It is declared as the public policy of the City that it is necessary
and appropriate to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination as that
term is defined in this Chapter.
(Ord. 1578 § 1, 2000; Ord. 1920 § 2, 2017)
For the purpose of this chapter:
"Commission"
means the Palm Springs human rights commission.
"Conciliation"
means a voluntary process in which a neutral third party
serves as an intermediary between the conflicting parties. The parties
may or may not meet directly.
"Discrimination"
means the treatment of or distinction against a person based
on the group, class or category to which that person belongs rather
than on individual merit and contrary to federal, state or local law.
Discrimination can include discrimination because of race, religion,
color, ancestry, national origin, age, gender, sexual orientation,
disability, medical condition, marital status, parental status, source
of income, HIV status, or any other arbitrary factor.
"Domestic partnership"
means two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring and refers to those persons who have registered as domestic partners pursuant to a valid and current statement of domestic partnership on file with the city under this Chapter
2.45 and where all of the following requirements are met:
(1)
The partnership is between no more than two persons, each of
whom is eighteen years old or older;
(2)
The persons are not related by blood in a way which would prevent
them from being married to each other in the state of California;
(3)
The persons are not married or a member of another domestic
partnership;
(4)
The persons have agreed to be jointly responsible for their
common care, welfare and basic living expenses, in that each partner
has agreed to provide for the other partner's basic living expenses
if the partner is unable to provide for herself or himself;
(5)
Each of the persons is competent to enter into a contract or
consent to the domestic partnership;
(6)
Both persons' domiciles are in the city and they share a common
residence, but this does not require that the legal right to possess
the residence be in both names;
(7)
Neither person has officially declared to the city that he or
she has a different domestic partner nor has previously made and concurrently
maintained such declaration to any other jurisdiction; provided, that
any such prior declaration has been terminated; and further provided,
that this shall not bar any such concurrent declaration filed with
the Secretary of State of California if such declaration is for the
same partner at the Palm Springs domicile;
(8)
The persons have been cohabitating for a period of at least
six months; and
(9)
The persons will complete, sign under penalty of perjury and personally submit to the city clerk a statement of domestic partnership in the form prescribed under this Chapter
2.45.
"Domicile"
shall mean the one location the respective person considers
to be his or her most settled and permanent location, the place where
he or she intends to remain and to which, whenever he or she is absent,
to which he or she has he intention of returning.
"Mediation"
means a voluntary dispute resolution process in which the
parties in conflict meet with a neutral third party in an attempt
to resolve the conflict or dispute in a manner that is satisfactory
to the parties in conflict.
"National origin"
shall mean place of origin, immigration status, cultural
or linguistic characteristics, or ethnicity.
"Reasonable cause"
means a threshold standard for the commission to initiate
a conciliation or mediation process. The standard is met when the
investigation of the alleged unfair or unlawful practice produces
sufficient credible evidence that would cause a reasonable person
of ordinary care and prudence to conclude that the unfair or unlawful
practice occurred.
"Source of income"
means any source of funds obtained through lawful means,
including, but not limited to, any form of government financial aid,
alimony payments, or child support payments. The same financial requirements
must be applied to everyone regardless of the legal source of income.
If a person's income and credit history would be considered sufficient
if it were received as a salary, it must be considered sufficient
from other sources as well. Nothing in this chapter or the provisions
thereof shall be construed as prohibiting the conduct of a credit
history review and the denial of a benefit or a privilege based thereon,
so long as the credit review is conducted in a fair and nondiscriminatory
manner.
"Unfair"
means not fair or conforming to fundamental notions of justice,
honesty, ethics or the like.
"Unlawful"
means any policy or practice which constitutes illegal discrimination
as defined in federal, state or local laws.
(Ord. 1426 § 2, 1992; Ord. 1578 §§ 2, 3, 2000; Ord. 1920 § 3, 2017)
This chapter applies to all discriminatory practices and resulting
intergroup tensions specifically covered by the provisions of this
chapter occurring within the territorial limits of the city or within
any governmental agency or any other agency under the jurisdiction
of the city. Nothing in this chapter, however, shall be interpreted
or applied so as to create any power or duty in conflict with the
preemptive effect of any federal or state law. Nor shall anything
in this chapter be implemented in a way that overlaps already existing
federal or state programs; rather, federal or state programs shall
be utilized, or supplemented when necessary, appropriate, and feasible,
to give effect to this chapter.
(Ord. 1426 § 2, 1992)
(a) Creation.
There is created within the city a human rights commission,
consisting of nine members, appointed by the mayor with the approval
of the city council, to serve at the pleasure of the city council.
Subject to its unfettered legislative discretion, the council will
attempt to ensure that sufficient funding and staff are provided to
assist the commission in carrying out its duties and responsibilities,
and to ensure that the commission reflects the social, ethnic and
cultural diversity of the community.
(b) Term—Vacancies.
(1) Members of the commission shall be appointed or removed in accordance with and shall be subject to all of the provisions of Chapter
2.06 of the Palm Springs Municipal Code, as the chapter now reads, or as it may thereafter be amended from time to time; provided, however, that of the nine members first appointed, two shall serve a term ending June 30, 1994; two shall serve a term ending June 30, 1995; three shall serve a term ending June 30, 1996; and two shall serve a term ending June 30, 1997. Such terms shall be drawn by lot at the first meeting of the commission following the appointment of the nine members.
(2) Notwithstanding the provisions of Chapter
2.06, members whose terms expire sooner then July 1, 1994, shall be eligible for reappointment to a succeeding full term. A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission pursuant to this chapter.
(c) Powers
and Duties of the Commission. Within the limitations provided by law,
the human rights commission shall:
(1) Conduct programs designed to bring groups together to close gaps
resulting from past discriminatory practices and to address proactively
current or ongoing intergroup tensions;
(2) Mediate disagreements among individuals, groups and organizations
which result from discriminatory practices within the scope of this
chapter;
(3) Process complaints which cannot be resolved through mediation as
provided in the procedures which follow;
(4) Render a semiannual written report of its activities to the mayor
and council. Such report shall include:
(A) Case histories of conciliation or mediation settlements made under
this chapter, the disclosure of which, in the judgment of the commission,
will further its objectives,
(B) Recommendations to the mayor and council of additional actions, policies,
procedures or legislation deemed by the commission to be necessary
to carry out the purposes of this chapter;
(5) Maintain data on practices, activities, hate crimes, and other problems
which are the subject of this chapter;
(6) In addition to the other powers and duties set forth in this chapter,
the commission shall have the power and duty to:
(A) Prepare and disseminate educational and informational material relating
to prejudice and discrimination and recommended ways and means of
eliminating such prejudice and discrimination,
(B) Furnish cooperation, information, guidance and technical assistance
to other public agencies and private persons, organizations and institutions
engaged in activities and programs intended to eliminate prejudice
and discrimination,
(C) Consult and maintain contact with human relations agencies, other
public agencies, and representatives of employers, labor unions, property
owners' associations, professional associations, national origin groups,
community organizations concerned with interracial, interreligious
and intercultural understanding, social welfare organizations, and
such other private organizations and institutions as the commission
shall deem advisable, to further the objectives of this chapter,
(D) Advise and make written recommendations to the mayor, city council
and city manager concerning the development and implementation of
programs and practices for the purpose of furthering the objectives
of this chapter. If necessary, the commission and an agency, board
or officer which the commission is assisting shall submit timely reports
of progress in establishing and implementing such programs and practices
as are from time to time requested by the mayor or council. The commission
shall not have jurisdiction over matters within the authority of other
city boards and commissions, except under specific direction from
the city council,
(E) Investigate, and with the assent of the concerned parties, conciliate
or mediate all incidents of discrimination within the scope of this
chapter to the extent such functions are not within the responsibilities
of the California Fair Employment Practices Commission or any federal,
county, state, city or other established agency, and make specific
and detailed recommendations to the interested parties as to the method
of eliminating such discrimination,
(F) Prepare, encourage and coordinate programs based on established laws,
regulations, policies or goals to eliminate or reduce existing inequalities
and disadvantages in the community resulting from past discriminatory
practices,
(G) Refer for appropriate action any matters not resolved through conciliation or mediation to the appropriate prosecutorial or regulatory entity pursuant to Section
2.45.040,
(H) Request through the city manager information, services, facilities
or any other assistance for the purpose of furthering the objectives
of this chapter,
(I) Appoint subcommittees of members of the commission as may be required
to address specific human relations problems, and/or advisory committees
of members drawn from various segments of the Palm Springs population,
(J) Support and participate in activities which bring together various
factions and viewpoints on emerging issues in a way that will help
the community to resolve the issues which arise with change.
(Ord. 1426 § 2, 1992; Ord. 1428 § 1, 1992; Res. 20441 § 1, 2002)
Nothing in this chapter or the provisions thereof shall be construed
as granting or denying to an aggrieved individual or entity any additional
right to pursue a civil action against any person, firm, partnership,
association or corporation, or any agency, board or officer of the
city, or any action allowed under state or federal law.
(Ord. 1426 § 2, 1992)
The city clerk shall maintain adequate records of all statements
of domestic partnership and all statements of termination of domestic
partnership along with a register of domestic partnerships. No statement
of domestic partnership or termination shall be valid and binding
without the signature and seal of acknowledgement by a notary public.
(Ord. 1578 § 4, 2000)
All health care and psychiatric care facilities located in the
city, including but not limited to hospitals, convalescent facilities
or other long-term care facilities, shall allow a domestic partner
of a patient to visit the patient unless the applicable rules of the
facility prohibit all visitors.
(Ord. 1578 § 4, 2000)
A domestic partner of an inmate in the city jail shall be allowed
to visit the inmate unless: (1) the applicable rules prohibit all
visitors, or (2) the police department decides that a particular visitor
is a threat to the security of the jail.
(Ord. 1578 § 4, 2000)
Persons registered with the city as domestic partners are entitled
to file, on behalf of their domestic partner, any applications, approvals,
licenses or permits that the city allows to be filed for any person
by that person's spouse. This includes, but is not limited to, all
business applications, licenses and permits; all planning, building
and land use applications, licenses and permits; all health, safety
and regulatory applications, licenses and permits; and all other municipal
applications, licenses, and permits, whatsoever.
(Ord. 1578 § 4, 2000)
Any person or entity defrauded by a false representation in
a statement of domestic partnership, an amendment to such statement
or a statement of termination of domestic partnership may bring a
civil action against either or both partners pursuant to the laws
of the state of California to recover his, her or its actual losses,
damages or injuries.
(Ord. 1578 § 4, 2000)
The provisions of and the rights and benefits accorded by this Chapter
2.45 shall be applicable to persons registered as domestic partners in any other jurisdiction with a comparable domestic partnership enactment.
(Ord. 1578 § 4, 2000)