HomeMy WebLinkAboutOrdinance 5602 12/16/1991
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ORDINANCE NO.
5602
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(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
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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
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(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
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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.
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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.
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(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,
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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.
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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
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;F CITY ATTORNEY
SPRINGFIELD
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August 7, 1991
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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.
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.S i ncere 1 y ,
P!5~~ f j-v
Yvonne Addington. Program Manager
Community Development Programs
Barbara Roi-em
G(wemN
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;-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.
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