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§ 18-6 Discriminatory effects.

No person shall adopt, enforce or employ any policy, practice, or requirement which has the effect of creating unequal opportunities according to actual or perceived race, color, religion, national origin, sex, age, height, weight, family status, marital status, physical or mental disability, educational association, source of income, status as a survivor of domestic violence, governmental identification method, arrest record, or conviction history for a person to obtain employment, public accommodation, or housing, except for a bona fide business necessity. Such a bona fide business necessity does not arise due to a mere inconvenience or because of suspected or actual objection to such a person by neighbors, customers, or other persons but shall require ...

§ 18-7 Other prohibited practices.

A. No person shall adopt, enforce or employ any policy or requirement, or publish, post or broadcast any advertisement, sign or notice which discriminates or indicates discrimination in providing employment, public accommodations, or housing. B. No person shall discriminate in the publication or distribution of advertising material, information or solicitation regarding housing, employment or public accommodations. C. No agent, broker, labor organization, employment agency or any other intermediary shall discriminate in making referrals, listings or providing information with regard to employment, public accommodations, or housing. A report of the conviction of any such person for a violation of this chapter shall be made to the applicable licensing or re...

§ 18-8 Exceptions.

Notwithstanding anything contained in this chapter, the following practices shall not be violations of this chapter: A. To engage in a bona fide effort to establish an affirmative action program to improve opportunities in employment for minorities and women consistent with applicable state and federal law. B. To discriminate based on a person's age when such discrimination is mandated by state, federal, or local law. C. To refuse to enter into a contract with an unemancipated minor. D. To refuse to admit to a place of public accommodation serving alcoholic beverages a person under the legal age for purchasing alcoholic beverages. E. To refuse to admit persons under 18 years of age to a business providing entertainment or selling literature which the oper...

Ch 18 Art III Enforcement

§ 18-9 Complaint process; information and investigation.

A. Any person claiming to have been discriminated against in violation of this chapter or Chapter 18A , Fair Housing, must file a signed, written complaint with the City Manager or the designee of the City Manager setting forth the details, including the names of the parties involved, contact information for the complainant, dates, witnesses, and other factual matters relevant to the claim, within 91 days of the incident forming the basis of the complaint. Complaints not filed with the specified time frame will not be considered. B. The City Manager or the designee of the City Manager, with the assistance of the City Attorney or designee of the City Attorney, will review the complaint to determine its relevance to applicable City ordinances. Upon completi...

§ 18-10 Voluntary settlement agreements.

A. Cases may be resolved by a voluntary settlement, agreed to by both parties, or by an administrative closure, if the request for settlement is withdrawn or a complaint is filed in court or with another administrative agency based on the same incident of discrimination. B. If the investigation establishes probable cause of discrimination, an offer to settle the matter will take place as soon as possible. The City may enter into enforceable agreements with a respondent to terminate the discriminatory conduct and reverse the effects of past discrimination. C. The respondent will be asked to 1) cease and desist from the specific discriminatory act or practice involved in the complaint, and 2) implement whatever actions and policies are necessary to remedy t...

§ 18-11 Injunctions.

The City Attorney may commence a civil action to obtain injunctive relief to prevent discrimination prohibited by this chapter, to reverse the effects of such discrimination or to enforce a voluntary settlement agreement.

§ 18-12 Prosecution.

A. Prosecution for violation of this chapter may be initiated by complaint of the affected person on the basis of a violation of a voluntary settlement agreement or at the direction of the Civil Rights Board on the basis of an investigation undertaken by the City Manager. B. Violation of this chapter shall be prosecuted by the City Attorney as a municipal civil infraction pursuant to the provisions of the Revised Judicature Act of 1961, MCLA § 600.101 et seq.

§ 18-13 Penalties.

A. A violation of any provision of this chapter is a municipal civil infraction punishable by a fine of not more than $2,000, plus all costs of the action. The court may issue and enforce any judgment, writ, or order necessary to enforce this chapter. This may include reinstatement, payment of lost wages, hiring and promotion, sale, exchange, lease or sublease of real property, admission to a place of public accommodation, and other relief deemed appropriate. B. Each day upon which a violation occurs shall constitute a separate and new violation. C. A violation proved to exist on a particular day shall be presumed to exist on each subsequent day unless it is proved that the violation no longer exists. D. Nothing contained in this chapter shall be construe...

Ch 18 Art IV Civil Rights Board

§ 18-14 Civil Rights Board creation; composition.

A. To implement the general policy and purposes set forth in this chapter, the City Commission establishes a Civil Rights Board. B. The Civil Rights Board consists of seven voting members appointed by the Mayor and approved by the City Commission and two ex-officio members who shall have no vote, but who may otherwise fully participate in any meeting of the Board. C. Members appointed to the Board shall be residents of the City reflecting and representing the diversity of the Kalamazoo community and be able to demonstrate experience in civil rights, public accommodation, employment, disability or housing law. Members to the Board may be appointed who are not City residents, not to exceed two members, when there is a valid reason for such appointment, such...

§ 18-15 Appointment and terms of Board members; filling of vacancies; termination of appointments.

A. Except for the initial appointments, members of the Board are appointed for a term of three years. The initial appointments to the Board will consist of three members appointed for a three-year term, two members appointed for a two-year term and two members appointed for a one-year term. Members of the Board may serve up to two consecutive terms. Vacancies may be filled by the same appointment procedure for the remainder of an unexpired term. B. The ex officio Board members shall be appointed by the Mayor and approved by the City Commission. One member shall be a City Commissioner, and the other member shall be a City officer or employee, recommended by the City Manager, but who shall not be a City Commissioner or the City Manager.

§ 18-16 Election of Board officers.

The Board shall elect a Chairperson for a term of one year, with no limit on the number of terms a member may serve as Chairperson, to conduct its meetings and, as it may desire, elect a Vice Chairperson to act in the absence of the Chairperson, from its members. Rules for the conduct of Board meetings shall be stated in the bylaws, as determined by the Board and approved by the City Commission.

§ 18-17 Secretary to Board; administrative support.

The City Manager shall designate someone other than himself/herself to serve as Secretary to the Board and shall provide such administrative support as may be required.

§ 18-18 Board subject to state law.

Meetings of the Board shall be conducted in compliance with the Michigan Open Meetings Act, MCLA § 15.261 et seq., and its records shall be available to the public under the Michigan Freedom of Information Act, MCLA § 15.231 et seq.

§ 18-19 Duties and responsibilities of Board.

The Board shall exercise its authority, functions, powers, and duties in accordance with all ordinances, rules, regulations, orders, and the City Charter of the City of Kalamazoo. The authority, duties, and responsibilities of the Board shall include the following: A. Foster mutual understanding and respect among the people in the City and discourage and prevent unlawful discriminatory practices toward the protected classes described in this chapter. B. Review claims of discrimination brought by residents of the City of Kalamazoo and make recommendations for resolution following investigation of the claim by the City Manager or the designee of the City Manager. C. Review and analyze of conditions, practices, attitudes, policies, and other factors within K...

Ch 18A Fair Housing

[HISTORY: [1] Adopted by the City Commission of the City of Kalamazoo 9-8-2020 by Ord. No. 2014 . Amendments noted where applicable.] [1] Editor's Note: Editor's Note: Section 1 of Ord. No. 1494 , adopted 5-7-1990 , repealed former Ch. 18A, § 18A-1 , which pertained to the Kalamazoo Center and originated from Ord. No. 1277 , adopted 11-22-1982 , as amended by Ord. No. 1283 , adopted 3-21-1983 .

Ch 18A Art I General Provisions

§ 18A-1 Policy.

A. It is the policy of the City of Kalamazoo in the exercise of its municipal authority for the protection of the public health, safety, and general welfare that all residents be assured of an equal opportunity to live in adequate housing facilities and prohibit unlawful discriminatory practices in housing and real estate transactions. B. The prohibitions against discrimination provided for in this chapter do not preempt federal or state law, but are intended to supplement existing state and federal civil rights law to prohibit discrimination and practices in the area of housing not addressed at state or federal law, especially in regards to actions taken because of an individual's source of income, status as a victim of domestic violence, prior arrests, ...

§ 18A-2 Definitions.

A. Any term used in this chapter shall have the definition as provided in Chapter 18 , Nondiscrimination. B. As used in this chapter, the following words and phrases have the following meanings: