HomeMy WebLinkAbout181-14 RESOLUTIONc-) �
RESOLUTION NO.181-14 _ C)
A RESOLUTION TO SET THE DATE FOR THE SPECIAL ELECTION
THE REFERENDUM ELECTION ON ORDINANCE NO. 5703 WIHICH -� F
ENACTED CHAPTER 119 OF THE FAYETTEVILLE CODE TO Ckii& A „
PROCESS FOR THE PROTECTION OF CIVIL RIGHTS IN THE CI`I '.:QF
FAYETTEVILLE AND REQUESTING THE WASHINGTON COUNTY
BOARD OF ELECTION COMMISSIONERS TO PLACE THIS
REFERENDUM ON THE BALLOT AND TO APPROVE A BUDGET
ADJUSTMENT TO PAY FOR THE SPECIAL ELECTION
WHEREAS, Fayetteville City Clerk Sondra Smith has diligently verified and counted
the number of Fayetteville Registered Voters who signed referendum petitions calling for a
special referendum election on Ordinance No. 5703; and
WHEREAS, Fayetteville City Clerk Sondra Smith certified on September 26, 2014, that
the referendum petition was sufficient pursuant to Amendment 7 and state law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby orders that
in accord with the certified sufficient referendum petition, a special election called for in such
referendum petition shall be held on December 9, 2014, to determine by vote of the qualified
electors of the City of Fayetteville, Arkansas, whether Ordinance No. 5703 shall be approved or
rejected. If litigation delays the printing of ballots or otherwise necessitates any delay, the
Washington County Election Commission may move the special election date to January 13,
2015.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby requests
that the Washington County Board of Election Commissioners, pursuant to A.C.A. §7-9-117
place Ordinance No. 5703 including its Exhibit A upon the ballot followed by these words:
FOR REFERRED ORDINANCE NO. 5703 ❑
AGAINST REFERRED ORDINANCE NO. 5703 ❑
Attached as Exhibit "I" is the proposed ballot language for the referendum election.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby establishes
the effective date that Ordinance 5703, if approved by voters in the special election will be 40
days after such election.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Budget Adjustment to pay for the costs of this Special Election.
Page 2
Resolution No. 181-14
PASSED and APPROVED this 7"' day of October, 2014,
ATTEST:
By: _ @Ad4-0- &
SONORA E. SMITH, City Clerk/Try
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��"/;f jii0 N �`���
Exhibit I
(Proposed Ballot Language For Referendum Election For Fayetteville City Ordinance No. 5703)
ORDINANCE NO.5703
AN ORDINANCE TO AMENDTHE FAYETTEVILLE CODE BY ENACTING
CHAPTER 119 CIVIL RIGHTS ADMINISTRATION TO PROTECT THE
CIVIL RIGHTS OF FAYETTEVILLE CITIZENS AND VISITORS AND TO
CREATE THE POSITION OF CIVIL RIGfITS ADMINISTRATOR FOR THE
CITY OF FAYETTEVILLE
WHEREAS, the City of Fayetteville seeks to protect and safeguard the right and
opportunity of all persons to be free from unfair discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital
status, socioeconomic background, religion, sexual orientation, disability and veteran status; and
WHEREAS, the City of Fayetteville seeks to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and to ensure that all persons within the City
have equal access to employment, housing, and public accommodations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas enacts Chapter 119
Civil Rights Administration as shown on Exhibit "A" attached hereto.
Exhibit A
CHAPTER 119: CIVIL RIGHTS ADMINISTRATION
119.01 Purpose
The purpose of this chapter is to protect and safeguard the right and opportunity of all persons to be free
from discrimination based on real or perceived race, ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status, socioeconomic background, religion, sexual orientation,
disability and veteran status. This chapter's purpose is also to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and to ensure that all persons within the City have equal
access to employment, housing, and public accommodations.
119.02 Definitions
(A) "Business Establishment" means any entity, however organized, which furnishes goods, services or
accommodations to the general public. An otherwise qualifying establishment which has membership
requirements is considered to furnish services to the general public if its membership requirements
consist only of payment of fees or consist only of requirements under which a substantial portion of the
residents of the city could qualify.
(B) "Civil Rights Administrator" means the person designated by the Mayor to receive, investigate and
conciliate complaints brought under this chapter.
(C) "Disability" or "Disabled" means, with respect to an individual, a physical or mental impairment, a record
of such an impairment, or being perceived or regarded as having such impairment. For purposes of this
chapter, discrimination on the basis of disability means that no covered entity shall discriminate against
a qualified individual with a disability because of that individual's disability. The term "qualified individual
with a disability" shall mean an individual with a disability who, with or without reasonable
accommodation, can perform the essential functions of the employment positions that the individual
holds or desires.
(D) "Discriminate, Discrimination or Discriminatory" means any act, policy or practice that has the effect of
subjecting any person to differential treatment as a result of that person's real or perceived race,
ethnicity, national origin, age (if 18 years of age or older), gender, gender identity, gender expression,
familial status, marital status, socioeconomic background, religion, sexual orientation, disability or
veteran status.
(E) "Employee" means any individual employed by a covered employer.
(F) "Employer" means any person, business or organization which regularly employs five (5) or more
individuals, not including the employer's parents, spouse or children. For purposes of this chapter an
employer "regularly" employs five (5) individuals when the employer employs five (5) or more individuals
for each working day in any twenty (20) or more calendar weeks in the current or previous calendar
year. For purposes of this chapter an "employer" is also any person or entity acting on behalf of an
employer, directly or indirectly, or any employment agency.
(G) "Familial status" means an individual's status as parent or legal guardian to a child or children below
the age of eighteen (18) who may or may not reside with that individual.
(H) "Gender" means actual or perceived sex.
(1) "Gender Identity" means a person's gender -related identity, whether or not that identity is or is perceived
to be different from that traditionally associated with the sex assigned to that individual at birth.
(J) "Gender Expression" means a person's gender -related appearance and behavior whether or not that
gender expression is or is perceived to be different from that traditionally associated with the person's
assigned sex at birth.
(K) "Marital status" means an individual's status as single, married, domestically partnered, divorced or
widowed.
(L) "Place of public accommodation" means inns, taverns, hotels, motels, restaurants, wholesale outlets,
retail outlets, banks, savings and loan associations, other financial institutions, credit information
bureaus, insurance companies, dispensaries, clinics, hospitals, theaters, recreational parks and
facilities, trailer camps, garages, public halls, and all other establishments within the City which offer
goods, services, accommodations and entertainment to the public. A place of public accommodation
does not include any institution, club or other place of accommodation, which by its nature is distinctly
private.
(M) "Sexual orientation" means actual or perceived heterosexuality, homosexuality or bisexuality.
(N) "Veteran status" means an individual's status as one who served in the active military, naval or air
service, and who was discharged or released under conditions other than dishonorable.
119.03 Prohibited Acts of Discrimination - Employment
With regard to employment, it shall be unlawful for any employer or labor organization to engage in any of
the following acts wholly or partially for a discriminatory reason:
(A) To fail to hire, refuse to hire or discharge an individual;
(B) To discriminate against any individual with respect to compensation, terms, conditions or privileges of
employment, including promotion. Nothing in this section shall be construed to require any employer to
provide benefits, such as insurance, to individuals not employed by the employer;
(C) To limit, segregate or classify employees in any way which would deprive or tend to deprive any
employee of employment opportunities, or which would otherwise tend to adversely affect his or her
status as an employee;
(D) To fail or refuse to refer for employment any individual in such a manner that would deprive an individual
of employment opportunities, that would limit an individual's employment opportunities or that would
otherwise adversely affect an individual's status as a prospective employee or as an applicant for
employment;
(E) To discriminate against an individual in admission to, or employment in, any program established to
provide apprenticeship or other job training, including on-the-job training programs;
(F) To print or publish, or cause to be printed or published, any discriminatory notice or advertisement
relating to employment. This subsection shall not be construed so as to expose the person who prints
or publishes the notice or advertisement, such as a newspaper, to liability;
(G) To discriminate in referring an individual for employment whether the referral is by an employment
agency, labor organization or any other person.
119.04 Prohibited Acts of Discrimination - Housing and Real Estate Transactions
With regard to housing and real estate transactions, which include both sales and leases, it shall be unlawful
to engage in any of the following acts wholly or partially for a discriminatory reason:
(A) To discriminate by impeding, delaying, discouraging or otherwise limiting or restricting any transaction
in real estate;
(B) To discriminate by imposing different terms on a real estate transaction;
(C) To represent falsely that an interest in real estate is not available for transaction;
(D) To include in the terms or conditions of a real estate transaction any discriminatory clause, condition or
restriction;
(E) To discriminate in performing, or refusing to perform, any act necessary to determine an individual's
financial ability to engage in a real estate transaction;
(F) For a property manager to discriminate by refusing to provide equal treatment of, or services to,
occupants of any real estate which he or she manages;
(G) To make, print or publish, or cause to be made, printed or published, any discriminatory notice,
statement or advertisement with respect to a real estate transaction or proposed real estate transaction,
or financing relating thereto. This subsection shall not be construed to prohibit advertising directed to
physically disabled persons or persons over the age of fifty- five (55) for the purpose of calling to their
attention the existence or absence of housing accommodations or services for the physically disabled
or elderly;
(H) To discriminate in any financial transaction involving real estate on account of the location of the real
estate, be it residential or non-residential ("red -lining");
(1) For a real estate operator, a real estate broker, a real estate salesperson, a financial institution, an
employee of any of these or any other person, for the purposes of inducing a real estate transaction
from which such person may benefit financially, to represent that a change has occurred or will or may
occur in the composition with respect to the race, ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status, socioeconomic background, religion, sexual
orientation, disability or veteran status of the owners or occupants in the block, neighborhood or area
in which the real property is located or to represent that this change will or may result in the lowering of
property values, an increase in criminal or antisocial behavior or a decline in the quality of schools in
the block, neighborhood or area in which the real property is located ("block -busting");
(J) Notwithstanding the provisions of subsections (A) through (1), it shall not be an unlawful discriminatory
practice for an owner to limit occupancy on the basis of a person's low-income, age over fifty-five (55)
years or disability status in accordance with federal or state law;
(K) Notwithstanding the provisions of subsections (A) through (1), it shall not be an unlawful discriminatory
practice for an owner, lessor or renter to refuse to rent, lease or sublease a portion of a single family
dwelling unit to a person as a tenant, roomer or boarder where it is anticipated that the owner, lessor
or renter will be occupying any portion of the single-family dwelling or to refuse to rent, lease or sublease
where it is anticipated that the owner, lessor or renter will be sharing either a kitchen or a bathroom
with the tenant, roomer or boarder.
(L) Notwithstanding any other provision of this chapter, it is not an unlawful discriminatory practice to apply
or enforce the definition of "family" for zoning purposes pursuant to § 151.01 of the Unified Development
Code,
119.05 Prohibited Acts of Discrimination - Business Establishments or Public Accommodations
It shall be unlawful for a business establishment or place of public accommodation for a discriminatory
reason to deny, directly or indirectly, any person the full enjoyment of the goods, services, facilities,
privileges, advantages and accommodations of any business establishment or place of public
accommodation, unless required by state or federal law.
119.06 City Services, Facilities, Transactions and Contracts
(A) The City of Fayetteville and all of its employees are bound by the provisions of this chapter to the
same extent as private individuals and businesses.
(B) All contractors doing business with the City of Fayetteville shall abide by this ordinance.
119.07 General Exceptions
(A) Any practice which has a discriminatory effect and which would otherwise be prohibited by this chapter
shall not be deemed unlawful if it can be established that the practice is not intentionally devised to
contravene the prohibitions of this chapter and there exists no less discriminatory means of satisfying
a business purpose.
(6) This chapter shall not apply to any federal, state or county government office or official, or any public
educational institution within the City.
(C) Unless otherwise prohibited by law, nothing contained in this chapter shall be construed to prohibit
promotional activities such as senior citizen discounts and other similar practices designed primarily to
encourage participation by a protected group.
(D) It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona
fide seniority system or a bona fide employee benefit system such as a retirement, pension or insurance
plan which is not a subterfuge or pretext to evade the purposes of this chapter.
(E) It shall not be an unlawful discriminatory practice for any person to carry out an affirmative action plan
as required by state or federal law, or by court order.
(F) Nothing contained in this chapter shall be deemed to prohibit selection or rejection based solely upon
a bona fide occupational qualification or a bona fide physical requirement. Nothing contained in this
chapter shall be deemed to prohibit a religious or denominational institution from selecting or rejecting
applicants and employees for non -secular positions on the basis of the applicant's or employee's
conformance with the institution's religious or denominational principles. If a party asserts that an
otherwise unlawful practice is justified as a permissible bona fide occupational qualification or a
permissible bona fide physical requirement, that party shall have the burden of proving:
(1) That the discrimination is in fact a necessary result of such a bona fide condition; and
(2) That there exists no less discriminatory means of satisfying the bona fide requirement.
(G) If a party asserts that an otherwise unlawful practice is justified as a permissible bona fide religious or
denominational preference, that party shall have the burden of proving that the discrimination is in fact
a necessary result of such a bona fide condition.
(H) Any age restrictions required by state or federal law or regulations, including for the sale or delivery of
alcoholic beverages, are not improper age discrimination under this chapter.
(1) Nothing in this Chapter shall be construed to require any religious or denominational institution or
association to open its tax exempt property or place of worship to any individual or group for any
ceremony or meeting, except for any activity or service that is supported in whole or part by public
funds.
(J) Designating a facility as a gender -segregated space shall not be a violation of this chapter. Nothing in
this chapter shall be construed as allowing any person to enter any gender -segregated space for any
unlawful purpose.
119.08 Posting of Notices
Every employer or entity subject to this chapter shall post and keep posted in a conspicuous location where
business or activity is customarily conducted or negotiated, a notice, the language and form of which has
been prepared by the City of Fayetteville, setting forth excerpts from or summaries of the pertinent
provisions of this chapter and information pertinent to the enforcement of rights hereunder. The notice shall
be in both English and Spanish. If over ten percent of an employer's employees speak, as their native
language, a language other than English or Spanish, notices at that employer's place of business shall be
posted in that language. At the request of the employer or entity, notices required by this section shall be
provided by the City. Notices shall be posted within ten days after receipt from the City.
119.09 Retaliation Prohibited
(A) It is an unlawful discriminatory practice to coerce, threaten, retaliate against, interfere with or
discriminate against a person because that person has opposed any practice made unlawful by this
chapter, has made a non -frivolous charge or complaint, or has testified truthfully, assisted or
participated in an investigation, proceeding or hearing pursuant to this chapter.
(B) It is an unlawful discriminatory practice to require, request or suggest that a person or entity retaliate
against, interfere with, intimidate or discriminate against a person because that person has opposed
any practice made unlawful by this chapter, has made a non -frivolous charge or has testified truthfully,
assisted or participated in an investigation, proceeding or hearing authorized under this chapter.
(C) It is an unlawful discriminatory practice to cause or coerce, or attempt to cause or coerce, directly or
indirectly, any person in order to prevent that person from complying with the provisions of this chapter.
119.10 Preservation of Business Records
Where a complaint of discrimination has been filed against a person under this ordinance, such person
shall preserve all records relevant to the complaint until a final disposition of the complaint.
119.11 Administration and Enforcement
(A) The Mayor shall designate the Civil Rights Administrator, who shall administer this chapter and be
responsible for receiving, investigating and conciliating complaints filed under this chapter_ To be
considered and administered by the Civil Rights Administrator, complaints must be received in the Civil
Rights Administrator's office no more than six months after the alleged discriminatory action or, in the
case of ongoing alleged discriminatory actions, no more than six months after the most recent incident
of alleged discrimination. The Civil Rights Administrator shall prepare an easy to use complaint form
and make the form easily accessible to the public.
(I3) The Civil Rights Administrator should first attempt to eliminate the unlawful practice or practices through
conciliation or mediation_ . In conciliating a complaint, the administrator should try to achieve a just
resolution and obtain assurances that the respondent will satisfactorily remedy any violation of the
complainant's rights and take action to ensure the elimination of both present and future unlawful
practices in compliance with this chapter. If the Civil Rights Administrator determines that the
complainant is not acting in good faith, the conciliation or mediation may be terminated and the
complaint may be immediately dismissed. If the respondent is not participating in good faith, the
complaint may be immediately referred to the City Prosecutor's office.
(C) After any attempted conciliation or mediation, the Civil Flights Administrator will refer any unresolved complaint
and complainant as needed to the City Prosecutor's Office for appropriate further action, including prosecution.
(D) The filing of a complaint under this chapter does not preclude any other state or federal remedies that may be
available to a complainant.
FOR REFERRED ORDINANCE NO. 5703
0
AGAINST REFERRED ORDINANCE NO. 5703 ❑
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
p - (479) 575-8323
Text File
File Number: 2014-0430
Agenda Date: 10/712014 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 1
A RESOLUTION TO SET THE DATE FOR THE SPECIAL ELECTION FOR THE
REFERENDUM ELECTION ON ORDINANCE NO. 5703 WHICH ENACTED CHAPTER 119
OF THE FAYETTEVILLE CODE TO CREATE A PROCESS FOR THE PROTECTION OF CIVIL
RIGHTS IN THE CITY OF FAYETTEVILLE AND REQUESTING THE WASHINGTON COUNTY
BOARD OF ELECTION COMMISSIONERS TO PLACE THIS REFERENDUM ON
THE BALLOT AND TO APPROVE A BUDGET ADJUSTMENT TO PAY FOR THE SPECIAL
ELECTION
WHEREAS, Fayetteville City Clerk Sondra Smith has diligently verified and counted the number of
Fayetteville Registered Voters who signed referendum petitions calling for a special referendum election
on Ordinance No. 5703; and
WHEREAS, Fayetteville City Clerk Sondra Smith certified on September 26, 2014, that the
referendum petition was sufficient pursuant to Amendment 7 and state law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby Orders that in accord
with the certified sufficient referendum petition, a special election called for in such referendum
petition, shall be held on December 9, 2014, to determine by vote of the qualified electors of the City of
Fayetteville, Arkansas, whether Ordinance No. 5703 shall be approved or rejected. If litigation delays
the printing of ballots or otherwise necessitates any delay, the Washington County Election Commission
may move the special election date to January 13, 2015.
Section 2. That the City Council of the City of Fayetteville,
Washington County Board of Election Commissioners, pursuant to
No. 5703 upon the ballot followed by these words:
FOR REFERRED ORDINANCE NO. 5703
AGAINST REFERRED ORDINANCE NO. 5703
Arkansas hereby requests that the
A.C.A. §7-9-117 place Ordinance
Attached as Exhibit "1" is the proposed ballot language for the referendum election.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby establishes the
effective date Ordinance 5703, if approved by voters in the special election will be 40 days after such
election.
City of Fayetteville, Arkansas Page 1 Printed on 1011212015
File Number. 2014-0430
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby approves the attached
Budget Adjustment to pay for the costs of this Special Election.
City of Fayetteville, Arkansas Page 2 Printed on 1011212015
City of Fayetteville Staff Review Form
Sondra E. Smith
Submitted By
2014-0430
Legistar File ID
10/'7/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/30/2014
Submitted Date
Action Recommendation:
City Clerk/Treasurer /
General Government Department
Division / Department
A resolution calling a Special Election regarding Civil Rights Ordinance Number 5703, due to referendum petitions
that were received on September 20, 2014, and approval of a budget adjustment in the amount of $40,000 to cover
the cost of the special election.
1010.1510.5318.00
Account Number
Project Number
Budgeted Item? No
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Budget Impact:
1010 - General Fund
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
$ 25,000.00
$ 25,000.00
$ _ w
$ 40,000.00
$ 40,000.00
V20140710
Previous Ordinance or Resolution # 5703
Original Contract Number: N/A
Approval Date:
Comments: We currently have $25,000 budgeted for the November 4, 2014 General Election. The current budget is
needed to pay for that election therefore a budget adjustment is needed to pay for the Special Election.
OFFICE OF THE CITY CLERK TREASURER
Sondra E. Smith — City Clerk Treasurer
Lisa Branson — Deputy City Clerk
113 W Mountain Street, Suite 308
Fayetteville, AR 72701
To: Mayor Lioneld Jordan and City Council
From: Sondra Smith, City Clerk sA,•&,
Date: September 30, 2014
Re: Special Election
RECOMMENDATION:
Phone 479.575.8323
cityclerk@fayetteville-ar.gov
City Council Agenda Memo
Meeting of October 7, 2014
Approval of a resolution calling for a special election regarding Civil Rights Ordinance Number
5703. Referendum petitions were received on September 20, 2014, and have been verified as
sufficient to call a special election. The petitions requested an election date of December 9, 2014.
The County Cleric has confirmed a special election can be held on December 9, 2014 provided a
copy of the approved resolution is received on or before October 10, 2014,
BACKGROUND:
The Fayetteville City Council approved Ordinance Number 5703 on August 20, 2014. The 2013-
2014 Initiative or Referenda Handbook from the Secretary of State states, fifteen (15) percent of
the legal voters of any municipality may order the referendum or invoke the initiative upon any
local measure. In municipalities the number of signatures required upon any petition shall be
computed upon the total votes cast at the last preceding general election.
The November 6, 2012 general election official results, the total votes cast for the office of Mayor
in the City of Fayetteville was 27,296. Therefore, fifteen (15) percent of the total votes cast for
mayor calculates to 4,095 signatures that are required on initiative or referenda petitions. The
signatures on the petitions must be of registered voters that reside in the City of Fayetteville.
City Code 36.16 When Petitions Need To Be Filed
All referendum petitions under Amendment 7 to the Constitution of the State of Arkansas must be
filed with the City Clerk within 31 days after the passage of the ordinance to which it relates.
The deadline for submitting petitions was Saturday, September 20, 2014. Since the deadline fell
on a Saturday, the City Clerk office was open on September 20, 2014 to receive any potential
petitions that might be submitted.
About 1:30 p.m. Saturday, September 20, 2014 we received 802 petitions. We began the
process of date stamping, and verifying the number of signatures submitted. In my preliminary
analysis of the petitions received they contained 5,714 signatures.
The petitions with the ordinance and affidavits attached yielded slightly more than the 4,095 signatures
required to call a special referendum election. Therefore, as Fayetteville City Cleric, I certified the
referendum petition concerning Ordinance Number 5703 passed on August 20, 2014 as sufficient
pursuant to the requirements of Amendment 7 and Arkansas law.
BUDGET IMPACT:
The special election is estimated to cost $20,000 to $40,000. The cost is determined by the
number of voters that cast votes and any cost associated with the election.
a Page 2
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division: City Clerk/Treasurer Adjustment Number
2014 Dept.: General Government
Requestor: Sondra E. Smith
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A resolution calling a Special Election regarding Civil Rights Ordinance Number 5703, due to referendum petitions that
were received on September 20, 2014, and approval of a budget adjustment in the amount of $40,000 to cover the cost
of the special election.
RESOLUTION/ORDINANCE
COUNCIL DATE:
LEGISTAR FILE ID#:
10/7/2014
2014-0430
i3 a rbara. Feui
9/30/2014 3:I0 PM
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
C:\Users\dmccoy\AppData\Roaming\-5\Temp\2Ob64858-edd8-4do1-b32f-ead41c2dcae5 I of 1
OFFICE OF THE CITY CLERK TREASURER
Sondra E. Smith — City Clerk Treasurer
Lisa Branson Deputy City Clerk
It 3 W. Mountain Street, Suite 308
Fayetteville, Alt 72701
Departmental Correspondence
To: Mayor Lioneld Jordan
City Council
City Attorney Kit Williams
Assistant City Attorney Blake Pennington
From: Sondra Smith, City Clerk Treasurer 02'4-,f
Date. September 20, 2014
RE: Referendum Petitions
Phone 479,575.8323
cityclerk@fayetteville-ar.gov
According to the 2013-2014 Initiative or Referenda Handbook from the Secretary of State, fifteen
(15) percent of the legal voters of any municipality may order the referendum or invoke the
initiative upon any local measure. In municipalities the number of signatures required upon any
petition shall be computed upon the total votes cast at the last preceding general election.
According to the November 6, 2012 General Election Official Results the total votes cast for the
office of Mayor in the City of Fayetteville was 27,296. Therefore, fifteen (15) percent of the total
votes cast for mayor calculates to 4,095 signatures that are required on initiative or referenda
petitions. The signatures on the petitions must be of registered voters that reside in the City of
Fayetteville.
City Code 36.15 When Petitions Need To Be Filed
All referendum petitions under Amendment 7 to the Constitution of the State of Arkansas must be
fled with the City Clerk within 31 days after the passage of the ordinance to which it relates.
According to City Attorney Kit Williams the deadline for submitting petitions was today,
September 20, 2014. Since the deadline fell on a Saturday, the City Clerk office was open today
to receive any potential petitions that might be submitted.
About 1:30 p.m. today, Saturday, September 20, 2014 we received 802 petitions. We began the
process of date stamping, and verifying the number of signatures submitted. In my preliminary
analysis of the petitions received they contained 5,714 signatures.
We have ten (10) days to complete the verification process, therefore Monday we will begin the
process of verifying the signatures.
1 would like to thank City Clerk staff Gina Roberts, Lisa Branson, Kim Johnson and Dee McCoy
for coming in on a Saturday to help with the petition process. I would also like to thank Lindsley
Smith, Communications & Marketing Director for being available to communicate with citizens
and the press, the City Attorney office, for legal assistance and Building Maintenance for their
help with setting up.
OFFICE OF THE CITY CLERIC TREASURER
Sondra E. Smith — City Clerk Treasurer
Lisa Branson — Deputy City Clerk
113 W, Mountain Street, Suite 308
Fayetteville, AR 72701
To: Lioneld Jordan, Mayor
City Council
From: Sondra Smith, City Clerk
Date: September 26, 2014
Re: Petition for Referendum on Civil Rights Ordinance Number 5703
Phone 479.575.8323
cityclerk@fayettevilie-ar.gov
My office has spent innumerable hours reviewing thousands of signatures on the petitions presented by
Travis W. Story legal counsel for Repeal 119 Fayetteville requesting a referendum on recently passed
Ordinance Number 5703 to amend the Fayetteville code by enacting Chapter 119 Civil Rights
Administration for the City of Fayetteville. We had to reject signatures on petitions that were not
properly notarized as required by Amendment 7 and state law. Arkansas Supreme Court decisions
require a liberal evaluation of the petitions so that the goals of citizen review of government action is
promoted.
Repeal 119 Fayetteville filed 802 petitions to my office on September 20, 2014. A copy of Ordinance
Number 5703 was attached to each of the 802 petitions. Our evaluation revealed the petitions contained
approximately 5,714 signatures.
My office then attempted to validate the signatures on the petitions filed on September 20, 2014. We
eliminated duplicate signatures, registered voters who became registered after they signed the petition
or who failed to date the petition so that we could not determine whether their recent voter registration
occurred before or after they signed the petition.
In all of our evaluations of the petitions, we accepted the affidavit of the canvasser as true. Every
affidavit is a sworn statement that the canvasser personally witnessed each voter sign the petition. Thus,
we did not question the accurateness of any signature on a properly sworn to petition. My office is only
supposed to examine what is presented and filed in my office to see if the referendum petition is
sufficient. Information or allegations about questionable signatures or questions of canvassers is a
subject for litigation before a Judge, and not within my power or responsibility as Fayetteville City
Clerk.
CONCLUSION
The petitions with the ordinance and affidavits attached yielded slightly more than the 4,095 signatures
required to call a special referendum election. Therefore, as Fayetteville City Clerk, I certify that
the Referendum Petition concerning Ordinance Number 5703 passed on August 20, 2014 is
SUFFICIENT pursuant to the requirements of Amendment 7 and Arkansas law.
Smith, Sondra
From: Becky Lewallen <BLewallen@co.washington.ar.us>
Sent: Tuesday, September 30, 2014 12:00 PM
To: Smith, Sondra
Subject: RE: City of Fayetteville Referendum Election
Sondra,
We will have your election December 9, 2014 as long as you can file your ordinance with us on or by October
10, 2014. The law requires it to be filed in our office sixty days before the election. I think Jennifer would like
ballot language information as soon as possible so they can start working on ballot prep. Do you think you can
have the ordinance filed with us by October 10, 2014?
Thanks,
BeckyLewallen
Washington County Clerk
From: Smith, Sondra <ssmith@fayetteville-ar.gov>
Sent: Tuesday, September 30, 2014 11:54 AM
To: Election Commission; Becky Lewallen
Cc: Williams, Kit; Travis Story
Subject: City of Fayetteville Referendum Election
Hi Jennifer and Becky
The City of Fayetteville has verified signatures on petitions that were turned in to send the Civil Rights
Ordinance that was passed on August 20, 2014 to a Special Election. The petitions called for an election date
of December 9, 2014. 1 will place an item on the City Council agenda requesting the Special Election. I have a
few questions for you
1. Is it feasible to have a Special Election on December 9, 2014 for this referendum.
2. What date do you need the ballot title to meet the December 9, 2014 Special Election date.
3. If the Special Eiection is not feasible for December 9, 2014 please explain why
4. If December 9, 2014 is not feasible what date is feasible for a Special Election regarding this
referendum.
We appreciate your service. Thanks for your help!
Sondra
Office of the City Clerk Treasurer
Sondra E. Smith CAMC, CIVIC
City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
ssmitha-fayettevi I le-ar.gov
Website I Facebook I Twitter I YouTube
CITY OF
Fay7 �—IvS I e
AS
1 Uji
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
TO: Mayor Jordan Patti Mulford
Sondra Smith, City Clerk/Treasurer Paralegal
City Council.
FROM: Kit Williams, City Attorney
DATE: September 30, 2014
RE: Civil Rights Ordinance Referendum
Amendment 7 to the Arkansas Constitution (now codified as Article 5
§ 1 of the Arkansas Constitution) and Title 7 of the Arkansas Code establish
the procedures for setting the special election date and creating the ballot
form for a referendum.
Special Election Date
The special election must occur within 120 days of the City Clerk's
certification of the petition calling for the referendum. The City Clerk
certified the sufficiency of the petition on September 26, 2014; therefore, the
election must be held no later than January 27, 2015. Ark. Code Ann § 7-
11-205 requires that special elections be held on the second Tuesday of the
month which restricts the possible election dates to December 9, 2014 or
January 13, 2015. if the City Council chooses the December election date,
the Election Commission must receive the ballot information no later than
October 10, 2014.
1
Ballot Form
Ark. Code Ann. § 7-11-204 requires the resolution passed by City
Council setting the special election to include;
(1) The date of the special election;
(2) The full text of any measure or question for which the
election is called;
(3) The ballot title, if any, for the measure or question for
which the election is called; and
(4) Any other information required by law.
Ark. Code Ann. § 7-9-105 includes,a form that was adopted by the
General Assembly as a template for referendum petitions. The information
contained in the petition is then used to create the ballot for the election.
Rather than precisely following this form, the petitioners seeking to refer
the Civil Rights Administration Ordinance to the voters suggested their
own ballot title which might unfortunately confuse the voters.
This mistake does not invalidate the petition, but the ballot title
should follow the form prescribed by the Legislature. It is more
straightforward and understandable for the ballot to follow the form set
forth in state law, in which a "For" vote on the ballot is actually a vote for
the ordinance and an "Against" vote is a vote against the ordinance. This
would be much clearer for voters than a "For" vote on the ballot actually
being a vote against the ordinance and an "Against" vote being a vote for
the ordinance. Therefore, the proposed Special Election and Ballot
Resolution contains the language that conforms to Ark. Code Ann. § 7--11-
204 and 7-11-107 (c).
The statutory requirement that a "For" vote must be for the measure
and cannot be against its enactment is made very clear by A.C.A. § 7 9-107
(c). Although this statute relates to state issues and gives the Arkansas
Attorney General the duty to correct misleading ballot titles, it is certainly
instructive in our case despite the fact that this statute does not give city
attorneys this pre -circulation corrective powers.
This statute requires a "redesign... (of) the ballot title" if:
"the ballot title, or the nature of the issue, is presented in such
manner that the ballot title would be misleading or designed in
such manner that a vote 'FOR.' the issue would be a vote
against the matter or viewpoint that the voter believes himself
or herself casting a vote for, or, conversely, that a vote
'AGAINST' an issue would be a vote for a viewpoint that the
voter is against." A.C.A. § 7-9-107 (c) (emphasis added).
Unfortunately, the petitioners' proposed ballot title to "Repeal"
suffers from the exact misleading problem prohibited by the Legislature in
A.C.A. § 7-9-107 (c). Such a misleading ballot title would confuse voters on
both sides of this issue and thus must be corrected to conform with state
law.
The Legislature spelled out what should be the ballot language for
County ordinances subjected to a referendum in Ark. Code Ann. § 14-14-
917, Initiative and Referendum Elections. I regret that this was not expressly
made applicable to municipal referendum elections or that municipal
referendum elections do not have their own state statute to clearly explain
exactly how a ballot should read. However, I believe that city councils are
closely analogous to county quorum courts so that the same referendum
procedure for their ordinances should be applicable to both local governing
bodies.
In Ark. Code Ann. § 14-14-917(d), Ballot Speci, jxcations for Initiative and
Referendum Measures, the Legislature states:
"So that electors may vote upon the ordinance or measure, the
board shall cause the ballot title to be placed on the ballot to be
used in the election, stating plainly and separately the title of
the ordinance or measure so initiated or referred to the electors
with these words-
3
FOR PROPOSED INITIATIVE (OR REFERRED) ORDINANCE
(OR AMENDMENT) NO.
AGAINST PROPOSED INITATIVE (OR REFERRED)
ORDINANCE (OR AMENDMENT) NO. of
If the proposed Special Election and Ballot Resolution is approved,
the ballot at the special election will include the title of the Ordinance that
was passed on August 20, 2014 along with the full text of the ordinance.
Below that, there will be two options for the voters. For Referred
Ordinance No. 5703 and Against Referred Ordinance No. 5703.
4
Exhibit A
PROPOSED BALLOT LANGUAGE FOR
REFERENDUM ELECTION FOR FAYETTEVILLE CITY ORDINANCE NO. 5703
ORDINANCE NO.5703
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING
CHAPTER 119 CIVIL RIGHTS ADMINISTRATION TO PROTECT THE
CIVIL RIGHTS OF FAYETTEVILLE CITIZENS AND VISITORS AND TO
CREATE THE POSITION OF CIVIL RIGHTS ADMINISTRATOR FOR THE
CITY OF FAYETTEVILLE
WHEREAS, the City of Fayetteville seeks to protect and safeguard the right and
opportunity of all persons to be free from unfair discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital
status, socioeconomic background, religion, sexual orientation, disability and veteran status; and
WHEREAS, the City of Fayetteville seeks to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and to ensure that all persons within the City
have equal access to employment, housing, and public accommodations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas enacts Chapter 119
Civil Rights Administration as shown on Exhibit "A" attached hereto.
FOR REFERRED ORDINANCE NO.5703
AGAINST REFERRED ORDINANCE NO.5703 13
191
OFFICE, OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
C-t
FROM: Kit Williams, City Attorney
DATE: October 7, 2014
RE: Ballot Language for referred Ordinance No. 5703
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
There has been some question about whether I approved the
Referendum Petition proposed ballot title that was used on the referendum
petitions. The short answer is "No". By email of Friday, August 22, 2014,
attorney Stephanie Nichols sent me and Sondra an email stating: "Here is
my final draft of a petition re Chapter 119. Do either of you see any
problems with this?" I replied on that Friday at 5:12 p.m. "I see no
problems." These emails and her attached proposed Petition For
Referendum are attached to this memo. As you can see her Petition For
Referendum properly requested:
"that Ordinance No. 5703, creating Chapter 119 in the
Fayetteville City Code, entitled 'Chapter 119: CIVIL RIGHTS
ADMINISTRATION', passed by the city council of the City of
Fayetteville, Arkansas, on the 20f day of August 2014, be
referred to the people of said municipality, to the end that the
same may be approved or rejected by the vote of the legal
voters of the municipality, at a special election to be held on a
date yet to be determined...."
1
I still "see no problems" with that proposed language. Stephanie
replied "Thank you for your review...."
However on Saturday, August 23, 2014, Stephanie emailed my office
again and informed me that another attorney, Travis Story, was working
on the petition and "has revised the petition from what I sent you last
night .... Do either of you know if the ballot title and popular name is
required for a municipal referendum? ... If it is required, does the petition
drafted by Travis seem to present any problems as far as the ballot
title/ popular name portion? Do either of you see any other problems?...."
This email and the attached proposed Referendum Petition as
changed by Travis Story is attached to this memo.
I replied by email at 9:15 a.m. on Monday August 25, 2014:
"Stephanie,
I think you have reduced the printing size of the ordinance too
much and could make this a point of attack for your opponents.
If the ordinance was not easily readable by every signer, the
requirement of attaching the ordinance would not be achieved.
I think a two sided page can contain the ordinance that would
be large enough for almost anyone to read and thus, less
susceptible to legal attack. It would need to be attached to each
petition.
I anticipate that title of the ballot issue would tract pretty
closely to the title of the ordinance. I agree that the statutes I
have looked at are not nearly as clear for municipal
referendums as for state referendums. I am working on other
briefs that soon will be due and cannot spend too much time
now researching this point." (emphasis added).
F4
Travis had changed the ballot title to read:
"TO HAVE REFERRED TO THE PEOPLE OF THE CITY OF
FAYETTEVILLE, ARKANSAS: `ORDINANCE NO. 5703.'
ENACTING 'CHAPTER 119 CIVIL RIGHTS
ADMINISTRATION' TO REPEAL, IN ITS ENTIRELY:
"ORDINANCE NO. 5703.' AND 'CHAPTER 119 CIVIL RIGHTS
ADMINISTRATION"
This petition still had the proper language of "referring to the People
of the City of Fayetteville, Arkansas: 'Ordinance No. 5703,' enacting
'Chapter 119 Civil. Rights Administration'...." However, for the first time
Mr. Story added thereafter "To repeal in its entirety 'Ordinance No. 5703'
and `Chapter 119 Civil Rights Administration." Since the first language
still was referring the named Civil Rights Administration ordinance to the
people, this version of the petition was probably okay.
Unfortunately, The Petitioners changed their final Petition language
much more significantly which I do not believe I saw until after the
petitions were handed in on September 20t". Their final "ballot title"
language reads:
"TO HAVE REFERRED TO THE PEOPLE OF THE CITY OF
FAYETTEVILLE, ARKANSAS A BALLOT MEASURE FOR OR
AGAINST: 'REPEAL, IN ITS ENTIRETY, ORDINANCE NO.
5703 WHICH ENACTED CHAPTER 119 OF THE
FAYETTEVILLE, ARKANSAS CITY CODE."
I do not believe that this would be proper ballot title language as it
does not even include the title of the referred ordinance nor of Chapter 119:
Civil Rights Administration.
"We have explained that the purpose of the ballot title is
to allow a voter to :reach 'an intelligent and informed decision
for or against the proposal and to understand the consequences
of his or her vote." Walmsley v. Martin, 2012 Ark. 370, 9, 423
S.W.3d 587, 591(2012).
3
I do not believe that this improper proposed ballot title on
the petition necessarily invalidates the referendum petition
because earlier on the petition the proposed ordinance was
properly identified by its complete title and was proposed to
"be referred to the people of said municipality to the end that
the same be approved or rejected by the vote of the registered
voters of the municipality, at a special election ..:."
However, a ballot title that describes the referred
ordinance only by a number would certainly not "allow a voter
to reach `an intelligent and informed decision .for or against the
proposal and to understand the consequences of his or her
vote." Id. Therefore, I cannot recommend that we submit to the
Washington County Clerk and Election Commission the
language that the proponents of the referendum may have
proposed for the ballot title which I believe would be contrary
to the law and Supreme Court decisions.
Ll
Williams, Kit
From: Law Office of Stephanie Nichols<stephanie.nichols777@gmail.com>
Sent' Friday, August 22, 2014 4:57 PM
To. Williams, Kit; Smith, Sondra
Subject- Final Copy of Petition
Attachments: Petition for Referendum of Ordinance 119.pdf
Kit and Sondra,
Here is my final draft of a petition re Chapter 119. Do either of you see any problems with this?
Thanks,
Stephanie Nichols
Attorney at Law
P.O. Box 1115
Jonesboro, AR 72403
(5 0 1) 288-2927
Petition for Referendum
To: City Clerk, Sondra Smith
City of Fayetteville, Arkansas
We, the undersigned legal voters of the City of Fayetteville, Arkansas respectfully order by this, our
petition, that Ordinance No. 5703, creating Chapter 119 in the Fayetteville City Code, entitled
"CHAPTER 119: CIVIL RIGHTS ADMINISTRATION", passed by the city council of the City of
Fayetteville, Arkansas, on the 20th day of August, 2014, be referred to the people of said municipality, to
the end that the same may be approved or rejected by the vote of the legal voters of the municipality, at a
special election to be held on a date yet to be determined; and each of us for himself says:
"I have personally signed this petition; I am a legal voter of the City of Fayetteville,
Arkansas, and my principal name, date of birth, residence, city of residence
and date of signing this petition are correctly written after my signature."
Signature Printed Name Date of Birth Address, City
1.
2.
3.
4.
5.
6.
7.
S.
9.
10.
Date
State of Arkansas )
) ss.
County of
; being first duly sworn, state that the foregoing persons signed this sheet of the foregoing
Phase Print Namc ofCm ssrs
nce. I believe that each has stated his name, date of birth, residence or
petition, and each of them signed his name thereunto in my prese
town of residence, and date of signing correctly, and that each signer is a legal voter of the City of Fayetteville.
Signature:
Residence:
Indicate one: Paid Canvasser ^ Volunteer/Unpaid Canvasser
Subscribed and sworn before me this of , 2014.
Notary
My Commission Expires:
Williams, Kit
From: Law Office of Stephanie Nichols<stephanie.nichols777@gmaii.com>
Sent - Friday, August 22, 2014 5:19 PM
To: Williams, Kit
Subject, Re: Final Copy of Petition
Thank you for your review. You always go above and beyond in your promptness and are one of the most easy
to work with attorneys I have ever dealt with. I sincerely appreciate it and have told several Fayetteville
citizens about your fairness and ease to work with.
Have a great weekend!
Stephanie Nichols
On Fri, Aug 22, 2014 at 5:12 PM, Williams, Kit <kwilliamsna fayetteville-ar.g_ov.> wrote:
I see no problems.
Kit Williams
Fayetteville City Attorney
479.575.8313
From: Lava office of Stephanie Nichols [mailto:ste hanie.nichols777 mail -corn]
Sent: Friday, August 22, 2014 4:57 PM
To: Williams, Kit; Smith, Sondra
Subject: Final Copy of Petition
!
Kit and Sondra,
Here is my final draft of a petition re Chapter 119. Do either of you see any problems with this?
Thanks,
I
Williams, Kit
From: Law Office of Stephanie Nichols<stephanie.nichols777@gmail.com>
Sent•Saturday, August 23, 2014 4:17 PM
To: Williams, Kit; Smith, Sondra
Subject: Ballot Title/Popular Name?
Attachments: Petition for Referendum of Ordinance 119{w_Exhihit).pdf
Kit and Sondra,
Local attorney Travis Story is working on a petition, and I am assisting him. He has revised the petition from.
what I sent you last night. (Thank you for the information, Sondra). Do either of you know if a ballot title and
popular name is required for a municipal referendum? We have not been able to get a definitive answer on that
from the statutes, some of which seem to apply to municipalities and some which do not. However, the form in
the statute, which Sondra sent last night, does indicate a placement for a ballot title/popular name. Is this
required, or is this something that can be left off when it is not a statewide initiative?
If it is required, does this petition drafted by Travis seem to present any problem as far as the ballot title/popular
name portion? Do either of you see any other problems as well? (There are a couple of typos, but we can easily
take care of that. I am just concerned with the substantive part right now). Also, is it OK to have the ordinance
on one sheet behind the signature page like we have it? I can read it, but I didn't know if the smallness of the
type could possibly present a problem?
Thanks,
Stephanie Nichols
Attorney at Law
P.O. Box 1115
Jonesboro, AR 72403
(501) 288-2927
REFERENDUM PETITION
To: The Honorable City Clerk, Sondra Smith
City of Fayetteville, Arkansas
We, the undersigned registered voters of the City of Fayetteville, Arkansas respectfully order by this, our petition, that
Ordinance No. 5703, passed by the city council of the City of Fayetteville, Arkansas, on the 20'h day of August, 2014, entitled
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING CHAPTER 119 CIVI RIGHTS
ADMINISTRATION TO PROTECT THE CIVIL RIGHTS OF FAYETTEVILLE CITIZENS AND VISITORS AND TO
CREATE THE POSITION OF CIVIL RIGHTS ADMINISTRATOR FOR THE CITY OF FAYETTEVILLE, be referred to
the people of said municipality, to the end that the same may be approved or rejected by the vote of the registered voters of the
municipality, at a special election to be held on a date determined to be w; and each of us for himself says:
"I have personally signed this petition; I am a registered voter of the City of Fayetteville, Arkansas, and my principal name,
date of birth, residence, city of residence and date of signing this petition are correctly written after my signature."
TO HAVE REFERRED TO THE PEOPLE OF THE CITY OF FAYETTEVILLE, ARKANSAS: "ORDINANCE NO.5703,"
ENACTING "CHAPTER 119 CIVIL RIGHTS ADMINISTRATION" TO REPEAL, IN ITS ENTIRETY:
"ORDINANCE NO.5703," AND "CHAPTER 119 CIVIL RIGHTS ADMINISTRATION"
Attached is the full text of Ordinance No. 5703, including Exhibits,
which are incorporated by reference as if set out word-for-word herein.
Signature Printed Name Date of Birth Address, City
1.
2.
I
4.
5.
6.
7.
8.
9.
10.
Affidavit of Canvasser
State of Arkansas
County of
Date
I, being first duly sworn, state that the foregoing person(s) signed this sheet, in my presence, and
Plm P6n%V .fCen -r
each of there, to the best of my knowledge and belief, has stated his or her name, date of birth, residence, town of residence, and
date of signing correctly, and that each signer is a registered voter of the City of Fayetteville. At all times during the circulation of this
signature sheet an exact copy of Ordinance 5703, including exhibits, was attached.
Signature of Canvasser:
Residence of Canvasser:
Subscribed and sworn before me this day of
2014.
Indicate one: Paid Canvasser
Notary
Volunteer[Unpaid Canvasser
My Commission Expires:
ORDINANCE NO.
AN ORDINANCE TO AMEND THE FAYEMV ILLF, CODE. BY ENACTING
CHACIVIL RIGHTS I19 HTS OF FAYJpI IEVILLE CITIZENS AND V SITORRIGHTS ARMIMSTRATION TO S ND TO
CREATE IRE POSITION OF CIVIL RIGHTS ADMINISTRATOR FOR TILE
CITY OF FAYErMVILLE
WHEREAS, the City of Fayetmvdle seeks 1s project and safeguard the right and
.pglonpua(ty oral pe.ans to be hoe Ivan onfeir discrimination bwod on real or puceived raw.
tHaicity. astiaaal origin, age, Sondes, Sander Warily. gerhar expression, familial 3L'PA marital
staWS. Soeiotcommie ba;AWouO4 tel-WOh. sexual orientation, disability and vetcraa status; and
WHEREAS. the City of FayarruMjje scOks to promok Ill. public health and wolfs,, of
all Parents who livt w work to the City or Fitritwitte Owl fo emwc that all persons within the
City have equal ernes,, to employmona, horsing, and public acoonunadatiotrs.
NOW, TgMFOM BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYFMVHJX ARKANSAS:
Scaim lm 1. 'Rout the City Connell ofthe City ofFayettwillc. Arkansas sects ChaPlar 119
Cj,B Rights AdmldlafrAdon -s sho m od Etmibil' A" allxhed hvtto.
PASSED asd APPROVED INS 2P day of August, 2014.
APFROV ATTEST:
yQa-,V-
ONE)i,D r Mayer SONDRA F. SHITH, Ciry ClukfTremmms
0.00.'hun
`�jv&ty O .yK
eE�rFAYEYTEsaLL4; n
dt...
apin ateashlp or other ials pa h ing, including sn-tha-Inb
morning pagmira:
(F) To pant aaapoamnalayr Welke or advarkemem
published, arty Thls sihDsectm stall one[ be
OORSW totaling . tun be QS person who prints a
published m ai W Oluedt MO
publishes N. nut, a.awecismnmv, Surat as a rwwspapor.
to llabil" r
(G) To dlscrlmina[e In re.rrin9 anIndfWtluai for
sm~am whether the Wemal Is by w .mpk"-nl
agawy, labororgantiOd" a any olherpw.an.
119M PrWdbted A0e of Dlecrtmlradml - Housing and
R.g Filets Tr--cli s
With regard . houafn9 and coal Ott" Irensedifulm which
in any or able, mil Isonse, It shelf be I the following acts siolfy a peritaily fore
iAscrimllal d cdMna
,,, TO dtsm of n.te by Impeding, any
"O9, dlhrnurapl O
a chemise lhniting a regriclMg any danssSlldn h real
051A.:
(B) To 4h wont. by Imposing diflaam terms on areal
.state as ionclu ;
(c) To represent falser that ea tamest In real -l"a Ia
nnl available for batieKsOn:
inlold
(D) Te kdude ' clshltise acouti aor
benscilm any
resaidkn;
(F) To d1sainfiw19 In performing. or mfusbng W Peifem,
my act auSO any IS d.Wm.e en jr.Whisal'a Martial
obtty. en" In a ne estate vatnnotla;
(F) For a PWWY manager to diacMdnWA by refusing
W P"gde We, meamng at. a servkes to. occupants of
any real ea.. which he a she manages;
(G) To ar &a. prim - mpublish. a cwse to be made, printed
M PabiLshod. y dhwlmhatoty .ogee . statement a
.dwertsam.M with respect W areal -gate transaction a
proposed real 6&ge bar —fie, ar flf—.Kg Misting
filtrate. This sebsad w shag eat be conat d d to PM alt
adv &hig dbec.d to phyalcety
poseurs over the age at ivy- tine (55) W the Wgmse of
ireBng to male attention the "Islimcs a absence Of housing
:_MmO6.UOu a e.,Jm fa the physically dleabled a
I'll dy Todmo n4late In any Mandel banstdam Involving
real "m. m anion. Of the location Or the No estate, be it
sldeatal or noo-maide4o rn,"lning'r..
(1) For a Me$ ask. operator, areal estate broker. e
anal .,Ile salesperson, a financial instivt sn. an employee
of any d thine or any other person, for the purl- or
Iei�ke -th
may benefit Pet thatchan" a
oedirtad or wll or may acne In the eomposl9on with respect
W the race, ethOdt , nahmil origin, age, 9andar, gender
Wanly, gender a-leasskn, lamllg aWkn. maAg slates,
sodusaamuh, baftaurd, religion. swat otteMMlvn.
phpical C 202(19 511c, disabllty or "Was gays d Me
erne. a occMal pe pe In 1, or to epuloeaaam man 41
that ass
whkdn lh- anal p•PadY
change w in may reap k the tial betg ul poopsror. d canoe•
an Irhsrasse kit almlial a antea:fN behavior a e decline In
thequality
the reef oWueAv is kee.d sbapd5 in the � bk�-1 n 11an ') a aroa In
(J) Nalr 1hstarrdig Ina Po'rlsk is d subsoc9om 1A)through
(1). it shell dot be an veawft dlsrriminaloy podia for an
own., to Ilmtf tccupncy on the bags of a person'- law-
ncuene, ago aver Itly-fww (55) Years. dbablllry States In
accordance with federal or atom law
(Iq Ndlwlnntanding the proddens .f subaeetlons (A)
Nreugh p), t shall nor an unlawful dwc rrInQtary praafce
far an ownar, lessor a Motor to
revues toreal lease or
Subloase o padkn of a single family dwen.g unit W a pOram
as a Omani. room. a board. where it Is IsAft-ed that
the owner, baser a molar win be moupying any part" Of
the sing. -family dwelling or to eyes. to rent, lease or
a.v..SS whom 4 Is and.1paled Nut the ovrnor, looser a
renter will be sharing either a knehen or a bathroom with the
bmem,roomerabowisr.
(L) Notwithstanding any dh. Dovish d this OwAvi.
It is and an unlawful dkcAminaNry pratllee W apply or
OM.rca the definitia Of 'farreff tar inning purposes
pu ea W $ 151.0$ d Ina Urdted Devekpmem Coda.
119,95 Prohlblled Acts of 015cnmineton - Susluaws
Falebllebmum, or Fh bllc Awonmodations
It shall be unlawful for a business astabitshmant Or place of
comic acammodation W a discriminatory mason W deny.
cheep, or IMIMS11y, any pertain ft fua m)eywnm of the
goods —loss, teclNes, pMlkgO, advantages and
public acwmmodaW, —It. required by state a Nd.al
law.
119.go CRY Services, FApllWee. TYmrmoilene and
Cootrecs
(A) The City IN Fay9tedlle and 81 of Its empluyeas ae
boaad by Na pwislons at INS chapter to the same extent as
pdw a. IndlWdubls and buahmenses.
g, All agar clan, dung business with Me City d
Fayml.WM Shall —ply with INS .dinanot.
119.07 General E-OW-na
(A) Any practice which has a Oactminalaty effect and
witch would otherwise be pmhgd[ad by this cihuplar shall not
be deemed rnlowlol 1$ It Dart bit astablebed that the prac9u
is not fntendenally deWSed W cmbavene the PoOMItens Of
this chsper and there exists an lase dimrbninslory means d
satisying a buslnase Puipose,
(B) 'Na chapter On" rout apply to cryde lerai. eta. a
m
county gowemem office or oifkJai, a any Publk
adsWtlmpl NsllMion Within f CRY.
(CI Va." eMe*- prohibited by law, nothing
ca n.d In nos chapm shall be umahued Ia prohibit
pmmollomt atbuilies such an smvr cidzm m�unr&M
Whet timber Ixacikes des4and pdmarM
isarnc 811on by a pto.ced group.
(D) It shall not be an unlawful decrlrMmtory practa for
On employer to able— tha mrndhiera or a barn Rd'
Seaodly syarem a . bona flaw employee benefit system
such as a retlmmaM, pension a hsuron.a plan 101ch is Ad
a suite[.,. a pretest W evade the purposse c Mchapter.
(a) Its shall not be an udawdd dlsdim.aWry Puattke for
any person W carryout m afNmative action plan as required
by state a federal taw, or by Seen ad..
CHAPTER ila: CAVIL RIGHTS A01AINISTRATiON
119.01 P.POee
Th. purpose of this drools is to period and asinuard the
right and Opportunity Or all persona W be Ira. from
dlscdmlialloh based an -0 a perceWod race, ethnWLY,
-taws ort9bh, ago. Raeder, gene. Ideally. good,
axpreaalon. hmNal ,town, rmolal slave. sodua affook
bac4mund. rerlgtun, wAue 'dontatlon. CLsabll"Y end
vonuan Status. This Stapler, Purpose IS dsa lu patine the
Wbill health and "thint of all parsons he [
the aty or Faystowit- sd m -Sure lha allraa tura awhhar
Nit M hewn equal w,cal to ampfryrmM, houalag. and
pvblkacc.mmiodetldha
119.e20wroklms
(A) 'guninns Eda6dcunna means a 001Y,
however organized, whkh fwnithea 9--de, se
axenerialatlorha In ire general public. An oberaase
quainylpp astaNlehmens %Nch has reatebssaMp
raqulm earrts Is Sonde ed re furnish se;*on ae the general
paayymmenta to. coco " only of reWbemsus.do, 10
insumb consist Only 14
p1kh
o miaslMtei polim of We feaWmb or the city could quality.
(BI •C ril Rights Adnenkl rka' means the POMOO
dostgnaled by ton Kayo . rem". hmasllgale end
coaLlalO comphenta 6PN49 under Oft daaPl-
(C) WSabilh, a •disabled moms, with respect Wan
lodWW.d. a physic a mental 9np�nsr , a mead al Such
an ImpoinnmL a being pau ohjo a regaled as haw1n9
such Impahmml. For purposes at this daps,
asemdnat.m an the ball. of disability mewls that no
a m,M4 OOgty shall dlsaimthate against. qualdlod Incvlduao
with a &MMily tt a w of *K IncWdual's ilhaMily. The
tons %tuaiiaed Indrddual with - lh--W yr -bell mean an
lnavWoal with a d u0ity who, with tar WOOD reasonable
aocammadellmi son Purlaen the esseetlel fundlan or the
m*ayment posifeat that the W* M" hauls adeairee.
(D) 'discdmcOw, 0isadmluason of OlsalntnalorY
means any .4 pdW a precik, IMI has the tiled of
subjecting any person to tlillea" bealneM as a result of
that person'- raataporcaiwad reca, eltmlft ne"On" arkin,
agent Ig m"a al., forrnigaialp0smass, r, ham er ula aNs:
a.ckc,Sw mk badr9muld. helicon. soared edontalkn.
dlssbll E veterane' meenne ala
(p) -Employee are' Individual employed M a
cowered arcip",
(F) 'Employer means say person, buslnoss a
.,gmia... which fegWarM employs 11- (51 or moo
Indhidusla, not indadng the m*YMa parents, vPowce a
Caldron,
erWlFor gp &@ (5) W4vldu&h wheat this ran n the ample V*r
employs flue 1610, more 4WHIstOn tar itch work" day in
any homy 120) or more Salvino woeke in ism currant a
pMW..s calends, year, For pulp— .1 tnit SShotgun, an
hoat d an
empluyev' is also arty Person aanllp adleg m
hreW Ws,. dteciy Or hdfrody, or any vrfie enam egahry,
(0) 'Familol stags' moms m indwiOu"s statue K
parent a lags guardvn to a duld Or childmn below the age
(F) Naming aosased in this chapter Shall be doomed to
Prohibit s-Notion a MjeCrian based scary opun a bona tdO
occupadaral poltcaton a a bona Rd- physical
requirement Nothing contaleed In IN, Chapter Slat be
deamud Io prohibit a rolgices Or da;mirwtorat Inathulk.
from toweling or ejocung 201zanta and amPlWas roc
non 5_1a, "Ot m, an bit, basis of the applicants a
-mut.yae'. oadgrmainpa with low Nab'sekn's religious or
d.n mh lO.M Prindgi. t a party -as.rta dal —
dherwhu, urdssiul practicu I$ Justified as 9 PemissblO bona
flft wccupalknal quaMcalbn a a pemrlssIble bona Mo
physcal requtremeal that parts' shut revo tin burden of
prPuing
I"Tint the dkcrlmlpatlod is Fad a necessarytasdl
.1 such a bona fide e.,ffiO h: and
(21 That those HOL, we W. dhuanlnatcry m m, of
satisfying the bona this rmoi erem,
jot If aPant asserts lid an Oherelso unlawful practice
Is justtow as a paint-e1Ne Saw fuck Mllg - .f
den.minatknal pu fcumce, that part shot be the burden
of proving that the disdhnkndon I- In fed a no .my---ft
OFaa ha 49
atde cordRak
(H) Any age reahkflons mqubed by Oulu . federal m-
or mgoatarts, including inn to $ale or delivery at EkaWit
beu.ap ut, are sal boprePOr age cw 1o"I aom under gill
chaplar.
p) Nothhhg s ilia CIMP.F shall be canatN.d W Mquim any
reiglabe 0.dvvmhabmat Nshhrl atassoclali al
I. tax exempt proparty ploo, Of
or group far any a mmmhy a ceso
meeting. eapf for y VONky
Or uvula Net to supported h, whole or pan by put* hmds-
(J) Designating a fedity as a gender 9;agated space
shall not he a yloWm of this chapter' Nothing In INS
chopta shall be o.nsined as aiming any person to near
any gander-sagreguied space far awyuWa ful purposs.
119Ap poeltngal N.11cos
Every ample", tar miry sab(ed W this Shaper shop Poat
and keep posted In a Smspituora looOton where business
or ectwlly Is—junway concluded or negatlaled, a notice,
the language and W- of whkh has been prepared by the
Chiral Fayaftadlle, lath; North a 143 from or tkwun"-
.t the payment prowWo-.1 mis ehaptor and WWmetbn
parNnril W the mini amea or rights hereundwf. Thou nark,
Shop be in both English anti Spanish.11 ever Ise percent d
an employer. WeFI- ors speak as thek mi&. language. a
lanuage other Item Ed" a Spanish, makes at that
empl.yere place at businese ,hell be � t� t��5
anguage. At the requell of the employer
requbed by ads sedim shelf be m wldad by the City,
Notices shalt be posted wbbs Ion days after realPt from the
city.
11U9 Retaliation Prohibited
(A) n in or unlawful douO ralary Prodla W coerce.
threaten, Miallate agai st, lefeffere sign ar d1perl.1a%
ageing a panne . because the it be, apposed any
of eighteen (IS) who may or MY non tasld- Wne Nc
admwuw.
(H) 'Gender mearm wide a Pem.Wed sax.
(I) 'Gender tdanblll' means - Parses'- piamly h[.Wd
lif ntby, whether Or not that ld.Wty is a is per0aNe6 W be
diikmnt from the tndCfanaty assodstad VON the sex
.Wgned ,#W lodwWwal el birth.
(JV. •G.tder Expxclvh' eons - Pehaen'e 0-der-
nelse d oppon' and b.hawao whotldr o not OW pander
expression is a Is percaNad to be different from thel
baGt.nsty an,edeted with the persons eaalprWd sea al
64th.
(K) 'Narilal a.vi ataaus an indMduaie revs c
single. mauled. domo.ACWIY po Wad. dNerad or
wWmted.
(L) -Place of pubk ecaurmnodatian m-arts nhv.
raven, hotels, motels, restaurants, wbdosais outlets, rolal
—gets. bard.. Owfug/ and Ioan ats.c al.,n, other financial
IoslNrWns. aedb Inloma9un bureaus, leSumara
tanrpanies. dlsp-sates Slldps, bo 10%, thoalaa,
reoe.IFonal prods and fell )bk uatlet camps, gre"",
publk hops, Ord at other ostabIlhmefes wahh the City
which offer goods. SwOuss.-Sommoeatkos and
omerialrmham to the public. A place of publk
scaamRndatiat don not Include my Irolitudon, dub or
other place of acoommodapoA which by IS -IWO Is
diOncty private'
(M) 'beaaes oriento9rn means scald or PSceivad
botbasort dity. hormews nllN mbkawefltY.
IN) 'Vale,-ataWP -am in sdNid-W$ttALM as as
who sewed In the aclba military, naval to Orr-atvlon, end
who was dkmbp ad a released under wndidaH n(h. then
dlshenaabte.
119,03 prohibited Acts of gecrlaalnetaa—Eon OVontat
With nsgard 1P emplaymero, 4 ,hat bit unlawful for airy
employer a fobs, amanitaton to engage In any or Out
idO.rn9 ac. wetaay apantely tar a dImfWngay mason:
(A) TO fat I- hire, refuse W hoe an diadarg- m
IW Wve;
(9) To dscrhninate agahnl any ledhHual WAN VNIPPSl le
rempenlml.. lame, omciplon. a privl69e4 of
a
soo,Me4 including pamolW, NOIN a In this section
AM be ootalmad to mqu►e why anplayar to provke
bmaina, Such as Wuramae to h4induals not employed by
the entpi.yer,
(C) TO that, segregate an classify Onployaue in any way
which emdd do" or tend In depehm any employee of
em,W,m f eppod roes, ar which h would obas,wlse toad ta
ad-rsey affect bra or her status as an emplaysei
(0) To fell or refuse W velar for amploymenl any
IndkrWual . such a manner Nat wuctl deprive an 1ndWldual
at
oWk'ymrA opportunities.thst would Ind$ an IndiulchOk
employment opporiunalosa that would OtherAle edversdl'
offset an indwidual's status es a pesSock. employee or m
an applimt far mploymenh _
(E) TO dIwImeane against an I%dWWUQI 1.
practice made anWWut by Nis ch-Plan. has mad. a ear,
frwal s cha19a or comp due, or nit, f-Mftd buthkAy,
assisted Or padlcippted In an IRmligaton, pocoadhhg ar
hearing p—ant to this dopta.
(a) It le an ua.,U dlacAn Wo y pWke In MOW-,
request a suggest that a Person a angryretallela WalrA
forena, with. Intantdato or dlsnlminav agaHat a pawn
borauso that Douse has opposed
any prectce made
umawfel by this chapter, ban made a non-Mvdous charge a
has toalMad truthfully. assisted aaidwic4*10 In an
rids
Imregtgalkn, proceed", or housing
chaps.
(c) It Is m unlawful d6comhnaloy practice W cause a
Doers, a dtompl to Seas , a cource, directly a indheely,
any pawn In order to prevent that person two. coo,04Ag
with the p—Wms of this chapter.
119"t, Fese evatlar.19udnate Retads
win—;, complaint or dl%drelwten has been filed against a
parson under this adlr.nco, such peraah shall Pessema all
records roavanl to the complaint watt a final dlapoabbn Of
the cowipwt.
119.11 Adminietratesand Enlarcoman;
(A) The Mayor shall des linato the Cull Rljhts
AmniMsmkr, who shelf administer No chaps and be
responsible far unwMap, ImwogigOnall and ca"Ifedmg
amp fits tied under Ills derp is. To be anederad ant
adrmnla.rod by the CM Rights Admki.kea, compbints
most be recaived in the Cml Rights AdninlsraNrs office no
ma. than Sri months ,ter the alleged dlsatm4eWry action
or, N he tosO a$ ongoing alleged dkolminaWry actual. no
mac man six monies after me most .,out I.Ment d
al.ged dlaoimWatim, The CId Rights AdmlmsbaWr chit
pmpam an easy to use iasnplait form and make the form
easily ae.eaeUs W ono public.
IB) The Clwl Rights Administrator ahOed that attempt W
ahmhmte the unlawful practice Or Pradd4s tuoogh
anualck. a, m-diode, In c.ndisteng a complaini, ma
admWIMMtot should by to sealeve a Pat resolution and
Obtain assurances that g.,de re respdl will Sallalast riy
remedy any vdoeea of
Ne oumpahant. fights end take
--than to -sure the agnifnamn al both paramn and M.
Otte," proetkes lo oempllsnce with the Chapter. It the
CW Rights Admlauratar deWmlas last the eomptahrmt Is
not string in good f.th. pre condla9nn a irradiation may to
.mhw.d ant tha W-491AI may be lmmedhley
dlsm.sed. if the relpardent Is net patkJW.9 lo good
faith, the complaint may be kemsdhtey refaced W the City
(C) Afar arty stamped isamhttesm Or medlatlon, the
CNN Rights Administrator wiz refs, any Ovesohred coriplalnt
and SmglaimM as needed to are " Pa-aeculorB Ofia
for apprdpriat further action, Indoding p to cuboh.
(D) The flung or a o.mplalnt undo the chapter does not
pldl yhWr OO lenn... federal hemedtas mg may be
ro➢
Williams, Kit
From: Williams, Kit
Sent: Monday, August 25, 2014 9:15 AM
To: 'Law Office of Stephanie Nichols; Smith, Sondra
Cc: Pennington, Blake
Subject: RE: Ballot Title/Popular Name?
Stephanie,
I think you have reduced the printing size of the ordinance too much and could make this a point of
attack for your opponents. If the ordinance was not easily readable by every signer, the requirement of attaching the
ordinance would not be achieved. I think a two sided page can contain the ordinance that would be large enough for
almost anyone to read and thus, less susceptible to legal attack. It would need to be attached to each petition.
anticipate that title of the ballot issue would tract pretty closely to the title of the ordinance. I agree
that the statutes I have looked at are not nearly as clear for municipal referendums as for state referendums. lam
working on other briefs that soon will be due and cannot spend too much time now researching this point.
Kit Williams
Fayetteville City Attorney
479.575.8313
From: Law Office of Stephanie Nichols[mailto:stephanie.nichols777@gmail.corn]
Sent: Saturday, August 23, 2014 4:17 PM
To: Williams, Kit; Smith, Sondra
Subject: Ballot Title/Popular Name?
Kit and Sondra,
Local attorney Travis Story is working on a petition, and I am assisting him. He has revised the petition from
what I sent you last night. (Thank you for the information, Sondra). Do either of you know if a ballot title and
popular name is required for a municipal referendum? We have not been able to get a definitive answer on that
from the statutes, some of which seem to apply to municipalities and some which do not. However, the form in
the statute, which Sondra sent last night, does indicate a placement for a ballot title/popular name. Is this
required, or is this something that can be left off when it is not a statewide initiative?
If it is required, does this petition drafted by Travis seem to present any problem as far as the ballot title/popular
name portion? Do either of you see any other problems as well? (There are a couple of typos, but we can easily
take care of that. I am just concerned with the substantive part right now). Also, is it OK to have the ordinance
on one sheet behind the signature page like we have it? I can read it, but I didn't know if the smallness of the
type could possibly present a problem?
Thanks,
Stephanie Nichols
Attorney at Law
P.O. Box 1115
Jonesboro, AR 72403
(501) 288-2927
10 RECEIVED
REFERENDUM PETITION su 2 0 Z014
Ci'{Y OF FAFSOM
To: The Honorable City Cleric, Sondra Smith Cit't
City of Fayetteville, Arkansas
We, the undersigned registered voters of the City of Fayetteville, Arkansas respectfully order by this, our petition, that
Ordinance No. 5703, passed by the city council or the City of Fayetteville, Arkansas, on the 20m day of August, 2014, entitled
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING CHAPTER 119 CIVIL RIGHTS
ADMINISTRATION TO PROTECT THE CIVIL RIGHTS OF FAYETTEVILLE CITIZENS AND VISITORS AND TO
CREATE THE POSITION OF CIVIL RIGHTS ADMINISTRATOR FOR THE CITY OF FAYETTEVILLE, be referred to
the people of said municipality, to the end that the some may be approved or rejected by'the vote of the registered voters of the
municipality, at a special election to be held on December 0, 2014, or as otherwise determined by the Fayetteville City
Council; and each of us for himself or herself says:
"I have persoually signed this petition; I am a registered voter of the City of Fayetteville, Arkansas, and my principal name,
date of birth, residence, city of residence and date of signing this petition are correctly written after my signature."
TO HAVE REVERRED TO THE pEOPLE OF THE CITY OF FAYETTEVILLE, ARKANSAS A BALLOT MEASURE
FOR OR AGAINST: "REPEAL, IN ITS ENTIRETY, ORDINANCE NO.5703 WHICH ENACTED CHAPTER 119 _
OF'rHE FAYETTEVILLE, ARKANSAS CITY CODE"
1.
2.
3.
4.
5.
6.
7.
9.
Stave 9fArk=a4 )
rs.
1, . Oc? K rah 4i 1 , being first duly sworn, slate that the foregoing persan(s) signed this sheet, in my presence, and
each of them, to the best of my knoviledge and belief, has stated his or her name, date of birth, residence, town of residence, and
date of signing correctly, and that each signer is a registered voter of the City of Fayetteville. At all times during the circulation of this
signature sheet an exact copy of Ordin ce 5703, i eluding its exhibit, was attached.
Signature of Canvasser: Indicate one: Paid Canvasser
Residence of Canvasser:25 W. 22nrt S��,f
�Zfvnhl�770
Voluntcer/UnpaidCanvasser
Subscribed artd swum before me this dad.
f:9 N OFFIRA[.SM
R A
My Co NOTARY Puma.
gqg.
utm} COM�1grott
72703-(479)239-5900
Dopoo
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wovla
�� e
RESOLUTION NO.
A RESOLUTION TO SET THE DATE FOR THE SPECIAL ELECTION FOR
THE--1 ECTION ON ORDINANCE NO. 5703 WHICH --------
ENACTED —
ENACTED CHAPTER 119 OF THE FAYETTEVILLE CODE TO CREATE A
PROCESS FOR THE PROTECTION OF CIVIL RIGHTS IN THE CITY OF
FAYETTEVILLE AND REQUESTING THE WASHINGTON COUNTY
BOARD OF ELECTION COMMISSIONERS TO PLACE THIS
REFERENDUM ON THE BALLOT AND TO APPROVE A BUDGET
ADJUSTMENT TO PAY FOR THE SPECIAL ELECTION
WHEREAS, Fayetteville City Clerk Sondra Smith has diligently verified and counted
the number of Fayetteville Registered Voters who signed referendum petitions calling for a
special referendum election on Ordinance No. 5703; and
WHEREAS, Fayetteville City Clerk Sondra Smith certified on September 26, 2014, that
the referendum petition was sufficient pursuant to Amendment 7 and state law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby orders that
in accord with the certified sufficient referendum petition, a special election called for in such
referendum petition shall be held on December 9, 2014, to determine by vote of the qualified
electors of the City of Fayetteville, Arkansas, whether Ordinance No. 5703 shall be approved or
rejected. If litigation delays the printing of ballots or otherwise necessitates any delay, the
Washington County Election Commission may move the special election date to January 13,
2015.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby requests
that the Washington County Board of Election Commissioners, pursuant to A.C.A. §7-9-117
place Ordinance No. 5703 including its Exhibit A upon the ballot followed by these words:
FOR REFERRED ORDINANCE NO. 5703
AGAINST REFERRED ORDINANCE NO. 5703
Attached as Exhibit "1" is the proposed ballot language for the referendum election.
Section 3. That the City Council. of the City of Fayetteville, Arkansas hereby establishes
the effective date that Ordinance 5703, if approved by voters in the special election will be 40
days after such election.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Budget Adjustment to pay for the costs of this Special Election.
PASSED-anc1 APPRCLVEDLthis Tin day of October, 2014.
APPROVED:
ATTEST:
Page 2
Resolution No.
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Exhibit l
(Proposed Ballot Language For Referendum Election For Fayetteville City Ordinance No. 5703)
ORDINANCE NO.5703
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING
CHAPTER 119 CIVIL RIGHTS ADMINISTRATION TO PROTECT THE
CIVIL RIGHTS OF FAYETTEVILLE CITIZENS AND VISITORS AND TO
CREATE THE POSITION OF CIVIL RIGHTS ADMINISTRATOR FOR THE
CITY OF FAYETTEVILLE
WHEREAS, the City of Fayetteville seeks to protect and safeguard the right and
opportunity of all persons to be free from unfair discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital
status, socioeconomic background, religion, sexual orientation, disability and veteran status; and
WHEREAS, the City of Fayetteville seeks to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and to ensure that all persons within the City
have equal access to employment, housing, and public accommodations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas enacts Chapter 119
Civil Rights Administration as shown on Exhibit "A" attached hereto.
Exhibit A
CHAPTER 119: CIVIL RIGHTS ADMINISTRATION
119.01 Purpose
The purpose of this chapter is to protect and safeguard the right and opportunity of all persons to be free
from discrimination based on real or perceived race, ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status, socioeconomic background, religion, sexual orientation,
disability and veteran status. This chapter's purpose is also to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and to ensure that all persons within the City have equal
access to employment, housing, and public accommodations.
119.02 Definitions
(A) "Business Establishment" means any entity, however organized, which furnishes goods, services or
accommodations to the general public. An otherwise qualifying establishment which has membership
requirements is considered to furnish- services to the general public if its membership requirements
consist only of payment of fees or consist only of requirements under which a substantial portion of the
residents of the city could qualify.
(B) "Civil Rights Administrator" means the person designated by the Mayor to receive, investigate and
conciliate complaints brought under this chapter.
(C) "Disability" or "Disabled" means, with respect to an individual, a physical or mental impairment, a record
w ofsuch an impairment, --or being perceived or regarded-aa-�•sueh-impairment. For purposes of this
chapter, discrimination on the basis of disability means that no covered entity shall discriminate against
a qualified individual with a disability because of that individual's disability. The term "qualified individual
with a disability" shall mean an individual with a disability who, with or without reasonable
accommodation, can perform the essential functions of the employment positions that the individual
holds or desires.
(D) "Discriminate, Discrimination or Discriminatory" means any act, policy or practice that has the effect of
subjecting any person to differential treatment as a result of that person's real or perceived race,
ethnicity, national origin, age (if 18 years of age or older), gender, gender identity, gender expression,
familial status, marital status, socioeconomic background, religion, sexual orientation, disability or
veteran status.
(>_) "Employee" means any individual employed by a covered employer.
(F) "Employee' means any person, business or organization which regularly employs five (5) or more
individuals, not including the employer's parents, spouse or children. For purposes of this chapter an
employer "regularly" employs five (5) individuals when the employer employs five (5) or more individuals
for each working day in any twenty (20) or more calendar weeks in the current or previous calendar
year. For purposes of this chapter an "employee' is also any person or entity acting on behalf of an
employer, directly or indirectly, or any employment agency.
(G) "Familial status" means an individual's status as parent or legal guardian to a child or children below
the age of eighteen (18) who may or may not reside with that individual.
(H) "Genders' means actual or perceived sex-
(1) "Gender Identity" means a person's gender -related identity, whether or not that identity is or is perceived
i6 be different from that traditionally associated with the sex assigned to that individual at birth.
(,i) "Gender Expression" means a person's gender -related appearance and behavior whether or not that
gender expression is or is perceived to be different from that traditionally associated with the person's
assigned sex at birth.
(K) "Marital status" means an individual's status as single, married, domestically partnered, divorced or
widowed-
(L) "Place of public accommodation" means inns, taverns, hotels, motels, restaurants, wholesale outlets,
retail outlets, banks, savings and loan associations, other financial institutions, credit information
bureaus, insurance companies, dispensaries, clinics, hospitals, theaters, recreational parks and
facilities, trailer camps, garages, public halls, and all other establishments within the City which offer
goods, services, accommodations and entertainment to the public. A place of public accommodation
does not include any institution, club or other place of accommodation, which by its nature is distinctly
private.
(M) "Sexual orientation" means actual or perceived heterosexuality, homosexuality or bisexuality.
(N) "Veteran status" means an individual's status as one who served in the active military, .naval or air
service, and who was discharged or released under conditions other than dishonorable.
119.03 Prohibited Acts of Discrimination - Employment
With regard to employment, it shall be unlawful for any employer or labor organization to engage in any of
-- the -following acts wholly or p atefy reason:
(A) To fail to hire, refuse to hire or discharge an individual;
(B) To discriminate against any individual with respect to compensation, terms, conditions or privileges of
employment, including promotion. Nothing in this section shall be construed to require any employer to
provide benefits, such as insurance, to individuals not employed by the employer;
(C) To limit, segregate or classify employees in any way which would deprive or tend to deprive any
employee of employment opportunities, or which would otherwise tend to adversely affect his or her
status as an employee;
(D) To fail or refuse to refer for employment any individual in such a manner that would deprive an individual
of employment opportunities, that would limit an individual's employment opportunities or that would
otherwise adversely affect an individual's status as a prospective employee or as an applicant for
employment;
(E) To discriminate against an individual in admission to, or employment in, any program established to
provide apprenticeship or other job training, including on-the-job training programs;
(f=) To print or publish, or cause to be printed or published, any discriminatory notice or advertisement
relating to employment. This subsection shall not be construed so as to expose the person who prints
or publishes the notice or advertisement, such as a newspaper, to liability;
(G) To discriminate in referring an individual for employment whether the referral is by an employment
agency, labor organization or any other person_
119.04 Prohibited Acts of Discrimination - Housing and Real Estate Transactions
With regard to housing and real estate transactions, which include both sales and leases, it shall be unlawful
to engage in any of the following acts wholly or partially for a discriminatory reason:
(A) To discriminate by impeding, delaying, discouraging or otherwise limiting or restricting any transaction
in real estate;
(B) To discriminate by imposing different terms on a real estate transaction;
(C) To represent falsely that an interest in real estate is not available for transaction;
(D) To include in the terms or conditions of a real estate transaction any discriminatory clause, condition or
restriction;
(E) To discriminate in performing, or refusing to perform, any act necessary to determine an individual's
financial ability to engage in a real estate transaction;
(E) For a property manager to discriminate by refusing to provide equal treatment of, or services to,
occupants of any real estate which he or she manages;
(G) To make, print or publish, or cause to be made, printed or published, any discriminatory notice,
statement or advertisement with respect to a real estate transaction or proposed real estate transaction,
or financing relating thereto. This subsection shall not be construed to prohibit advertising directed to
physically-dlsabVd persons or persons over the age of fifty- five (55) for the purpose of calling to their
attention the existence or absence of housing accommodations or services for the physically disabled
or elderly;
(H) To discriminate in any financial transaction involving real estate on account of the location of the real
estate, be it residential or non-residential ("red -lining");
(1) For a real estate operator, a real estate broker, a real estate salesperson, a financial institution, an
employee of any of these or any other person, for the purposes of inducing a real estate transaction
from which such person may benefit financially, to represent that a change has occurred or will or may
occur in the composition with respect to the race, ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status, socioeconomic background, religion, sexual
orientation, disability or veteran status of the owners or occupants in the block, neighborhood or area
in which the real property is located or to represent that this change will or may result in the lowering of
property values, an increase in criminal or antisocial behavior or a decline in the quality of schools in
the block, neighborhood or area in which the real property is located ("block -busting");
(J) Notwithstanding the provisions of subsections (A) through (1), it shall not be an unlawful discriminatory
practice for an owner to limit occupancy on the basis of a person's low-income, age over fifty-five (55)
years or disability status in accordance with federal or state law;
(K) Notwithstanding the provisions of subsections (A) through (1), it shall not be an unlawful discriminatory
practice for an owner, lessor or renter to refuse to rent, lease or sublease a portion of a single family
dwelling unit to a person as a tenant, roomer or boarder where it is anticipated that the owner, lessor
or renter will be occupying any portion of the single-family dwelling or to refuse to rent, lease or sublease
where it is anticipated that the owner, lessor or renter will be sharing either a kitchen or a bathroom
with the tenant, roomer or boarder.
(L) Notwithstanding any other provision of this chapter, it is not an unlawful discriminatory practice to apply
or enforce the definition of "family" for zoning purposes pursuant to § 151.01 of the Unified Development
Code.
119.05 Prohibited Acts of Discrimination - Business Establishments or Public Accommodations
It shall be unlawful for a business establishment or place of public accommodation for a discriminatory
reason to deny, directly or indirectly, any person the full enjoyment of the goods, services, facilities,
privileges, advantages and accommodations of any business establishment or place of public
accommodation, unless required by state or federal law.
119.06 City Services, Facilities, Transactions and Contracts
(A) The City of Fayetteville and all of its employees are bound by the provisions of this chapter to the
same extent as private individuals and businesses.
(B) All contractors doing business with the City of Fayetteville shall abide by this ordinance.
119.07 General Exceptions
(A) Any practice which has a discriminatory effect and which would otherwise be prohibited by this chapter
shall not be deemed unlawful if it can be established that the practice is not intentionally devised to
contravene the prohibitions of this chapter and there exists no less discriminatory means of satisfying
a business purpose.
(B) This chapter shall not apply to any federal, state or county government office or official, or any public
educational institution within the City.
(C) Unless otherwise prohibited by -taw, nothing coy wined in this chapter shall be construed to prohibit - ---
promotional activities such as senior citizen discounts and other similar practices designed primarily to
encourage participation by a protected group.
(D) It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona
- - — #ide-seeieft-system-or a bona fide employee benefit system such as a retirement, pecasi orinsurance
plan which is not a subterfuge or pretext to evade the purposes of this chapter.
(E) It shall not be an unlawful discriminatory practice for any person to carry out an affirmative action plan
as required by state or federal law, or by court order.
(F) Nothing contained in this chapter shall be deemed to prohibit selection or rejection based solely upon
a bona fide occupational qualification or a bona fide physical requirement. Nothing contained in this
chapter shall be deemed to prohibit a religious or denominational institution from selecting or rejecting
applicants and employees for non -secular positions on the basis of the applicant's or employee's
conformance with the institution's religious or denominational principles. If a party asserts that an
otherwise unlawful practice is justified as a permissible bona fide occupational qualification or a
permissible bona fide physical requirement, that party shall have the burden of proving:
(1) That the discrimination is in fact a necessary result of such a bona fide condition; and
(2) That there exists no less discriminatory means of satisfying the bona fide requirement.
(G) If a party asserts that an otherwise unlawful practice is justified as a permissible bona fide religious or
denominational preference, that party shall have the burden of proving that the discrimination is in fact
a necessary result of such a bona fide condition.
(H) Any age restrictions required by state or federal law or regulations, including for the- sale or delivery of
alcoholic beverages, are not improper age discrimination under this chapter.
(1) Nothing in this Chapter shall be construed to require any religious or denominational institution or
association to open its tax exempt property or place of worship to any individual or group for any
ceremony or meeting, except for any activity or service that is supported in whole or part by public
funds.
(J) Designating a facility as a gender -segregated space shall not be a violation of this chapter. Nothing in
this chapter shall be construed as allowing any person to enter any gender -segregated, space for any
unlawful purpose.
119.08 Posting of Notices
Every employer or entity subject to this chapter shall post and keep posted in a conspicuous location where
business or activity is customarily conducted or negotiated, a notice, the language and form of which has
been prepared by the City of Fayetteville, setting forth excerpts from or summaries of the pertinent
provisions of this chapter and information pertinent to the enforcement of rights hereunder. The notice shall
be in both English and Spanish. If over ten percent of an employer's employees speak, as their native
language, a language other than English or Spanish, notices at that employer's place of business shall be
posted in that language. At the request of the employer or entity, notices required by this section shall be
provided by the City. Notices shall be posted within ten days after receipt from the City.
119.09 Retaliation Prohibited
(A) It is an unlawful discriminatory practice to coerce, threaten, retaliate against, interfere with or
discriminate against a person because that person has opposed any practice made unlawful by this
chapter, has made a non -frivolous charge or complaint, or has testified truthfully, assisted or
participated in an investigation, proceeding or hearing pursuant to this chapter.
(B) It is an unlawful discriminatory practice t,-r-r,-quirc, , that a person or entity retaliate
against, interfere with, intimidate or discriminate against a person because that person has opposed
any practice made unlawful by this chapter, has made a non -frivolous charge or has testified truthfully,
assisted or participated in an investigation, proceeding or hearing authorized under this chapter.
(C) It is an unlawful discriminatory practice to cause or coerce, or attempt to cause or coerce, directly or
indirect;y; any person in order to prevent that person from complying with the provtsio�& this'chapter.
119.10 preservation of Business Records
Where a complaint of discrimination has been filed against a person under this ordinance, such person
shall preserve all records relevant to the complaint until a final disposition of the complaint.
119.11 Administration and Enforcement
(A) The Mayor shall designate the Civil Rights Administrator, who shall administer this chapter and be
responsible for receiving, investigating and conciliating complaints filed under this chapter. To be
considered and administered by the Civil Rights Administrator, complaints must be received in the Civil
Rights Administrator's office no more than six months after the alleged discriminatory action or, in the
case of ongoing alleged discriminatory actions, no more than six months after the most recent incident
of alleged discrimination. The Civil Rights Administrator shall prepare an easy to use complaint form
and make the form easily accessible to the public.
(B) The Civil Rights Administrator should first attempt to eliminate the unlawful practice or practices through
conciliation or mediation. In conciliating a complaint, the administrator should try to achieve a just
resolution and obtain assurances that the respondent will satisfactorily remedy any violation of the
complainant's rights and take action to ensure the elimination of both present and future unlawful
practices in compliance with this chapter. If the Civil Rights Administrator determines that the
complainant is not acting in good faith, the conciliation or mediation may be terminated and the
complaint may be immediately dismissed. If the respondent is not participating in goad . faith, the
complaint may be immediately referred to the City Prosecutors office.
(C) After any attempted conciliation or mediation, the Civil Rights Administrator will refer any unresolved complaint
and complainant as needed to the City Prosecutor's Office for appropriate further action, including prosecution.
(D) The filing of a complaint under this chapter does not preclude any other state or federal remedies that may be
available to a complainant.
FOR REFERRED ORDINANCE NO. 5703
9
AGAINST REFERRED ORDINANCE NO.5703 ❑
9 jf4
RESOLUTION NO.
_..._ A RFSOIUT-ION TO SET THE DATE FOR THE SPECIAL ELECTION F-CL
THE REFERENDUM ELECTION ON ORDINANCE NO. 5703 WHICH
ENACTED CHAPTER 119 OF THE FAYETTEVILLE CODE TO CREATE A
PROCESS FOR THE PROTECTION OF CIVIL RIGHTS IN THE CITY OF
FAYETTEVILLE AND REQUESTING THE WASHINGTON COUNTY
BOARD OF ELECTION COMMISSIONERS TO PLACE THIS
REFERENDUM ON THE BALLOT AND TO APPROVE A BUDGET
ADJUSTMENT TO PAY FOR THE SPECIAL ELECTION
WHEREAS, Fayetteville City Clerk Sondra Smith has diligently verified and counted
the number of Fayetteville Registered Voters who signed referendum petitions calling for a
special referendum election on Ordinance No. 5703; and
WHEREAS, Fayetteville City Clerk Sondra Smith certified on September 26, 2014, that
the referendum petition was sufficient pursuant to Amendment 7 and state law.
NOW, THEREFORE, BE IT RESOLVED .BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby orders that
in accord with the certified sufficient referendum petition, a special election called for in such
referendum petition shall be held on December 9, 2014, to determine by vote of the qualified
electors of the City of Fayetteville, Arkansas, whether Ordinance No. 5703 shall be repealed or
approved. If litigation delays the printing of ballots or otherwise necessitates any delay, the
Washington County Election Commission may move the special election date to January 13,
2015.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby requests
that the Washington County Board of Election Commissioners, pursuant to the request of the
petitioners place as the ballot title "Repeal, in its Entirety, Ordinance No. 5703 which enacted
Chapter 119 of the Fayetteville, Arkansas City Code" and Ordinance No. 5703 including its
Exhibit A upon the ballot followed by these words:
FOR REPEAL OF ORDINANCE NO. 5703
AGAINST REPEAL OF ORDINANCE NO. 5703
Attached as Exhibit "1" is the proposed ballot language for the referendum election.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby establishes
the effective date that Ordinance 5703, if approved by voters in the special election will be 40
days after such election.
Page 2
Resolution No.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Budget Adjustment to pay for the costs of this Special Election.
PASSED and APPROVED this 7"day of October, 2014.
APPROVED:
LIONELD JORDAN, Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
Exhibit 1
-- - - (Proposed Ballot Language For Referendum-Eleeti-on-For Fayetteville City Ordinance No. 5703)
REPEAL IN ITS ENTIRETY, ORDINANCE NO. 5703 WHICH ENACTED
CHAPTER 119 OF THE FAYETTEVILLE, ARKANSAS CITY CODE
ORDINANCE NO. 5703
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING
CHAPTER 119 CIVIL RIGHTS ADMINISTRATION TO PROTECT THE
CIVIL RIGHTS OF FAYETTEVILLE CITIZENS AND VISITORS AND TO
CREATE THE POSITION OF CIVIL RIGHTS ADMINISTRATOR FOR THE
CITY OF FAYETTEVILLE
WHEREAS, the City of Fayetteville seeks to protect and safeguard the right and
opportunity of all persons to be free from unfair discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital
status, socioeconomic background, religion, sexual orientation, disability and veteran status; and
WHEREAS, the City of Fayetteville seeks to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and to ensure that all persons within the City
have equal access to employment, housing, and public accommodations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas enacts Chapter 119
Civil Rights Administration as shown on Exhibit "A" attached hereto.
Exhibit A
CHAPTER 119: CIVIL RIGHTS ADMINISTRATION
119.01 Purpose
The purpose of this chapter is to protect and safeguard the right and opportunity of all persons to be free
from discrimination based on real or perceived race, ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status, socioeconomic background, religion, sexual orientation,
disability and veteran status. This chapter's purpose is also to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and to ensure that all persons within the City have equal
access to employment, housing, and public accommodations.
119.02 Definitions
(A) "Business Establishment' means any entity, however organized, which furnishes goods, services or
accommodations to the general public. An otherwise qualifying establishment which has membership
requirements is considered to furnish services to the general public if its membership requirements
consist only of payment of fees or consist only of requirements under which a substantial portion of the
residents of the city could qualify.
(13) "Civil Rights Administrator" means the person designated by the Mayor to receive, investigate and
conciliate complaints brought under this chapter-
(C) "Disability" or "Disabled" means, with respect to an individual, a physical or mental impairment, a record
of such an impairment, or being perceived or regarded as having such impairment. For purposes of this
chapter, discrimination on the basis of disability means that no covered entity shall discriminate against
a qualified individual with a disability because of that individual's disability. The term "qualified individual
with a disability shall mean an individual with a disability who, with or without reasonable
accommodation, can perform the essential functions of the employment positions that the individual
holds or desires.
(D) "Discriminate, Discrimination or Discriminatory" means any act, policy or practice that has the effect of
subjecting any person to differential treatment as a result of that person's real or perceived race,
ethnicity, national origin, age (if 18 years of age or older), gender, gender identity, gender expression,
familial status, marital status, socioeconomic background, religion, sexual orientation, disability or
veteran status.
(E) "Employee" means any individual employed by a covered employer.
(F) "Employer" means any person, business or organization which regularly employs five (5) or more
individuals, not including the employer's parents, spouse or children. For purposes of this chapter an
employer "regularly" employs five (5) individuals when the employer employs five (5) or more individuals
for each working day in any twenty (20) or more calendar weeks in the current or previous calendar
year. For purposes of this chapter an "employer" is also any person or entity acting on behalf of an
employer, directly or indirectly, or any employment agency.
(G) "Familial status" means an individual's status as parent or legal guardian to a child or children below
the age of eighteen (18) who may or may not reside with that individual.
(H) "Gender" means actual or perceived sex.
(1) "Gender Identity" means a person's gender -related identity, whether or not that identity is or is perceived
to be different from that traditionally associated with the sex assigned to that individual at birth.
(J) "Gender Expression" means a person's gender -related appearance and behavior whether or not that
gender expression is or is perceived to be different from that traditionally associated with the person's
assigned sex at birth.
(K) "Marital status" means an individual's status as single, married, domestically partnered, divorced or
widowed.
(L) "Place of public accommodation" means inns, taverns, hotels, motels, restaurants, wholesale outlets,
retail outlets, banks, savings and loan associations, other financial institutions, credit information
bureaus, insurance companies, dispensaries, clinics, hospitals, theaters, recreational parks and
facilities, trailer camps, garages, public halls, and all other establishments within the City which offer
goods, services, accommodations and entertainment to the public. A place of public accommodation
does not include any institution, club or other place of accommodation, which by its nature is distinctly
private.
(M) "Sexual orientation" means actual or perceived heterosexuality, homosexuality or bisexuality.
(N) "Veteran status" means an individual's status as one who served in the active military, naval or air
service, and who was discharged or released under conditions other than dishonorable.
119.03 Prohibited Acts of Discrimination - Employment
With regard to employment, it shall be unlawful for any employer or labor organization to engage in any of
the following acts wholly or partially for a discriminatory reason:
(A) To fail to hire, refuse to hire or discharge an individual;
(B) To discriminate against any individual with respect to compensation, terms, conditions or privileges of
employment, including promotion. Nothing in this section shall be construed to require any employer to
provide benefits, such as insurance, to individuals not employed by the employer;
(C) To limit, segregate or classify employees in any way which would deprive or tend to deprive any
employee of employment opportunities, or which would otherwise tend to adversely affect his or her
status as an employee;
(D) To fail or refuse to refer for employment any individual in such a manner that would deprive an individual
of employment opportunities, that would limit an individual's employment opportunities or that would
otherwise adversely affect an individual's status as a prospective employee or as an applicant for
employment;
(E) To discriminate against an individual in admission to, or employment in, any program established to
provide apprenticeship or other job training, including on-the-job training programs;
(F) To print or publish, or cause to be printed or published, any discriminatory notice or advertisement
relating to ,employment. This subsection shall not be construed so as to expose the person who prints
or publishes the notice or advertisement, such as a newspaper, to liability;
(G) To discriminate in referring an individual for employment whether the referral is by an employment
agency, labor organization or any other person.
119.04 Prohibited Acts of Discrimination - Housing and Real Estate Transactions
With regard to housing and real estate transactions, which include both sales and leases, it shall be unlawful
to engage in any of the following acts wholly or partially for a discriminatory reason:
(A) To discriminate by impeding, delaying, discouraging or otherwise limiting or restricting any transaction
in real estate;
(B) To discriminate by imposing different terms on a real estate transaction;
(C) To represent falsely that an interest in real estate is not available for transaction;
(D) To include in the terms or conditions of a real estate transaction any discriminatory clause, condition or
restriction;
(E) To discriminate in performing, or refusing to perform, any act necessary to determine an individual's
financial ability to engage in a real estate transaction;
(F) For a property manager to discriminate by refusing to provide equal treatment of, or services to,
occupants of any real estate which he or she manages;
(G) To make, print or publish, or cause to be made, printed or published, any discriminatory notice,
statement or advertisement with respect to a real estate transaction or proposed real estate transaction,
or financing relating thereto. This subsection shall not be construed to prohibit advertising directed to
physically disabled persons or persons over the age of fifty- five (55) for the purpose of calling to their
attention the existence or absence of housing accommodations or services for the physically disabled
or elderly;
(H) To discriminate in any financial transaction involving real estate on account of the location of the real
estate, be it residential or non-residential ("red -lining");
(1) For a real estate operator, a real estate broker, a real estate salesperson, a financial institution, an
employee of any of these or any other person, for the purposes of inducing a real estate transaction
from which such person may benefit financially, to represent that a change has occurred or will or may
occur in the composition with respect to the race, ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status, socioeconomic background, religion, sexual
orientation, disability or veteran status of the owners or occupants in the block, neighborhood or area
in which the real property is located or to represent that this change will or may result in the lowering of
property values, an increase in criminal or antisocial behavior or a decline in the quality of schools in
the block, neighborhood or area in which the real property is located ("block -busting");
(J) Notwithstanding the provisions of subsections (A) through (1), it shall not be an unlawful discriminatory
practice for an owner to limit occupancy on the basis of a person's low-income, age over fifty-five (55)
years or disability status in accordance with federal or state law;
. ..
(K) Notwithstanding the provisions of subsections (A) through (1), it shall not be an unlawful discriminatory
practice for an owner, lessor or renter to refuse to rent, lease or sublease a portion of a single family
dwelling unit to a person as a tenant, roomer or boarder where it is anticipated that the owner, lessor
or renter will be occupying any portion of the single-family dwelling or to refuse to rent, lease or sublease
where it is anticipated that the owner, lessor or renter will be sharing either a kitchen or a bathroom
with the tenant, roomer or boarder.
(I,) Notwithstanding any other provision of this chapter, it is not an unlawful discriminatory practice to apply
or enforce the definition of "family" for zoning purposes pursuant to § 151.01 of the Unified Development
Code.
119.05 Prohibited Acts of Discrimination - Business Establishments or Public Accommodations
It shall be unlawful for a business establishment or place of public accommodation for a discriminatory
reason to deny, directly or indirectly, any person the full enjoyment of the goods, services, facilities,
privileges, advantages and accommodations of any business establishment or place of public
accommodation, unless required by state or federal law.
119.06 City Services, Facilities, Transactions and Contracts
(A) The City of Fayetteville and all of its employees are bound by the provisions of this chapter to the
same extent as private individuals and businesses.
(B) All contractors doing business with the City of Fayetteville shall abide by this ordinance.
119.07 General Exceptions
(A) Any practice which has a discriminatory effect and which would otherwise be prohibited by this chapter
shall not be deemed unlawful if it can be established that the practice is not intentionally devised to
contravene the prohibitions of this chapter and there exists no less discriminatory means of satisfying
a business purpose.
(B) This chapter shall not apply to any federal, state or county government office or official, or any public
educational institution within the City.
(C) Unless otherwise prohibited by law, nothing contained in this chapter shall be construed to prohibit
promotional activities such as senior citizen discounts and other similar practices designed primarily to
encourage participation by a protected group.
(D) It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona
fide seniority system or a bona fide employee benefit system such as a retirement, pension or insurance
plan which is not a subterfuge or pretext to evade the purposes of this chapter.
(E) It shall not be an unlawful discriminatory practice for any person to carry out an affirmative action plan
as required by state or federal law, or by court order.
(F) Nothing contained in this chapter shall be deemed to prohibit selection or rejection based solely upon
a bona fide occupational qualification or a bona fide physical requirement. Nothing contained in this
chapter shall be deemed to prohibit a religious or denominational institution from selecting or rejecting
applicants and employees for non -secular positions on the basis of the applicant's or employee's
conformance with the institution's religious or denominational principles. If a party asserts that an
otherwise unlawful practice is justified as a permissible bona fide occupational qualification or a
permissible bona fide physical requirement, that party shall have the burden of proving:
(1) That the discrimination is in fact a necessary result of such a bona fide condition; and
(2) That there exists no less discriminatory means of satisfying the bona fide requirement.
(G) If a party asserts that an otherwise unlawful practice is justified as a permissible bona fide religious or
denominational preference, that party shall have the burden of proving that the discrimination is in fact
a necessary result of such a bona fide condition.
(H) Any age restrictions required by state or federal law or regulations, including for the sale or delivery of
alcoholic beverages, are not improper age discrimination under this chapter.
(1) Nothing in this Chapter shall be construed to require any religious or denominational institution or
association to open its tax exempt property or place of worship to any individual or group for any
ceremony or meeting, except for any activity or service that is supported in whole or part by public
funds.
(J) Designating a facility as a gender -segregated space shall not be a violation of this chapter_ Nothing in
this chapter shall be construed as allowing any person to enter any gender -segregated space for any
unlawful purpose.
119.08 Posting of Notices
Every employer or entity subject to this chapter shall post and keep posted in a conspicuous location where
business or activity is customarily conducted or negotiated, a notice, the language and form of which has
been prepared by the City of Fayetteville, setting forth excerpts from or summaries of the pertinent
provisions of this chapter and information pertinent to the enforcement of rights hereunder. The notice shall
be in both English and Spanish. If over ten percent of an employer's employees speak, as their native
language, a language other than English or Spanish, notices at that employer's place of business shall be
posted in that language. At the request of the employer or entity, notices required by this section shall be
provided by the City. Notices shall be posted within ten days after receipt from the City.
119.09 Retaliation Prohibited
(A) It is an unlawful discriminatory practice to coerce, threaten, retaliate against, interfere with or
discriminate against a person because that person has opposed any practice made unlawful by this
chapter, has made a non -frivolous charge or complaint, or has testified truthfully, assisted or
participated in an investigation, proceeding or hearing pursuant to this chapter.
(B) It is an unlawful discriminatory practice to require, request or suggest that a person or entity retaliate
against, interfere with, intimidate or discriminate against a person because that person has opposed
any practice made unlawful by this chapter, has made a non -frivolous charge or has testified truthfully,
assisted or participated in an investigation, proceeding or hearing authorized under this chapter.
-{roman- unlawful discriminatory practice to cause or coerce, or attempt to, cause. orr-r-oer-ce, directly or
indirectly, any person in order to prevent that person from complying with the provisions of this chapter.
119.10 Preservation of Business Records
Where a complaint of discrimination has been filed against a person under this ordinance, such person
shall preserve all records relevant to the complaint until a final disposition of the complaint.
119.11 Administration and Enforcement
(A) The Mayor shall designate the Civil Rights Administrator, who shall administer this chapter and be
responsible for receiving, investigating and conciliating complaints filed under this chapter. To be
considered and administered by the Civil Rights Administrator, complaints must be received in the Civil
Rights Administrator's office no more than six months after the alleged discriminatory action or, in the
case of ongoing alleged discriminatory actions, no more than six months after the most recent incident
of alleged discrimination. The Civil Rights Administrator shall prepare an easy to use complaint form
and make the form easily accessible to the public.
(13) The Civil Rights Administrator should first attempt to eliminate the unlawful practice or practices through
conciliation or mediation. In conciliating a complaint, the administrator should try to achieve a just
resolution and obtain assurances that the respondent will satisfactorily remedy any violation of the
complainant's rights and take action to ensure the elimination of both present and future unlawful
practices in compliance with this chapter. If the Civil Rights Administrator determines that the
complainant is not acting in good faith, the conciliation or mediation may be terminated and the
complaint may be immediately dismissed. If the respondent is not participating in good faith, the
complaint may be immediately referred to the City Prosecutor's office.
(C) After any attempted conciliation or mediation, the Civil Rights Administrator will refer any unresolved complaint
and complainant as needed to the City Prosecutor's Office for appropriate further action, including prosecution.
(D) The filing of a complaint under this chapter does not preclude any other state or federal remedies that may be
available to a complainant.
FOR REPEAL OF ORDINANCE NO. 5703
AGAINST REPEAL OF ORDINANCE NO. 5 703
CiityClerk
From: David Williams <d3wilIiams@sbcglobal.net>
Sent: Tuesday, October 07, 2014 2:54 PM
To: CityClerk
Subject: Civil Rights ballot language.
Categories:
Forwarded, Responded
Due to another commitment, we will not be able to attend the City Council meeting tonight. We were
just informed that our City Council will be deciding the ballot language for the forthcoming election
regarding our civil rights ordinance, so please accept this as our input to your decision -making.
We believe it is in the voting public's best interest that the language be as clear and direct as
possible. From our point of view, that means that a "Yes" vote to support the ordinance and keep the
law would be the clearest way to word the ballot. That way, those for the ordinance can vote their
"yes"consistent with their support for it and those opposed can vote their "no" consistent with their
opposition to it.
Thank you for considering this.
David L. and Pattie C. Williams
547
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MEMORANDUM
TO: Keep Fayetteville Fair Committee
FROM: Jeff Priebe and Deb Riordan
RE: BALLOT LANGUAGE
In approving Amendment 7 to the Arkansas Constitution, the People of the State of
Arkansas specifically reserved to themselves the power to vote on local ordinances. In order to
ensure that the process is fair, the Constitution and the State laws that address this process,
require that the Petition and Ballot Title be: full, fair, and not confusing. In fact, Amendment 7
mandates that "At the time of filing petitions the exact title to be used on the ballot shall by the
petitioners be submitted with the petition... on county and municipal measures such title shall
be submitted to the county election board and shall by said board be placed upon the ballot in
such county or municipal election."
In this case, the Petitioners have circulated petitions that were facially deficient and
petitions that failed to fully disclose the entire title and text of Ordinance No. 5703 as required
by Arkansas Code Annotate §§ 7-9-105 and -106. Given the failures to fully comply with the
basic requirements for a referendum petition, the City Council is now placed in a difficult
position. The City Council must decide how to put forth to the citizens of Fayetteville a
proposed ballot title and ballot language that is clearly confusing and fails to comply with
Arkansas law.
Fortunately, Arkansas law provides cities with the power and duty to control the
referendum and ballot process and ballot titles. See Ark. Code Ann. § 7-11-204. In order to
achieve the purposes of Amendment 7, cities should strive to keep the ballot title as fair and
straightforward as possible. In addition, voters should not be confused as to the meaning of a
"for" or "against" vote. See Ark. Code Ann. § 7-9-107(c) In this situation, given the deficiencies
in the petitions, the City Council should strive to meet the purpose of Amendment 7 and follow
the guidelines set forth for counties contained in Arkansas Code Annotated § 14-14-917, and
allow the citizens of Fayetteville to vote on the following:1
FOR REFERRED ORDINANCE NO. 5703
AGAINST REFERRED ORDINANCE NO. 5703
1 This is consistent with the September 30 memorandum authored by Mr. Kit Williams.