[Ord. No. 1980 § 1, 8-19-2004]
(a) Members of human relations commission. There shall
be a Human Relations Commission consisting of five (5) members, appointed
by the Mayor, with the consent of the Board of Aldermen. All members
shall serve without compensation and shall serve staggered terms of
four (4) years each expiring on June 30 of the appropriate year; provided
that all members shall continue in office until their respective successors
shall have been appointed and qualified. Appointees to the first Commission
shall serve shortened terms designated at the time of appointment,
two commissioners serving for one year, one for two years, one for
three years and one for four years. In the event of death or resignation
of any member, the Mayor with the consent of the Board of Aldermen
shall appoint a successor to serve the unexpired portion of his or
her term. Commissioners must be residents of the city and registered
to vote within the city at the time of their appointment and throughout
their service on the Commission. Commission members should be interested
in the matters over which the commission has jurisdiction and qualified
by training, employment or past activities in community reconciliation
processes. Effort should be made to appoint at least one member from
each ward of the city.
(b) Organization of the commission. Each year the Mayor
shall appoint one Commissioner as Chair who shall preside at all meetings
of the Commission and perform all the duties and functions of the
Chair thereof. The Mayor shall also annually appoint one Commissioner
as Vice Chair who shall act as Chair during the absence or incapacity
of the Chair and when so acting the Vice Chair shall have and perform
ail the duties and functions of the Chair of the Commission. The terms
of office of the Chair and Vice Chair shall be for one (1) year, and
members may be reappointed to the commission and may serve consecutive
terms as Chair and Vice Chair. The Chair or Vice Chair may resign
from office at any time during the term and may do so without resigning
from the Commission. In such event, the Mayor shall elect another
member to replace the resigning officer and such person shall serve
the unexpired term of the person he or she replaces. A majority of
the appointed members of the Commission shall constitute a quorum
for the purpose of conducting the business thereof.
(c) Training for commissioners. Commission members should
receive training and orientation from and/or through the city as appropriate.
They should be familiar with all aspects of city operations, federal,
state and local anti-discrimination laws, the character of the city
and its residents, and successful techniques for dispute resolution,
mediation and community reconciliation. Commission members who fail
to participate in training offered to the Commission may forfeit their
office and be subject to removal by the Board of Aldermen.
[Ord. No. 1980 § 1, 8-19-2004]
The Commission, through its members, agents, committees and
task forces, shall have the following functions, powers, duties and
responsibilities:
(1) Promote mutual understanding and respect among all social, racial,
religious, cultural, and ethnic groups in the City and seek solutions
to related problems concerning citizens of the City with the objective
to provide an environment in which each citizen shall have the opportunity
to grow to his or her maximum potential and be treated with dignity
and respect.
(2) Endeavor to eliminate prejudice among various groups in the City
and to create harmonious relationships among citizens, groups and
agencies within the City.
(3) Encourage the cooperation of all community groups, both private and
public, and work with civil rights organizations, community organizations,
law enforcement agencies, school districts and other community educational
institutions and other groups to:
(a) Foster better human relations among the citizenry of Bellefontaine
Neighbors and within the surrounding communities when those relations
will significantly impact the quality of life in Bellefontaine Neighbors.
(b) Collect and review data relating to patterns of discrimination, hate
crimes, hate group activity and general issues of civil and human
rights and community relations.
(4) Facilitate the formation of local community groups to initiate and
coordinate discussions between individuals or groups in order to lessen
tensions and promote human relations understanding in the City.
(5) Conduct studies and assemble pertinent data for the purposes of:
(a) Developing the most effective means of improving human and community
relations.
(b) Organizing training materials for use by the commission to assist
civil and human rights and human relations agencies, neighborhood
organizations, educational institutions, law enforcement agencies,
businesses and others to prevent unfair treatment and encourage harmonious
relations among all groups in the City.
(c) Disseminating such information and research as, in its judgment,
will tend to promote good will and minimize or eliminate discrimination
in the City.
(d) Measuring effectiveness of programs established to eliminate discrimination
in the City.
(6) Conduct an inquiry into matters referred to the Commission by the
City and into complaints of discrimination within the City filed with
the Commission as hereinafter provided.
(7) Enforce the provisions of the City's Fair Housing Code, Article
II of this Chapter.
(8) Seek and enlist the cooperation of private, charitable, religious,
labor, civic or benevolent organizations for the purposes of this
section.
(9) Implement and coordinate programs that may be funded by city, county,
state and federal grants or other programs to effectuate the purposes
and policy of this Chapter.
(10) Bring to the attention of the Mayor and Board of Aldermen issues
of significance which require consideration of further legislative
or administrative action.
(11) Advise and consult with the Mayor and Board of Aldermen on matters
involving discrimination to assure effective compliance with nondiscriminatory
policies and ordinances.
(12) Study, advise and make other recommendations for legislation, policies,
procedures and practices of the City and other public entities as
are consistent with the purposes of this chapter.
(13) Prepare an annual report for the Mayor and Board of Aldermen concerning
the Commission's activities under the provisions of this division
with recommendations and pertinent comments.
(14) Regularly advise the Mayor and Board of Aldermen, through distribution
of its agendas, minutes, memoranda, reports and other pertinent documents,
of the items of business before the Commission, the ongoing status
of such items, and the dispositions of such items.
[Ord. No. 1980 § 1, 8-19-2004]
(a) Any individual who claims to be aggrieved by a discriminatory practice
may file with the commission a verified complaint in writing stating
the name and address of the person alleged to have committed such
practice, the particulars thereof, and such other information as may
be required by the commission.
(b) Any complaint filed under this section in which affirmative relief
is sought shall state what relief is sought or proposed.
(c) All such complaints shall be filed within one hundred eighty (180)
days of the date of the alleged discriminatory practice.
(d) An individual who files a complaint with the commission shall be
advised of the possibility of filing a complaint with the Missouri
Commission on Human Rights, when appropriate.
(e) Before investigating a complaint, the Commission 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 Commission 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.
(f) If the complainant and respondent are unwilling to attempt dispute
resolution or are unsuccessful in such an attempt, the Commission
shall promptly investigate the allegations of the complaint.
(g) 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.
(h) 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.
[Ord. No. 1980 § 1, 8-19-2004]
It shall be unlawful for any person to:
(1) Refuse to sell or rent after the making of a bona fide offer, or
to refuse to negotiate for the sale or rental of a dwelling to any
person because of sex, age, race, color, religion, religious affiliation,
national origin, familial status or disability;
(2) Discriminate against any person in the terms, conditions, privileges
of sale or rental of a dwelling or in the provision of services or
facilities in connection therewith because of sex, age, race, color,
religion, religious affiliation, national origin, familial status
or disability;
(3) Make, print, or publish or cause to be made, printed, or published
any notice, statement or advertisement with respect to the sale or
rental of a dwelling that indicates any preference, limitation, or
discrimination based on sex, age, race, color, religion, religious
affiliation, national origin, familial status or disability, or an
intention to make any such preference, limitation or discrimination;
(4) Represent to any person because of sex, age, race, color, religion,
religious affiliation, national origin, familial status or disability
that any dwelling is not available; or
(5) For profit, induce or attempt to induce any person to sell or rent
any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular
sex, age, race, color, religion, religious affiliation, national origin,
familial status or disability.
[Ord. No. 1980 § 1, 8-19-2004]
It shall be unlawful for any bank, building and loan association,
insurance company or other corporation, association, firm or enterprise
whose business consists in whole or in part in the making of commercial
real estate loans to deny a loan or other financial assistance to
a person applying therefore for the purpose of purchasing, constructing,
improving, repairing, or maintaining a dwelling, or to discriminate
against him in the fixing of the amount, interest rate, duration,
or other terms or conditions of such loan or other financial assistance
because of the sex, age, race, color, religion, religious affiliation,
national origin, familial status or disability of such person or of
any person associated with him in connection with such loan or other
financial assistance, or of the present or prospective owners, lessees,
tenants, or occupants of the dwelling or dwellings in relation to
which such loan or other financial assistance is to be made or given.
[Ord. No. 1980 § 1, 8-19-2004]
Nothing in this article shall prohibit a religious organization,
association, or society, or any non-profit institution or organization
operated, supervised or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental
or occupancy of dwellings which it owns or operates for other than
a commercial purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is
restricted on account of sex, age, race, color, or national origin;
nor shall anything in this article prohibit a private club not in
fact open to the public, which as an incident to its primary purpose
or purposes provides lodgings which it owns or operates for other
than a commercial purpose to persons of the same religion, or from
giving preference to such persons, unless membership in such religion
is restricted on account of sex, age, race, color, or national origin;
nor shall anything in this article prohibit a private club not in
fact open to the public, which as an incident to its primary purpose
or purposes provides lodgings which it owns or operates for other
than a commercial purpose, from limiting the rental or occupancy of
such lodgings to its members or from giving preference to its members.