[Ord. No. 666, § 1, 10-29-1990]
There is hereby established a municipal board to be known as
the "Human Rights Commission" of the City of Pittsfield (hereinafter
referred to as “Commission”).
[Ord. No. 666, § 1, 10-29-1990; Ord. No. 702, § 1,
4-29-1992; Ord. No. 1166, § I, 3-22-2016]
(a) Purpose and intent. It is the finding of the City of Pittsfield that
no individual should be denied equal treatment or opportunity as a
result of his or her age, ancestry, color, disability, family status,
gender identity or expression, military status, marital status, national
origin, race, religion, source of income, sex or sexual orientation.
(b) Policy. It is the policy of the City of Pittsfield to uphold the
human rights of all persons in Pittsfield and the free exercise and
enjoyment of any and all rights and privileges secured by the Constitutions,
laws, ordinances and regulations of the United States, the Commonwealth
of Massachusetts and the City of Pittsfield. As such, actions that
may deny or tend to deny to an individual equal access or opportunity
in matters of housing, employment, education, municipal services,
contracts, purchasing or public accommodations on the basis of age,
ancestry, color, disability, family status, gender identity or expression,
military status, marital status, national origin, race, religion,
source of income, sex or sexual orientation are hereby prohibited.
The City shall protect each individual in the enjoyment of his or
her individual civil rights and shall encourage and bring about mutual
understanding and respect among all individuals in the City through
mutual acceptance and tolerance.
[Ord. No. 666, § 1, 10-29-1990; Ord. No. 1121, § I, 3-10-2015; Ord. No. 1142, § XXXVI, 9-29-2015; Ord. No. 1203, § I, 4-10-2018]
The Human Rights Commission shall consist of nine members, one of whom shall be the City Council President or his/her designee, and the other shall be the Personnel Director of the School Department or his/her designee. In accordance with Article 2, Section
2-10, Article 3, Section
3-3 and Article
6 of Chapter 72 of the Acts of 2013, the Mayor shall appoint all of the members to the Human Rights Commission subject to City Council approval. The terms of initial appointment shall be for one, two or three years and must be so arranged so that approximately 1/3 of the members will expire each year. After the expiration of the initial appointments, each member shall serve a term of three years. In the event of a vacancy, the Mayor shall appoint a successor as soon as practicable, subject to City Council approval, and said successor shall fulfill the unexpired term of the member whose seat was vacated.
The members of the Commission shall serve without compensation. In accordance with Article
10, Section
10-6(a) of the City Charter enacted by Chapter 72 of the Acts of 2013, the Commission shall elect a chair, a vice chair, and any other officer it deems necessary.
[Ord. No. 666, § 1, 10-29-1990; Ord. No. 1142, § XXXVII, 9-29-2015]
In accordance with Article
10, Section
10-6(b) of the City Charter enacted by Chapter 72 of the Acts of 2013, the Commission shall establish rules in connection with the Commission's meetings.
[Ord. No. 666, § 1, 10-29-1990; Ord. No. 1142, § XXXVIII, 9-29-2015]
The Commission shall keep a detailed record of its acts and proceedings in accordance with Article
10, Section
10-6(c) of the City Charter enacted by Chapter 72 of the Acts of 2013.
[Ord. No. 666, § 1, 10-29-1990; Ord. No. 701, § 1,
4-29-1992]
The function of the Commission shall be to implement the policy
of this article by the exercise of the following powers and duties.
(4) To issue such publications and such results of investigations and
research as in its judgment will tend to promote good will and minimize
or eliminate discrimination because of race, color, religious creed,
national origin, sex, marital status, handicap, age, or ancestry;
provided, however, that no publication or results of investigation
or research shall be issued pending the investigation or the outcome
of a criminal trial in which a member or members of the Pittsfield
Police Department or other police agencies of the Commonwealth of
Massachusetts or federal police agencies are involved, provided that
publication or results of investigation or research may be issued
after the termination of any such trial process in any District Court
of Berkshire County or after the conclusion of any such trial in the
Berkshire Superior Court, and then only through the office of the
mayor.
[Ord. No. 1203, § I, 4-10-2018]
(5) To cooperate with federal, state, and city agencies, including the
school department and the MCAD, in developing courses of instruction
for presentation in public and private schools, public libraries,
and other suitable places, devoted to eliminating prejudice, intolerance,
bigotry and discrimination and showing the need for mutual self-respect
and the achievement of harmonious intergroup relationship in the City
of Pittsfield, and to enlist the cooperation of the various racial,
religious, and ethnic groups, civic and community organizations, labor
organizations, fraternal and benevolent organizations, and other groups
to effectuate the policy of this article.
(6) To create such subcommittees from the members of the commission as
in the commission’s judgment will best aid in effectuating the
policy of this article and to empower such subcommittees to study
the problems of prejudice, intolerance, bigotry, and discrimination
prevailing in the City of Pittsfield.
(7) To cooperate with the affirmative action officer and the department
of administrative services, both of the City of Pittsfield, or their
successors, in effectively and aggressively developing, administering,
and enforcing the Affirmative Action Program of the City of Pittsfield.
(8) To make such recommendations to the mayor as in its judgement will
effectuate the policy of this article and annually to make a written
report to the mayor and city council of its activities.
(9) To perform such other duties as may be prescribed under law.
[Ord. No. 666, § 1, 10-29-1990]
The commission may, with the approval of the mayor and city
council, on behalf of the City of Pittsfield, accept contributions,
grants and appropriations from other governmental agencies and from
civic and charitable foundations, trusts and other organizations private
or public, to effectuate the policy of this article.
[Ord. No. 666, § 1, 10-29-1990; Ord. No. 1203, § I, 4-10-2018]
So far as practicable and subject to the approval of the mayor,
or in the case of the school department, the school committee, the
cooperation of all other city departments, agencies, and commissions
shall be made available to the commission for effectuating the policy
of this article, provided such cooperation shall not be construed
to mean provision of direct staff services for powers under this article.
The head of any department, agency, or other commission shall
furnish information in the possession of such department, agency,
or commission when the commission, after consultation with and approval
of the mayor, or the superintendent of schools, as the case may be,
so requests and where such information relates to the duties and responsibilities
of the commission; and provided further that the furnishing of any
such information, records or data shall not violate the rights of
privacy, privilege or confidentiality of any person or otherwise be
in violation of law.
[Ord. No. 666, § 1, 10-29-1990; Ord. No. 1203, § I, 4-10-2018]
The Commission may adopt rules and regulations consistent with
this article and the laws of the commonwealth to carry out the policy
and provisions of this article and the powers and duties of the Commission
in connection therewith.
Any person or persons appearing before the Commission who avails
himself, herself, or themselves of constitutional guarantees shall
not be punished in any way by invoking such constitutional guarantees.
[Ord. No. 666, § 1, 10-29-1990]
Nothing in this article shall be interpreted to contravene the
General Laws of this commonwealth.
[Ord. No. 666, § 1, 10-29-1990]
If any provision or section of this article shall be held to
be invalid, then such provision or section shall be considered separately
and apart from the remaining provisions or sections of this article,
which shall remain in full force and effect.
