[Ord. No. 1475-20, 12/14/2020]
WHEREAS, the equality of all individuals is a basic tenet of
the Constitution of the United States; and
WHEREAS, the population of the Borough of Gettysburg is reflective
of the general population of the United States of America and consists
of people possessing a number of different personal characteristics
regarding their race, color, sex, religion, religious creed or belief,
ancestry, national origin, familial status, marital status, age, veteran
status, mental or physical disability or handicap, or the use of service
or assistance animals or the handler or trainer of such service animals;
and
WHEREAS, the direct negative and secondary effects of discriminatory
practices involving the personal characteristics set forth herein
in matters of employment, public accommodation, housing and commercial
property in this country are well known and have been extensively
studied and demonstrated; and
WHEREAS, the practice or policy of discrimination against such
individuals or groups is a matter of public concern that threatens
the rights and privileges of the residents, guests and employees,
who respectively live, visit or work in the Borough of Gettysburg;
and
WHEREAS, the Borough Council of the Borough of Gettysburg desires
to establish and adopt an official policy of nondiscrimination within
the Borough in all matters involving employment, public accommodation,
housing and commercial property; and
WHEREAS, the Pennsylvania Human Relations Act, at 43 P.S. 962.1,
authorizes the legislative body of a political subdivision to establish
a local human relations commission with certain powers similar to
those of the Pennsylvania Human Relations Commission; and
WHEREAS, the Borough Council of the Borough of Gettysburg recognizes
the Pennsylvania Human Relations Commission Guidance on Discrimination
on the Basis of Sex under the Pennsylvania Human Relations Act as
an important interpretative resource; and
WHEREAS, the Borough Council of the Borough of Gettysburg desires
to establish a local human relations commission pursuant to the authority
set forth in 43 P.S. § 962.1 of the Pennsylvania Human Relations
Act.
BE IT ENACTED AND ORDAINED by the Borough Council of the Borough
of Gettysburg, Adams County, Pennsylvania, by virtue of the power
and authority vested in said Borough Council, as follows.
[Ord. No. 1475-20, 12/14/2020]
This Part may be cited as the "Borough of Gettysburg Nondiscrimination
and Local Human Relations Commission Ordinance."
[Ord. No. 1475-20, 12/14/2020]
1.
The Borough of Gettysburg finds that it is of high public importance
to adopt appropriate legislation to ensure that all persons, regardless
of race, color, sex, religion, religious creed or belief, ancestry,
national origin, familial status, marital status, age, veteran status,
mental or physical disability or handicap, or the use of service or
assistance animals or the handler or trainer of such service animals,
enjoy the full benefits of citizenship and are afforded equal opportunities
for employment, public accommodation, housing and commercial property.
2.
The Borough Council of the Borough of Gettysburg hereby declares
it to be the public policy of the Borough of Gettysburg to foster
equality and equal opportunity for all citizens, regardless of race,
color, sex, religion, religious creed or belief, ancestry, national
origin, familial status, marital status, age, veteran status, mental
or physical disability or handicap, or the use of service or assistance
animals or the handler or trainer or such service animals, in all
matters affecting employment, public accommodation, housing and commercial
property and to safeguard the right of all persons to remain free
from discrimination or discriminatory practices in any of the foregoing
aspects of their lives.
3.
It is the express purpose and intent of this Part that all persons
be treated fairly and equally and that all persons within the Borough
of Gettysburg be guaranteed fair and equal treatment under law.
4.
This Part shall be deemed an exercise of the police power of the
Borough of Gettysburg, as provided under the Borough Code, for the
protection of the public safety, welfare, health and peace of the
community of the Borough of Gettysburg.
[Ord. No. 1475-20, 12/14/2020]
1.
ACT
BOROUGH
BOROUGH COUNCIL
BOROUGH OFFICE
COMMISSION
COMPLAINANT(S)
DISCRIMINATION
DISCRIMINATORY ACTS
EMPLOYER
FAIR HOUSING ACT
GUIDANCE
PERSON
PUBLIC ACCOMMODATION
RESPONDENT(S)
SEX
A.
B.
C.
D.
E.
F.
The following words and phrases, when used in this Part, shall have
the meanings given to them in this section:
The Pennsylvania Human Relations Act, Act of 1955, P.L. 744,
No. 222, 43 P.S. § 951 et seq., as amended.
The Borough of Gettysburg, County of Adams, Pennsylvania.
The Borough Council of the Borough of Gettysburg, Adams County,
Pennsylvania.
The municipal office building of the Borough of Gettysburg
located at 59 East High Street, Gettysburg, Pennsylvania 17325.
The Gettysburg Borough Human Relations Commission as established
by this Part pursuant to 43 P.S. § 962.1 of the Pennsylvania
Human Relations Act.
Any person or persons filing a complaint alleging discriminatory
acts committed in violation of this Part.
Any discriminatory act or acts taken within the Borough of
Gettysburg by any person, employer, employment agency, labor organization
or public accommodation on the basis of race, color, sex, religion,
religious creed or belief, ancestry, national origin, familial status,
marital status, age, veteran status, mental or physical disability
or handicap, or the use of service or assistance animals or the handler
or trainer of such service animals.
Includes, but is not limited to, all acts set forth in the
Human Relations Act, at 42 P.S. § 955, as unlawful discriminatory
practices.
Any person, as defined in this section, including the Borough
of Gettysburg, its departments, boards and commissions, and any other
government agency or school district within its jurisdiction, employing
four or more employees.
The Fair Housing Act, P.L. 90-284, 42 U.S.C. § 3601
et seq., as amended.
The Pennsylvania Human Relations Commission Guidance on Discrimination
on the Basis of Sex under the Pennsylvania Human Relations Act, issued
on August 2, 2018, and any subsequent amendments thereto.
One or more individuals, partnerships, associations, organizations,
corporations, limited liability entities, or similar business entities,
including the Borough, its departments, authorities, boards and commissions,
and other for-profit and nonprofit organizations.
Any accommodation, including, but not limited to, those set
forth in the Pennsylvania Human Relations Act, at 43 P.S. § 954,
which is open to, accepts or solicits the patronage of the general
public or offers goods or services to the general public, but shall
not include accommodations which are in their nature distinctly private.
Any person or persons alleged to have committed discriminatory
acts in violation of this Part.
May refer to sex assigned at birth, sexual orientation, gender
identity, gender expression, gender transition and/or transgender,
defined as follows:
SEX ASSIGNED AT BIRTHThe assignment and classification of individuals at birth, including, but not limited to, male, female, and intersex, and the related physical differences between the sexes, such as pregnancy.
SEXUAL ORIENTATIONAn inherent or immutable enduring emotional, romantic or sexual attraction to other people, including, but not limited to, heterosexual, homosexual and bisexual.
GENDER IDENTITYOne's innermost concept of self as male, female, a blend of both, or neither; how individuals perceive themselves and what they call themselves. One's gender identity can be the same or different from their sex assigned at birth.
GENDER EXPRESSIONThe external appearance of one's general identity, usually expressed through behavior, clothing, haircut or voice, which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine.
GENDER TRANSITIONThe process by which some people strive to more closely align their internal knowledge of gender with its outward appearance. Some people socially transition, whereby they might begin dressing, using names and pronouns and/or be socially recognized as another gender. Others undergo physical transitions in which they modify their bodies through medical interventions and procedures.
TRANSGENDERAn umbrella term for people whose gender identity and/or expression is different from cultural expectations based on the sex they were assigned at birth. Being transgender does not imply any specific sexual orientation.
2.
Any terms not expressly defined herein shall be construed in accordance
with the Pennsylvania Human Relations Act and consistent with the
Guidance issued by the Pennsylvania Human Relations Commission.
[Ord. No. 1475-20, 12/14/2020]
1.
Discrimination in employment, public accommodations, housing and
commercial property, within the Borough of Gettysburg, is prohibited
under this Part.
2.
Retaliation against any individual because such individual has opposed
any practice forbidden by this Part, or because such individual has
made a charge, testified or assisted in any manner in any investigation
or proceeding under this Part, is prohibited.
3.
Aiding, abetting, inciting, compelling or coercing the doing of any
act declared by this Part to be an unlawful practice, or obstructing
or preventing any person from complying with the provisions of this
Part, is prohibited.
[Ord. No. 1475-20, 12/14/2020]
1.
Nothing contained herein shall apply to a religious corporation,
association, educational institution or society, not supported in
whole or in part by governmental appropriations, with respect to the
employment of individuals of a particular religion to perform work
directly connected to carrying on its religious activities.
2.
Nothing contained herein shall bar any religious or denominational
institution or organization, or any organization operated for charitable
or educational purposes which is operated, supervised or controlled
by or in connection with a religious organization, not supported in
whole or in part by governmental appropriations, from limiting admission
to or giving preference to persons of the same religion or denomination
with regard to the occupancy, leasing, sale or purchase of any housing
accommodation.
[Ord. No. 1475-20, 12/14/2020]
1.
The Gettysburg Borough Human Relations Commission (hereinafter referred
to as the "Commission") is hereby established pursuant to the authority
set forth in 43 P.S. § 962.1 of the Pennsylvania Human Relations
Act.
A.
The Commission shall consist of five members. The terms of office
of the Commission members shall be five years, and the terms shall
be so fixed that the term of office of one member of the Commission
shall expire each year, and members may succeed themselves. The membership
of the Commission shall be appointed by resolution adopted by the
Borough Council. The Borough Council may also appoint at least one,
but no more than three, individuals to serve as an alternate member
or members of the Commission. The term of office of an alternate member
shall be three years. The Commission shall promptly notify the Borough
Council of any vacancies which occur in the membership of the Commission.
Appointments by the Borough Council to fill vacancies shall be only
for the unexpired portion of the term of membership.
B.
Members or alternate members of the Commission must be either residents
of the Borough or must be employed on a full-time basis within the
Borough with their principal office or primary place of employment
located within the Borough. The full membership of the Commission
shall be comprised of at least three residents of the Borough. In
making its appointments to the membership of the Commission, the Borough
Council may provide due consideration to an individual who is an attorney
or who has a background of service within the legal community of the
Borough and Adams County; and may also provide due consideration to
an individual from the Gettysburg Ministerium of Churches. A member
or alternate member of the Commission shall not hold another Borough
office, either elected or appointed, and shall not be an employee
of the Borough. Members or alternate members of the Commission may
not hold office in any political party. Members or alternate members
of the Commission shall serve without compensation but may be reimbursed
for expenses incurred in the performance of their duties.
C.
The Commission shall elect from its membership a Chairperson, who
shall serve an annual term and, if elected, may serve successive terms
as Chairperson. The Chairperson shall be responsible for setting Commission
meetings, coordinating with the Borough regarding received complaints
and answers, and generally ensuring that the duties of the Commission
are fulfilled. The Chairperson may delegate responsibility for Commission
duties to specific Commission members. The Chairperson shall report
to the Borough Council quarterly regarding the activities of the Commission.
D.
Members of the Commission shall, as soon after their appointment
as practical, attend such training and education seminars or sessions
as deemed necessary to acquaint themselves with the functioning of
the Commission under this Part, as well as the terms, conditions,
and provisions of the Pennsylvania Human Relations Act, and the operation
of the Pennsylvania Human Relations Commission. Such training and
education shall be as directed by the Chairperson and may be performed
in conjunction with the Pennsylvania Human Relations Commission or
such other qualified trainer or educator in any such related fields,
to include that of mediation.
E.
The Commission shall have all authority and powers necessary to carry
out the purposes of this Part and the duties of the Commission hereunder,
provided that such powers shall not exceed those exercised by the
Pennsylvania Human Relations Commission under the Pennsylvania Human
Relations Act.
F.
The Commission shall operate within the scope of funds that may be
allocated, on an annual basis, by the Borough Council and shall not
exceed the annual allocation in any year, except upon prior approval
of the Borough Council. In adopting this Part, the Borough Council
hereby expresses its intention that the operation of the Commission
shall be supported by volunteers and volunteer efforts and shall be
as close to "zero cost" to the Borough as is reasonably feasible.
[Ord. No. 1475-20, 12/14/2020]
1.
Any person(s) claiming to be aggrieved [the "complainant(s)"] by
discriminatory acts may make, sign and file a verified complaint alleging
violations of this Part, which shall include the following information:
A.
The name, phone number, and address of the complainant(s);
B.
The name, phone number, and address of the person(s) alleged to have
committed the discriminatory act or acts [the "respondent(s)"];
C.
A concise statement of the facts, including pertinent dates and locations,
constituting the alleged discriminatory act or acts;
D.
If applicable, the address and a description of any residential or
commercial property or public accommodation that is involved; and
E.
Such other information as may be required by the Commission.
2.
Complaints shall be filed in person at the Borough Office or by mailing
such complaints to the Borough Office.
A.
All complaints must be received by the Borough Office within 60 days
of the alleged discriminatory act or acts in order to be considered
timely.
B.
All complaints shall be directed to the Borough Manager's Office.
C.
The Borough Manager's Office shall convey the complaint to the
Chairperson of the Commission within 10 days of receipt of the complaint.
[Ord. No. 1475-20, 12/14/2020]
1.
Within 30 days of its receipt of a complaint, the Commission shall:
A.
Provide a copy of the complaint to the respondent(s), together with
a copy of this Part;
B.
Provide notice to the complainant(s), confirming that the complaint
has been received and processed. If the complaint alleges discrimination
on a basis prescribed under federal or state law, the notice sent
to the complainant shall also provide information of a possible right
to file with the Pennsylvania Human Relations Commission and/or with
the Federal Equal Employment Opportunity Commission; and
C.
Provide notice to the Pennsylvania Human Relations Commission of
the filing of any complaint that may be deemed to be within the jurisdiction
of the Pennsylvania Human Relations Commission.
2.
Within 30 days of receipt of the complaint, the respondent(s) shall
file a written verified answer. An answer to a complaint may be filed
in the same manner as an original complaint. If the answer is filed
with the Borough Office, it shall be conveyed by the Borough Manager
to the Chairperson of the Commission within 10 days of filing.
3.
Within 10 days of receipt of the answer, the Commission shall provide
a copy of the answer to the complainant(s).
4.
Within 30 days of the filing of the answer, the Commission shall
provide notice to both the complainant(s) and the respondent(s) of
the option to elect to proceed to voluntary mediation in order to
resolve the matters giving rise to the complaint. The Commission shall
assist in facilitating said mediation.
[Ord. No. 1475-20, 12/14/2020]
1.
Within 45 days of receipt of an answer to a complaint or, where no answer is filed, within 60 days of service of the complaint upon the respondent(s), the Commission shall proceed in accordance with the following options, in the event that both parties have consented to mediation under § 1-1309, Subsection 4.
2.
The Commission shall refer the matter to a recognized alternative
dispute-resolution service, organization or any other professional
mediation service provider. Any costs or expenses that may be associated
with the mediation shall be the responsibility of the parties.
3.
The parties shall jointly select the mediator; however, the Commission
shall retain the authority to act as the mediator if the parties have
agreed to mediation but cannot jointly agree on a mediator. A minimum
of three Commission members must be present in order to conduct a
mediation session.
4.
Mediation sessions, whether conducted by a third-party mediator or
by the Commission, shall be confidential and are not subject to public
participation under the Sunshine Act (65 Pa.C.S.A. § 701
et seq.). Neither the mediation sessions nor the results thereof shall
be subject to public access under the Right-to-Know Law (65 P.S. § 67.101
et seq.) or any other applicable law or regulation except upon written
consent of all of the parties to the mediation.
5.
The parties shall notify the Commission whether the mediation was
successful in resolving the complaint.
6.
If mediation has resulted in an amicable resolution of the complaint
and the complaint is resolved, the Commission shall notify the parties
that the complaint has been dismissed and shall record the result
of the mediation in a notice of dismissal.
7.
If mediation has not resulted in an amicable resolution of the complaint,
and if the complaint alleges a violation of this Part which is also
prescribed under the Act, the Commission shall notify the parties
that the complaint has been dismissed and, at the election of the
complainant, may refer the complaint to the Pennsylvania Human Relations
Commission for further proceedings, if allowed and authorized to do
so pursuant to the Act.
8.
If the complaint has not been resolved through mediation, the complainant(s)
may elect to proceed to the Court of Common Pleas of Adams County,
Pennsylvania.
9.
In the event the complaint proceeds to either the Pennsylvania Human
Relations Commission or to the Court of Common Pleas of Adams County,
the Commission shall dismiss the complaint and notify the parties
that the Commission no longer has jurisdiction over the matter. The
notification shall reference the filing requirements and deadlines
set forth in Section 962 of the Act (43 P.S. § 962), and
any amendments thereto.
[Ord. No. 1475-20, 12/14/2020]
Nothing contained in this Part shall be deemed to limit the
right of any complainant(s) from pursuing any applicable civil, state,
or federal remedy following exhaustion of the administrative mediation
remedy under this Part.
[Ord. No. 1475-20, 12/14/2020]
This Part shall have no jurisdiction over matters that are the
subject of pending or prior filings made by complainant(s) before
any state or federal court or agency of competent jurisdiction.
[Ord. No. 1475-20, 12/14/2020]
Any person who shall violate any provision of this Part may
be subject to any of the penalties enumerated in the Pennsylvania
Human Relations Act imposed by the Pennsylvania Human Relations Commission,
the Court of Common Pleas of Adams County or by any other court having
competent jurisdiction over the matter. Because mediation is the sole
administrative remedy provided for herein, the Gettysburg Borough
Human Relations Commission shall not have jurisdiction to enter any
penalty or enforce the same against a person for a violation of this
Part.
[Ord. No. 1475-20, 12/14/2020]
The provisions of this Part are severable; and if any section,
clause, part or provision hereof shall be held to be illegal, invalid
or unconstitutional by any court of competent jurisdiction, such decision
of that court shall not affect or impair the remaining sections, sentences,
clauses, parts or provisions of this Part. It is hereby declared to
be the intent of the Borough Council of the Borough of Gettysburg
that this Part would have been enacted if such illegal, invalid or
unconstitutional section, sentence, clause, part or provision had
not been included in this Part.
[Ord. No. 1475-20, 12/14/2020]
All other ordinances or parts of ordinances inconsistent herewith
are hereby repealed insofar as the same affect this Part.
[Ord. No. 1475-20, 12/14/2020]
This Part shall take effect upon enactment.
