HomeMy WebLinkAboutOrdinance 5781ORDINANCE NO. 5781
AN ORDINANCE TO ENSURE UNIFORM NONDISCRIMINATION
PROTECTIONS WITHIN THE CITY OF FAYEITEVILLE FOR GROUPS
ALREADY PROTECTED TO VARYING DEGREES THROUGHOUT
STATE LAW
WHEREAS, laws including the Civil Rights Act (42 U.S.0 § 2000e, et seq.), the Arkansas
Civil Rights Act of 1993 (A.C.A. § 16-123-101 et seq.) and the Arkansas Fair Housing Act
(A.C.A. § 16-123-201 et seq.) provide Fayetteville citizens with protections against
discrimination on the basis of race, ethnicity, national origin, age, sex, religion and disability;
and
WHEREAS, the General Assembly has determined that attributes such as "gender identity"
and "sexual orientation" require protection {A.C.A. § 6-18-514 (b)(1)); and
WHEREAS, Fayetteville citizens deserve fair, equal and dignified treatment under the law;
and
WHEREAS, Fayetteville seeks to attract a diverse and creative workforce by promoting itself
to prospective businesses and employees as a fair, tolerant and welcoming community; and
WHEREAS, the protected classifications in A.C.A. § 6-18-514 (b)(1) for persons on the basis
of gender identity and sexual orientation should also be protected by the City of Fayetteville to
prohibit those isolated but improper circumstances when some person or business might
intentionally discriminate against our gay, lesbian, bisexual and transgender citizens; and
WHEREAS, in response to the concerns recently expressed by the citizens of Fayetteville on
a similar issue, the Fayetteville City Council recognizes their interest in participating in the
democratic process and invites the citizens to decide whether gender identity and sexual
orientation should also be protected by the City of Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
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Ordinance No. 5781
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby refers this
ordinance to the Fayetteville voters for their enactment or rejection in a Special Election to be
held on September 8, 2015. The operative provisions that will be enacted by Fayetteville
citizens into the Fayetteville Code if approved by a majority of Fayetteville citizens voting in
the election shall be as follows:
"Uniform Civil Rights Protection
Purpose
Fayetteville is a welcoming, fair and tolerant city which endeavors to ensure that all of its
citizens and visitors will be free from unfair discrimination. Since Federal and State law
already protect citizens from most discrimination, the Uniform Civil Rights Protection
Article shall extend existing protections to lesbian, gay, bisexual, and transgender citizens and
visitors as recognized elsewhere in state law.
Definitions
(A) "Employee ". This definition adopts and incorporates herein the definition of
"Employee" as stated in the Arkansas Civil Rights Act of 1993, A.C.A. § 16-123-102 (4).
(B) "Employer". This definition adopts and incorporates herein the definition of
`Employer" as stated in the Arkansas Civil Rights Act of 1993, A.C.A. § 16-123-102 (5).
(C) "Gender Identity "means an individual's own, bona fide sense of being male or female,
and the related external characteristics and behaviors that are socially defined as either
masculine or feminine. Gender identity may or may not correspond to the sex assigned to the
individual at birth.
(D) "Housingaccommodation" This definition adopts and incorporates herein the definition
of `Housing accommodation" as stated in the Arkansas Fair Housing Act of 1993, A.C.A. §
16-123-202 (1).
(E) "Place of public resort, accommodation, assemblage or amusement". This definition
adopts and incorporates herein the definition of `Place of public resort, accommodation,
assemblage or amusement" as stated in the Arkansas Civil Rights Act of 1993, A.C.A. § 16-
123-102 (7). Furthermore, this shall not mean any religious facility or other religious institution
including their owned and operated schools and daycare facilities.
(F) "Real estate broker or salesman ". This definition adopts and incorporates herein the
definition of "Real estate broker or salesman" as stated in the Arkansas Fair Housing Act of
1993, A.C.A. § 16-123-202 (2).
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Ordinance No. 5781
(G) "Real estate transaction". This definition adopts and incorporates herein the definition
of `Real estate transaction" as stated in the Arkansas Fair Housing Act of 1993, A.C.A. § 16-
123-202 (3).
(H) "Real property ". This definition adopts and incorporates herein the definition of
`Real property" as stated in the Arkansas Fair Housing Act of 1993, A.C.A. § 16-123-202
(4).
(I) "Sexual Orientation " means heterosexuality, homosexuality or bisexuality by practice,
identity or expression.
Applicability and Exemptions
(A) The Uniform Civil Rights Protection Article is only applicable to discriminatory
actions occurring within the Fayetteville city limits.
(B) This Article adopts and incorporates herein the entirety of AC.A. § 16-123-103
Applicability of the Arkansas Civil Rights Act.
(C) Churches, religious schools and daycare facilities, and religious organizations of any
kind shall be exempt from this Article.
Discrimination Offense
(A) The right of an otherwise qualified person to be free from discrimination because of
sexual orientation and gender identity is the same right of every citizen to be free from
discrimination because of race, religion, national origin, gender and disability as recognized and
protected by the Arkansas Civil Rights Act of 1993.
(B) The Uniform Civil Rights Protection Article adopts and incorporates herein these
rights as quoted below:
(1) The right to obtain and hold employment without discrimination;
(2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or
privileges of any place of public resort, accommodation, assemblage, or amusement;
(3) The right to engage in property transactions (including sales and leases) without
discrimination;
(4) The right to engage in credit and other contractual transactions without discrimination;
and
(5) The right to vote and participate fully in the political process.
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Ordinance No. 5781
(C) A person engaging in a real estate transaction, or a real estate broker or salesman, shall
not on the basis of sexual orientation or gender identity engage in any conduct likewise
prohibited by A.C.A. § 16-123-204 Prohibited Acts of the Arkansas Fair Housing Act on the
basis of other enumerated attributes.
(D) No employer shall discriminate against nor threaten any individual because such individual
in good faith has opposed any act or practice made unlawful by this section or because such person
in good faith made a charge, testified, assisted or participated in any manner in an investigation,
proceeding or hearing related to the Uniform Civil Rights Protection Article.
Establishment and Duties of a Civil Rights Commission
There is hereby established the Civil Rights Commission. The Civil Rights Commission shall
review and decide complaints of alleged discrimination in violation of the Uniform Civil Rights
Protection Article. The Commission will provide to the City Council an annual accounting of the
number of complaints received and the outcomes.
Composition
(A) The Civil Rights Commission shall consist of seven members composed of the following:
(1) Two (2) representatives of the business community;
(2) Two (2) owners or managers of rental property;
(3) One (1) representative with experience in Human Resources or employment law;
(4) Two (2) citizens at large, at least one of whom identifies as gay, lesbian, bisexual, or
transgender.
(B) Members will be appointed by the City Council, each for a term of three years.
Appointments shall be staggered so that each year either two or three members' terms shall be
available for appointment by the Nominating Committee.
(C) Members ofthe Civil Rights Commission may be removed from office by the City Council
for cause upon written charges and after a public hearing.
Meetings
(A) The Civil Rights Commission shall meet for an organizational meeting within 60 days
after the citizens enact this ordinance and every year thereafter following the appointment of new
members.
(B) Meetings shall be held at the call of the chairperson.
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Ordinance No. 5781
(C) A majority of the membership ofthe Civil Rights Commission shall constitute a quorum.
(D) All meetings shall be open to the public.
(E) The Civil Rights Commission shall adopt rules necessary to the conduct for its affairs,
and in keeping with the provisions of the City's Uniform Civil Rights Protection Article.
Staff Support
The City Attorney's office shall receive complaints on behalf of the Civil Rights Commission
and assist the Commission in performing its duties and carrying out its responsibilities.
Complaint Procedure and Enforcement
(A) A person asserting a claim of discrimination, herein referred to as the "Complainant",
pursuant to this Uniform Civil Rights Protection Article must present such claim in writing to
the City Attorney's office no more than ninety (90) days after the person has knowledge of the
facts giving rise to the claim of discrimination. The City Attorney's office will, within two (2)
business days, notify the Civil Rights Commission that a complaint was received.
(B) Informal mediation or conciliation between the alleged discriminator, herein referred to
as the `Respondent", and Complainant shall be attempted by the City within four business days
and before any other enforcement measures can begin. Such mediation or conciliation
measures shall be pursued in accordance with the confidentiality protections provided by
A.C.A. § 16-7-206. Mediation and conciliation should be concluded within two weeks after the
complaint is received unless both parties agree to further efforts.
(C) If conciliation efforts are successful in resolving the complaint, the Civil Rights
Commission will be notified of resolution and take no further action.
(D) If conciliation efforts fail to resolve the complaint, the Civil Rights Commission shall
notify both parties that a hearing will be conducted at a specified place and time not more than
fourteen (14) business days after the conclusion of conciliation efforts but not less than five (5)
business days after issuance of notice of the hearing.
(E) Conduct of the Hearing:
(1) The Civil Rights Commission shall review the initial complaint and may receive any
additional evidence from the Complainant.
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Ordinance No. 5781
(2) The Respondent shall have an opportunity to explain or provide evidence to rebut any
allegations of illegal discriminatory acts. No person shall be compelled to be a witness against
himself in any formal or informal hearing.
(3) After considering all the evidence presented, if the Civil Rights Commission determines
that the Respondent has violated this Article, the Commission shall forward the original claim
and their findings to the City Prosecutor.
(F) Penalty:
(1) A person's first violation of this ordinance shall carry a penalty of up to a $100.00 fine.
Fayetteville City Code § 10.99 General Penalty shall apply to any subsequent violations.
(2) No violation of this Article shall be construed to be a misdemeanor or felony.
Severability
If any part, provision or section of this ordinance is held invalid or unconstitutional it shall be
severed from the remainder which shall remain valid and enforceable."
Section 2. That the City Council for the City of Fayetteville, Arkansas hereby determines that
if the Fayetteville voters fail to approve the referred ordinance, the ordinance will not go into
effect; but if the voters approve the ordinance, the ordinance quoted in Section 1 will be enacted
into the Fayetteville Code and become effective sixty (60) days after the approving election.
PASSED and APPROVED this 16th day of June, 2015.
Al
LOU
ATTEST:
By: J.A.,
SONDRA E. SMITH, City Clerk Treasurer
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