[HISTORY: Adopted by the City of Norwalk Common Council 9-13-1966; amended in
its entirety 8-27-2002. Subsequent amendments noted where applicable.]
PREAMBLE
Pursuant to the authority granted to said Common Council of
Norwalk, Connecticut, by the General Statutes of the State of Connecticut,
and Special Acts of the State of Connecticut, there shall be established,
organized and appointed for such City, a Human Relations Commission
created for the purposes as stated herein and having delegated to
it the powers, duties and responsibilities as hereinafter set forth.
[Amended 6-22-2021]
A.
A City agency is hereby created through which the City of Norwalk
officially may encourage and bring about mutual understanding and
respect among all groups in the City, eliminate prejudice, intolerance,
bigotry, discrimination and disorder occasioned thereby and give effect
to the guaranty of equal rights for all assured by the Constitution
and the laws of the State of Connecticut and of the United States
of America.
B.
To promote mutual understanding and respect among, and encourage
and assure equality of opportunity for, all the people of Norwalk
without regard for their race, color, religion, creed, national origin,
ancestry, alienage, sex, age, marital status, sexual orientation (defined
as heterosexuality, homosexuality, bisexuality, pansexuality, or asexuality,
in each case whether actual or perceived), gender identity or expression,
lawful source of income, familial status, past or present history
of mental disability, intellectual disability, learning disability,
physical disability, including, but not limited to, blindness or deafness,
and/or status as a veteran; to conduct such programs of education,
study, research, investigation and action as will contribute to carrying
out the purposes and provisions of this chapter; and to cooperate
with governmental and nongovernmental agencies and organizations in
the field of intergroup relations and equal opportunities; and
C.
To supplement through official local action the implementation in
Norwalk of Sections 46a-60 and 46a-81c of the General Statutes
of the State of Connecticut (prohibiting unfair employment practice)
and of Sections 46a-64, 46a-64c, 46a-81d, and 46a-81e of the General
Statutes of the State of Connecticut (prohibiting denials of full
and equal accommodations, including housing) the provisions whereof
are incorporated herein by reference. References in this chapter to
such sections of the General Statutes shall include such amendments
thereof as may be made from time to time.
[Amended 6-22-2021]
As used in this chapter, the following terms shall have the
meanings indicated:
Any unlawful difference in treatment based on race, color,
religion, creed, national origin, ancestry, alienage, sex, age, marital
status, sexual orientation (defined as heterosexuality, homosexuality,
bisexuality, pansexuality, or asexuality, in each case whether actual
or perceived), gender identity or expression, lawful source of income,
familial status, past or present history of mental disability, intellectual
disability, learning disability, physical disability, including, but
not limited to, blindness or deafness, and/or status as a veteran,
and includes segregation, except that it shall not be discrimination
for any religious or denominational institution to devote its facilities
exclusively or primarily to or for members of its own religion or
denomination or to give preference to such members or to make such
selection as is calculated by such institution to promote the religious
principles for which it is established or maintained. Exceptions under
Sections 46a-60, 46a-64, 46a-64c, and 46a-81a through 46a-81aa of
the Connecticut General Statutes shall be exceptions under this chapter.
Includes an individual, partnership, association, corporation,
legal representative, trustee, trustee in bankruptcy and receiver.
Any institution which is operated for religious purposes
or is operated, supervised or controlled by a religious or denominational
organization.
An unfair employment practice in violation of Section 46a-60
or 46a-81c of the Connecticut General Statutes or a denial of full
and equal accommodations, including discrimination, segregation or
separation, in housing or in any other place of public accommodation,
resort or amusement, hereinafter referred to as "housing or other
accommodation," in violation of Sections 46a-64, 46a-64c, 46a-81d,
and 46a-81e of the Connecticut General Statutes.
The Commission shall consist of 11 members, each of whom shall
be an elector of the City of Norwalk. Commission members shall serve
without compensation and shall be appointed by the Mayor with the
approval of the Common Council.
A.
The initial members shall be appointed for terms which shall end
as follows:
|
Term
|
Number of Years
| |
|---|---|---|
|
Ending September 1, 1967
|
4
| |
|
Ending September 1, 1968
|
4
| |
|
Ending September 1, 1969
|
3
|
B.
Thereafter, each member shall serve for a term of three years. In
the event of death or resignation of any member, a successor shall
be appointed to serve the unexpired term. Unless a member resigns,
each member shall continue to serve until his successor shall have
been appointed and qualified.
A.
The Commission shall select the Chairman from among the current Commissioners
and such other officers as necessary at its first meeting and each
year thereafter, during the month of September, or at the next meeting
where a quorum exists. Said Chairman and officers shall serve in their
capacities for one year. The office of Chairman shall not be held
by the same Commissioner for more than two consecutive years. The
Commission shall hold regular meetings, at least one each month, and
designate the time and place thereof, provided that any such meeting
shall take place in a building that is handicapped accessible. The
Commission shall adopt rules and regulations for the transaction of
business within its jurisdiction and shall keep records of all of
its proceedings. Two copies of the minutes of its regular meetings
and, with the help of the Comptroller, monthly reports of receipts
and expenditures, shall be filed with the City Clerk, as Clerk of
the Common Council. One copy of the minutes shall be available at
all reasonable times for public inspection. All records of the Commission
shall be deemed to be public records except as otherwise restricted
herein.
B.
A majority of sitting Commissioners shall constitute a quorum.
C.
The Commission may adopt such rules and regulations, including rules
of practice, not in conflict with this chapter, as it deems necessary
to effectuate the purposes and provisions thereof.
[Amended 6-22-2021]
The Commission shall have the power and duty:
A.
To work with federal, state and City agencies as well as private,
civic, religious, business, industrial, labor and other organizations,
groups and persons to achieve harmonious intergroup relations in the
community as well as to develop and establish positive programs which
will help all members of the community enjoy equality of opportunity
in all phases of community life.
B.
To study and investigate and seek to resolve individual or community
problems of limited opportunities, prejudice, discrimination, segregation
and disorder and tension occasioned thereby.
C.
To issue reports and publications on its study, research and investigations
designed to promote greater understanding of the problems, needs and
progress in the field of intergroup relations and equal opportunities.
D.
To enter into cooperative working arrangements with the Connecticut
Commission on Human Rights and Opportunities and other state and federal
agencies having related responsibilities when such arrangements will
aid in carrying out the purposes and provisions of this chapter and
in maximizing the effectiveness of and avoiding duplication of effort
by the Commission and such agencies.
E.
Through cooperation with the Connecticut Commission on Human Rights and Opportunities, the United States Commission on Civil Rights, and all state, federal and municipal agencies and officers, to assist and afford appropriate relief to any person in the City of Norwalk who has been denied full and equal accommodations (including housing) in violation of Sections 46a-64, 46a-64c, 46a-81d, and 46a-81e of the General Statutes of the State of Connecticut, or against whom there has been committed an unfair employment practice in violation of Section 46a-60 or 46a-81c of the General Statutes, inclusive of sexual orientation discrimination as defined in Norwalk Code § 60-2.
F.
To, upon the approval of the Mayor and the Common Council, accept
outside funds, gifts or bequests, public or private. The Commission
may also seek reimbursement for costs incurred in providing requested
services to businesses, organizations and other parties.
G.
To conduct investigations and assemble data for the purpose of preparing
proposed ordinances, rules and regulations in keeping with the purposes
of this chapter only; shall have the power from time to time to prepare
and submit such ordinances, rules and regulations for the consideration
of the Common Council within the areas set forth in the purposes for
this chapter only; shall have the power to make written recommendations
to other subdivisions, commissions and agencies of the City of Norwalk
concerning matters within the purposes of this chapter only. In the
course of conducting investigations, holding hearings, both public
and private, and assembling data for the purposes aforementioned,
the Commission may request, but shall not have the power to compel,
the presence of persons and private records.
H.
To investigate, hold hearings and resolve claims of discrimination.
Pursuant to Connecticut General Statutes § 7-148j, these
powers include the power to issue subpoenas and subpoenas duces tecum,
the power to issue written interrogatories and require written answers
under oath, the power to hold hearings relating to any allegation
of discriminatory practice which it has reasonable cause to believe
has occurred, the power to issue any appropriate orders including
those authorized by § 46a-86 and the power to petition the
Superior Court for enforcement of any of the above. The Commission
may also petition the Superior Court for temporary injunctive relief
upon a finding that irreparable harm to the complainant will otherwise
occur.
I.
The Commission or its designated agent shall have the right to apply
to the Superior Court or other court of competent jurisdiction for
an order compelling any individual whose presence, testimony or records
are deemed necessary to effectively carry out the provisions of this
chapter to appear before the Commission and testify or submit records
in the manner and according to the rules governing the same in courts
of justice. The courts shall have the power to issue subpoenas and
to enforce the presence and testimony of such individuals (or records)
in the same way and to the same extent as they now have the power
to enforce and compel the presence or testimony of witnesses and availability
of records in each of said courts.
J.
For the fiscal year September 1, 1966, through August 31, 1967, the
Commission shall prepare an operating budget for submission to the
Common Council. Said budget may be approved by a majority vote of
the Council or may be modified or amended by a two-thirds vote of
the entire membership of the Common Council. Said budget shall, thereupon,
be given to the Comptroller for presentation to the Board of Estimate
and Taxation as a request for funds from the Fifth District contingency
and shall be processed in accord with the provisions of the Charter
of the City of Norwalk regarding special appropriations out of contingency
funds. Thereafter, the Commission shall prepare an annual operating
budget for submission to the Common Council on or before the Common
Council's first meeting in May of each year. Said budget may
be approved by a majority vote of the Council or may be modified or
amended by two-thirds vote of the entire membership of said Council.
Said budget shall thereupon be given to the Comptroller for presentation
to the Board of Estimate and Taxation.
K.
The Commission (subject to the qualifications as hereinafter set forth in § 60-8) shall have the power to employ a Director of Human Relations who is properly qualified in experience and education in community relations work. All personnel shall work in cooperation with and under the guidance of the Commission. The salaries of personnel shall be recommended by the Commission and approved by the Common Council.
L.
The Commission shall have the right to call upon any other department
of the City government for assistance in performing its duties; and
it shall be the duty of such other departments to comply with a proper
request of the said Commission. Any questions as to what shall constitute
a proper request for assistance shall be decided by the Mayor.
M.
The Commission may, within the limits of its annual or special appropriation,
enter into all contracts necessary to carry out the proper administration
of the affairs of the Commission.
N.
The Commission may, by its own regulations, prescribe the procedures
for the processing of complaints as it may deem necessary to carry
out the purposes of this chapter.
A.
Any complaint of discrimination filed shall be made under oath.
B.
No finding of a violation of a local code of prohibited discriminatory
practices shall be made except after a hearing.
C.
An affirmative vote of 2/3 of a quorum is required to schedule a
hearing. After approval, a hearing date will be issued by the Chairman
no later than 45 days from the next scheduled Commission meeting.
D.
The Commission shall serve as the hearing tribunal, provided that
at least five Commissioners are present. At the hearings, the tribunal
will administer oaths and hear sworn testimony.
E.
At any hearing before the Commission, both the complainant and the
respondent shall be given reasonable advance written notice of the
hearing, shall be allowed to be accompanied by their own counsel and
shall be permitted to testify and present and cross-examine witnesses.
F.
Hearings will be open to the public. A party to the complaint may
petition the Commission to seal the proceedings, to be granted at
the discretion of the Commission or as may otherwise be required by
law.
G.
The decision resulting from the hearing shall be in writing and shall
include written findings of the facts upon which the decision is based.
The Commission shall submit a written report to the Mayor setting
forth the findings of the tribunal and the Commission's actions and
recommendations.
H.
No statement shall be issued by any Commissioner regarding the hearing
or recommendations set forth in the report until the Mayor and all
interested parties have received the written report.
Pursuant to § 7-1481 of the Connecticut General Statutes,
any respondent or complainant aggrieved by a final order of the Commission,
or any complainant aggrieved by the dismissal of his/her complaint
by the Commission, may appeal to the State Commission on Human Rights
and Opportunities. Any such appeal shall be filed within 30 days of
the mailing of the written decision.
A.
The Director of Human Relations shall have at a minimum a bachelor(s)
degree in sociology or a law degree, or an equivalent degree, from
an accredited college or university, together with at least three
years' experience in the work of community organization or discrimination
law.
B.
Said Director shall recommend for employment such personnel as are
required to carry out the duties and responsibilities assigned to
the Director and the Commission pursuant to the ordinance; provided,
however, that the employment of personnel, their number, duties, responsibilities
and salaries shall be approved by the Commission and by the Common
Council.
The provisions of this chapter are severable, and if any provision
of this chapter or the application of such a provision to any person
or circumstance shall be held invalid, the remainder of the chapter
or the application of such provision to persons or circumstances other
than those to which it is held invalid, shall not be affected thereby.
This chapter is adopted pursuant to the terms of Connecticut General Statutes §§ 7-148i to 7-148n, inclusive, and shall take effect after due compliance with the provisions of §§ 7-148i to 7-148n, inclusive, of the Connecticut General Statutes and of § 1-193 of the Norwalk City Charter.
