[Adopted by Ord. No. 8-14-72C]
5.1.1.
This ordinance may be cited as the "Bethel Park Community Relations
Ordinance."
5.2.1.
The purpose of the Community Relations Commission is to provide a
committee whereby any-one having a community problem concerning discrimination
in employment, housing, education or law enforcement may obtain advice
and guidance on the solution to the problem by legal means, or by
local cooperation and education.
5.3.1.
As used in this ordinance, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from context:
5.3.2.
COMMISSION — The Bethel Park Community Relations Commission.
5.3.3.
DISCRIMINATE and DISCRIMINATION — Any difference in treatment
based on race, color, religion, ancestry, national origin or place
of birth, sex, age and political beliefs.
5.3.4.
EMPLOYEE — Shall not include any person employed in the domestic
service of another or one employed by his parents, spouse or children.
5.3.5.
EMPLOYER — Any person who employs four or more individuals
in the Municipality of Bethel Park. It shall include the municipality
and its departments, boards, commissions and agencies. Nothing herein
shall prevent any religious or fraternal organization which is not
supported in whole or part by any governmental appropriation from
giving a preference to members of said religious or fraternal organization.
5.3.6.
EMPLOYMENT AGENCY — Any person regularly undertaking with or
without compensation to procure opportunities for employment or to
procure, recruit, refer or place employees.
5.3.7.
HOUSING ACCOMMODATION:
1.
A building, structure or portion thereof which is used or occupied,
or is intended, arranged or designed to be used or occupied, as a
home, residence or sleeping place by a person, family or group of
persons living together.
2.
A parcel of real property or lot available for the construction of
commercial housing.
3.
Buildings or vacant property to be used, sold or rented for commercial
establishments.
5.3.8.
HOUSING, COMMERCIAL — Having accommodations held or offered
for sale or rent by a real estate broker, salesman or agent or any
other person pursuant to authorization of the owner, by the owner
himself or by legal representatives.
5.3.9.
LABOR ORGANIZATION — Any organization which exists for the
purpose in whole or in part of collective bargaining or of dealing
with employers concerning grievances, terms or conditions of employment
or of other mutual aid or protection in relation to employment.
5.3.10.
LENDING INSTITUTION — Any bank, insurance company, savings
and loan association or any other person regularly engaged in the
business of lending money or guaranteeing loans.
5.3.11.
OWNER — The owner, co-owner, lessee, sublessee, mortgagee,
assignee, manager, agent or other person having the right of ownership
or possession or the authority to sell, rent or lease any housing
accommodation, and includes the Municipality of Bethel Park, its departments,
boards, commissions and other agencies.
5.3.12.
PERSON — Any individual, partnership, corporation, labor organization
or other organization or association, including those acting in a
fiduciary or representative capacity, whether appointed by a court
or otherwise, partnerships, associations, the Municipality of Bethel
Park and its boards, commissions and other agencies.
5.3.13.
PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT — Any place which
is open to, accepts or solicits the patronage of the general public,
including but not limited to inns, taverns, roadhouses, hotels and
motels, whether conducted for the entertainment of transient guests
or for the accommodation of those seeking health, recreation or rest;
restaurants, eating houses or any place where food is sold for consumption
on the premises; buffets, saloons, barrooms or any store, park or
enclosure where spirituous or malt liquors are sold; ice cream parlors,
confectioneries, soda fountains and all stores where ice cream, ice
and fruit preparations or their derivatives or where beverages of
any kind are retailed for consumption on the premises; drugstores,
dispensaries, bathhouses, swimming pools, barbershops, beauty parlors,
retail stores and establishments, theaters, motion picture houses,
music halls, skating rinks, amusement and recreation parks, fairs,
bowling alleys, gymnasiums, shooting galleries, billiard and pool
parlors; public libraries, kindergartens, primary and secondary schools,
high schools, academies, extension courses and all educational institutions
under the supervision of the Commonwealth of Pennsylvania; garages
and all public conveyances, as well as the stations and terminals
thereof.
5.3.14.
REAL ESTATE BROKER — Any natural person, partnership, corporation
or other association which for a fee or other valuable consideration
manages, sells, purchases, exchanges, rents or negotiates or offers
or attempts to negotiate, the sale, purchase, exchange or rental of
the real property of another or holds itself out as engaged in the
business of managing, selling, purchasing, exchanging or renting the
real property of another or collects rent for the use of the real
property of another, and includes real estate salesmen or agents or
any other person employed by a "real estate broker" to perform or
to assist in the performance of his business.
5.4.1.
There is hereby established in the Municipality of Bethel Park a
Commission on Community Relations to function within said municipality
and to administer, implement and enforce the provisions of this ordinance.
5.4.2.
The Commission shall consist of nine members who are residents of
the Municipality of Bethel Park, to serve four year terms. Initial
appointments to said Commission shall be made by the Bethel Park Municipal
Council for terms as follows: three members for four years; three
members for three years; three members for two years. Commissioners
may be appointed to successive terms of office and may be replaced
by Council for failure to attend meetings or for other good cause
after being notified by Council and being granted a hearing if the
member so desires. Each member of the Commission shall continue in
office until his successor has been appointed and qualified.
[Amended by Ord. No. 6-12-78F; by Ord. No. 4-9-79G]
5.4.3.
The Commission shall elect one of its members as Chairman and may
elect such other officers as it may deem necessary. The Chairman may,
with the approval of the Commission, appoint such committees as may
be necessary to carry out the powers and duties of the Commission,
and the Commission may authorize such committees to take any necessary
action for the Commission.
5.4.4.
The Commission shall adopt such rules and regulations for its own
organization, operations and procedures as the Commission shall deem
necessary to administer, implement and enforce this ordinance.
5.4.5.
The Community Relations Commission shall meet monthly during each
calendar year and for any special meetings deemed necessary. Five
or more members of the Commission shall constitute a quorum for the
transaction of business, and five votes consenting favorably to the
action are necessary.
[Amended by Ord. No. 4-9-79G]
5.4.6.
The members of the Community Relations Commission shall serve without
compensation but may be reimbursed for all expenses previously authorized
by the Council.
[Amended by Ord. No. 6-18-73C]
5.5.1.
The Commission shall have the power to:
1.
Receive, investigate and act on complaints alleging discrimination
in the Municipality of Bethel Park against any person because of his
race, color, religion, ancestry, national origin, place of birth,
sex, age or political beliefs, and to seek the satisfactory conciliation
of such complaints. In addition to any action that the Commission
may take on such matters, if it is determined by the Commission that
a respondent is violating the law of the United States of America
or the Commonwealth of Pennsylvania, such complaint may be referred
to the proper federal or state agency.
2.
Certify, upon the request of any person, that a particular occupation
or position is exempt from the provisions of this ordinance relating
to unlawful employment practices if the Commission finds that the
occupation or position reasonably requires the employment of a person
or persons of a particular race, color, religion, ancestry, national
origin or place of birth or sex, and that such certification is not
sought as a means of circumventing the spirit and purpose of this
ordinance, the burden of proving the facts required for such a finding
to be in each instance upon the person requesting the certification
of exemption from the provisions of this ordinance.
3.
Study, investigate and conciliate by means of public hearings or
otherwise any conditions having an adverse effect on intergroup relations
in the Municipality of Bethel Park, and the study the problems of
prejudice, intolerance, bigotry and discrimination as they affect
the public safety and general welfare of the Municipality of Bethel
Park.
4.
Institute and conduct educational and other programs to promote the
equal rights and opportunities of all persons, regardless of their
race, color, religion, ancestry, national origin or place of birth,
sex, marital status, age or political beliefs, and to promote understanding
among persons and groups of different races, colors, religions, ancestries,
national origins or places of birth, sexes, ages and political beliefs.
In the performance of its duties, the Commission may cooperate with
interested citizens, private agencies, the Bethel Park School District
and agencies of the federal, state and local government.
5.
Issue reports of investigation and research in the field of community
relations, and to cooperate with and accept grants from public and
private agencies, including foundations, colleges and universities,
engaged in similar research.
6.
Request other departments, boards and commissions of the Borough
government to assist in the performance of its duties, and such departments,
boards and commissions shall cooperate fully with the Commission.
7.
Render, from time to time, but not less than once a year, a written
report of its activities and recommendations to the Municipality Council.
8.
Recommend legislation to promote and ensure equal rights and opportunities
for all persons regardless of their race, color, religion, ancestry,
national origin or place of birth, sex, marital status, age or political
beliefs.
5.6.1.
A complaint charging that any person has engaged or is engaging in
any unlawful practice as set forth in this ordinance, may be made
by an aggrieved person or by an organization which has as one of its
purposes the combating of discrimination or the promotion of equal
opportunities, and any complaint may be amended by the complainant
or the Commission at any time before final action has been taken by
the Commission, in accordance with such rules and regulations as the
Commission shall prescribe.
5.6.2.
The complaint shall be in writing, signed and verified, and shall
include the name and address of the person or persons alleged to have
committed the unlawful practice, a concise statement of particulars
thereof, and such other information any may be required by the Commission
in the exercise of its regulatory powers.
5.6.3.
The commission shall make a prompt and full investigation of each
complaint of an unlawful practice.
5.6.4.
If the Commission shall determine that there is no basis for the
allegations in a complaint, the complaint shall be dismissed and the
complainant notified in writing. Within 10 days from the receipt of
such notice, the complainant or his attorney may file with the Commission
a request for review, and the Commission shall provide the complainant
and his attorney an opportunity to appear before the Commission, a
member thereof, or a staff representative of the Commission. After
such a review, the Commission may reverse its decision, or if the
Commission or its representative determines that there is no basis
for the allegation, the dismissal of the complaint shall be affirmed
and there shall be no further review of such decision.
5.6.5.
If the Commission determines, after investigation, that probable
cause exists for the allegations made in the complaint, it may attempt
to eliminate the unlawful practice by means of private conferences
or meetings with all parties after serving a copy of the complaint
on the person or persons alleged to have committed the unlawful practice.
The Commission shall not make public the details of such informal
proceedings, but it may publish the terms of any agreement when a
complaint has been satisfactorily adjusted.
5.6.6.
If the Commission shall determine that a housing accommodation, as
defined in this Act, may be rented, sold or otherwise disposed of,
before determination of the case has been made, and the Commission
believes that there is probably cause to credit the allegations of
the complaint filed before it, and cannot be reconciled by conferences,
the complaint may be referred to proper legal authorities.
5.6.7.
In case of any failure to eliminate the unlawful practice charged
in the complaint by means of informal proceedings, or in advance thereof,
if in the judgment of the Commission, the facts so warrant, the Commission
may hold a public hearing to determine whether or not an unlawful
practice in violation of the Act has, in fact, been committed.
5.6.8.
Where a public hearing is held, the Commission shall require a majority
of its members to be present to conduct such a hearing. The Commission
shall serve upon the person charged with having engaged or engaging
in the unlawful practice, hereinafter referred to as respondent, a
copy of the complaint or amended complaint, and a notice of the time
and place of the hearing. The hearing shall be held not less than
10 days after the service of the statement of charges. This hearing
shall be open to the public unless the complainant or complainants,
the respondent and a majority of the Commission all stipulate that
the hearing shall be conducted in private. The respondent shall have
the right to file an answer to the complaint no more than five days
after service thereon, to appear at the hearing in person and to be
represented by counsel at such hearing, and to present other evidence
and rebuttal to the charges made by the complainant. The complainant
shall have the right to be represented by private counsel. The Commission
shall not be bound by certain rules of evidence prevailing in the
courts of law or equity. The testimony taken at the hearing shall
be under oath and shall be transcribed.
5.6.9.
If, upon all evidence presented, the Commission finds that the respondent
has not engaged in any unlawful practice, it shall state its findings
of fact in writing and dismiss the complaint. If, upon all the evidence
presented, the Commission finds that the respondent has engaged or
is engaging in an unlawful practice, it shall state its findings of
fact in writing and shall make same available to the State Human Relations
Commission, if requested.
5.7.1.
The transcribed testimony of Commission hearings, along with the
findings and recommendations of the Commission, shall be kept on file
with the official records of the Municipality Council.
5.8.1.
The provisions of this ordinance are severable, and if any provision,
sentence, clause, section or part thereof is held illegal, invalid
or unconstitutional or inapplicable to any person or circumstance,
such illegality, invalidity, unconstitutionality or inapplicability
shall not affect or impair any of the remaining provisions, sentences,
clauses, sections or parts of the ordinance or their application to
other persons or circumstances. It is hereby declared to be the legislative
intent that this ordinance would have been adopted if such illegal,
invalid or unconstitutional provisions, sentences, clauses, sections
or parts had not been included therein, and if the person or circumstances
to which the ordinance or any part thereof is inapplicable had been
specifically exempted therefrom.
5.9.1.
Any person aggrieved may appeal a finding of the Commission under
the local agency law, Act of December 2, 1968, P.L. 353, 53 P.S. 11301.
5.10.1.
This ordinance shall take effect immediately.
5.11.1.
Any other ordinance or part of an ordinance conflicting with the
provisions of this ordinance be and the same is hereby repealed so
far as the same affects this ordinance.
