, or national origin'of any applicant for employment or membership; (b) To use any employment application, personnel or membership forms containing questions or entries regarding race, color, religion, marital status, familial status, or national origin. (4) For any employer, employment agency or labor organization prior to, employment or admission to membership to cause to be printed, published, or circulated any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, color, religion, sex, age, marital status, familial status, disability, or national origin. (5) For any employment agency to fail or refuse to register, classify property, or refer for employment any individual because of their race, color, religion, sex, age, marital status, familial status, disability, or national origin. (6) For any labor organization to discriminate against any individual by limiting, segregating or classifying its membership in any way which would tend to deprive or limit the employment opportunities of such individual or otherwise, adversely affect their status as an employee or other terms and conditions of employment. Page 4 . . . . . (7) For any vocational school to discriminate against any individual in its admission and other operating procedures and practices relating to students or prospective students. (8) For any employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs: (a) To deny to or withhold from any individual because of their race, color, religion, sex, age, marital status, familial status, disability, or national origin the right to be admitted to or participate in a guidance program, an apprenticeship training program, an on-the-job training program, or other occupational training or retraining program. (b) To discriminate against any individual in the terms, conditions or privileges of such programs. (c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to sue any form of application for such programs, or to make any inquiry in connection with such programs which expresses, directly or indirectly, any discrimination or any intent to discriminate. section 4: section 7-10-5 of the Springfield Code 1965 is hereby amended to read as follows: 7-10-5 Unlawful Housing Practices. It shall be unlawful housing practices: (1) For an owner, lessee, sublessee, managing agent, or any other person having the right of ownership in, or possession of, or the right to sell, rent, or lease real estate, commercial space or housing accommodations or for a real estate broker, real estate salesman or employee or agent thereof: (a) To refuse to sell, lease, sublease, rent, assign, or otherwise transfer, or to refuse to negotiate for the sale, lease, sublease rental, assignment, or other transfer, of the title, leasehold or other interest in any real estate, commercial space or housing accommodation, to any person, or to falsely represent that real estate, commercial space or a housing accommodation is not available for inspection, sale, lease, sublease, rental, assignment or otherwise to deny or withhold any real estate, commercial space or housing accommodation from any person because of race, color, religion, sex, age, marital status, familial status, disability, or national origin. (b) To include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment, or other transfer of any real estate, commercial space or housing accommodations, any clause, condition, or restriction discriminating against any person. , (c) To publish or circulate, or cause to be published or circulated, any notice, statement, or advertisement, or to announce a policy, or to use any form of application for the purchase, lease, rental or financing of any real estate, Page 5 . . . . . commercial space or housing accommodations, or to make any record or inquiry in connection with the prospective purchase, rental or lease of any real estate, commercial space or housing accommodation which expresses directly or indirectly any discrimination. (2) For any person, bank, trust company, savings, and loan association, credit union, finance company, investment company, mortgage company, insurance company or other lending institution, agent or employee thereof to whom application is made for financial assistance for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any real estate, commercial space or housing accommodations: (a) To discriminate against any such applicant or applicants or of any member, stockholder, director, officer, or employee of such applicant or applicants, or the prospective occupants or tenants of real estate, commercial space or housing accommodations in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any such financial assistance. (b) To use any form of application for such financial assistance or to make any record of inquiry in connection with applications for such financial assistance which expresses directly or indirectly any discrimination. Section 5: Section 7-10-7 of the Springfield Code 1965 is hereby amended to read as follows: 7-10-7 Unlawful Public Accommodations Practices. It shall be an unlawful public accommodations practice: (1) For any person being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement: (a) To refuse any individual any of the accommodations, advantages, facilities or privileges of such place of public accommodation, resort or amusement because of race, color, religion, sex, age, marital status, familial status, disability, or national origin. (b) To publish, circulate, issue, display, post or mail, either directly or indirectly, any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities or privileges of such place shall be refused, withheld from or denied to an individual on account of race, color, religion, sex, age, marital status, familial status, disability, or national origin, or that the patronage of any person belonging to or purported to be of any particular race, color, religion, sex, age, marital status, familial status, disability, or'national origin is unwelcome, objectionable or not accepted, desired or solicited. Page 6 . . . . . section 6: It is hereby found and determined that matters pertaining to the amendment of this ordinance adding familial status is a matter affecting the welfare of the City of Springfield, and that an emergency is therefore found and declared to exist, and this ordinance shall therefore take effect immediately upon its passage by the Council and approval by the Mayor. Adopted by the Common Council this December , 1991, by a vote of against. 16th 5 o day of for and this Approved by the Mayor 16th day of December of the City of springfield, Oregon ,,181~0J1~ Mayor ATTEST: --tieUiJ ja~Uv ci ty Recdrder First Reading: Second Reading: AJUt--~ l/p Af/M...U~..tA<.J I f.p , 1991 , 1991 NOTE: UNDERLINING IS FOR THE CONVENIENCE IN LOCATING CHANGES AND IS NOT PART OF THE SUBSTANTIVE ORDINANCE AND THEREFORE SHOULD NOT BE INCLUDED IN CODIFICATION. '[;',:...t :D & APPROVED ':JRM ~ \)'~~ ~ \ ~~~ .'0-~(. \, \ ,'\ "-l ;F CITY ATTORNEY SPRINGFIELD <~._ !(t Page 7 .- r ~ l1;;~ ..,'"r..,.;....... , ,-"" August 7, 1991 . Honorable William Morrisette Mayor of Springfield 225 North Fifth St. Springfield, OR 97477 ECONOMIC DEVELOPMENT RE: DEPARTMENT Monitoring Report - City of Springfield Rental Rehabilitation Grant No. R87062 Dear Mayor Morrisette: Oregon Community Development Program regulations require that your Rental Rehabilitation grant be monitored periodically to review your performance and to assure that federal funds are being managed properly. On April 5 and June 25, Scott Wilson, our Project Manager for Springfield, met with Jim Long, to discuss your grant. In general, the grant program is in compliance with federal and state requirements. The program is running smoothly although behind schedule. ~~e program appears to be fulfilling the objectives stated in the grant application. However, the follow~ng finding and concerns should be brought to your attention: 1. Finding - The city's Fair Housing Resolut'ion must be updated and publicized. . 2. Concern - Staff procedures related to labor standards on rehab. projects did not appear to include review of payroll forms with interview forms. 3. Concern - The grant termination date has been extended three times. We realize this is because of staff turnover, but HUD requires these grants be completed in a timely manner. Please make every attempt to complete all individual rehab. jobs and close out the grant by September 30, 1991. The details of the finding and concerns are discussed in the monitoring report attached to this letter. Please respond to the fin9ing in writing within 30 days. Should these condition~ not be met, a finding of non-compliance with federal requirements could be made against the City of Springfield. If you have any Questions or need any assistance in this effort, please contact Scott Wilson at 378-3732, ext. 364. . .S i ncere 1 y , P!5~~ f j-v Yvonne Addington. Program Manager Community Development Programs Barbara Roi-em G(wemN ~. ."',~,... 1I0oI ~ : I) ',- 'f'<. '::\~) i \~. lh:6140T ;-75 Summer St. ~E Salem. OR 97310 (503) 373-1200 FAX (503) 581-5115 Attachment c: Jim Long, City of Springfield Intention to make,any such preferencp. limitation or discrimination. ' , (5) Represent to any person because of race, color. religion. sex, handicap, familial status, or naHonal origin that a dwelling Is not available for sale or rental when such dwelling Is In fact available. (51 Engnge in blockbusting practices in connection with the sale or rental of dwellings because of race. color, religion. sex, handicap. familial status, or national origin. (7) Deny access to or membership or participation In. or to discriminate against any person in his or her access to or membership or participation in, I,' 'any multiple-listing service, real estate brokers' assocation, or other service organization or facility relating to the business of selling or renting a dwelling or in the terms or conditions or 'membership or participation, because of race, color, religion, sex, handicap, familial status, or nationnl origin. (c) The application of the Fair Housing , A.ct with respect to persons with handicaps Is discussed In Subpllrl D of this part. ~ 100.60 Unlawful to sell or rent or to negotiate for the sale or rental. (a) It shall be unlawful for a person 10' refuse to sell or rent a dwelling 10 a person who has made a bOlla fide offer. because of race. color. religion. sex, familial status, or national origin or to refuse 10 negotiate with a person for Ihe sale or renlal of a dwelling beCllURO of race, color, religion, sex, familial slalus. or national origin, or 10 discriminale ' - againsl any person in the sale or rental of a dwelling because of handkop. (b) Prohibited actions under Ihis section include, bul are not limited to: (1) Failing to accept or consider a bona fide offer because of race, color. religion, sex,- handicap, familial slatus, or national origin. (2) Refusing to sell or rent a dwelling 10, or to negotiate for the sale or renlal of a dwelling with, any person because of race, color. religion, sex. handicap, familial slatus. or national origin. , (3) Imposing different sales prices or rental charges for Ihe sale or rental of a dwelling upon any person because of race. color. religion, sex, handicap, familial slatus, or nutionlll origin. (4) Using differenl qualification criteria or applications, or sale or renlul standards or procedures. such as Incomo slllndllrds, application requirements, application fees, credil analysis or sule or rental approval procedures or other requirements. because of race, color, religion. sex, handicap, familial status; or nalional origin. , I I i, I, ! , , i