Chapter 3.30 ADMINISTRATIVE ORGANIZATION
Section 3.30.138 Department of Human Relations.
(A) Purpose and public policy. It
is the purpose of this chapter and the public policy of the
(1) Promote, through reasonable means
and methods, equality of opportunity without regard
to race, religion, color, sex, national origin, or handicap.
(2) Protect persons from unfounded
charges of discriminatory practices and to protect persons
against the filing and investigation of duplicate charges of discrimination.
(3) The chapter shall be construed
broadly so as to effectuate its purpose and the policy of the
(B) Definitions. For the purpose of
this subchapter, the following definitions shall apply
unless the context indicates or requires a different meaning.
(1) "PERSON." One or more
individuals, partnerships, associations, organizations, labor
organizations, corporations, cooperatives, legal representatives, trustees in bankruptcy, trustees,
receivers, governmental agencies and departments, including but not limited to the city, and any
of its departments and other organized groups, provided, however, that with regard to complaints
concerning employment, "PERSON" shall mean employers of six or more employees.
(2) "COMMISSION." The Human
Relations Commission which is created pursuant to this
(3) "DIRECTOR." The Director
of the Commission.
(4) "CHAIRMAN." The Chairman
of the Commission.
(5) "COMMISSION ATTORNEY."
The City Attorney, or such assistants of the City
Attorney as may be assigned to the Commission.
(6) "COMPLAINT." A written
grievance filed by the Director of the Commission, or by a
complainant, which meets all of the requirements of this subchapter.
(7) "COMPLAINANT." The person
who signs a complaint on his own behalf, alleging that
he has been aggrieved by a discriminatory practice.
(8) "RESPONDENT." One or
more persons against whom a complaint is filed under this
subchapter and who the complainant alleges has committed or is committing a discriminatory
(9) "DISCRIMINATORY PRACTICE."
Any one or more of the following committed within
the jurisdiction of the Commission.
(a) The exclusion from or the difference
in treatment or the failure to grant to any person
equal opportunities by reason of race, religion, color, sex, national origin, ancestry, or handicap,
1. It shall not be discriminatory
practice to maintain separate restrooms or dressing rooms for
men and women.
2. It shall not be a discriminatory
practice for any employer to hire employees or for an
employment agency to classify or refer for employment any individual on the basis of sex,
religion, national origin, handicap, or ancestry, in those certain instances where sex, religion,
national origin, handicap, or ancestry is a bona fide occupational requirement, reasonably
necessary for the normal operation of that particular business or enterprise.
(b) The exclusion from or the difference
in treatment of, or the failure to grant to any person
equal opportunities in the sale, rental, or financing of housing or other real property in any manner
whatsoever, including but not limited to the following acts:
1. To refuse to sell or rent after
the making of a bona fide offer, or to refuse to negotiate for
the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of
race, color, religion, sex, national origin, or handicap.
2. To discriminate against any person
in the terms, conditions, or privileges of sale or rental of
a dwelling, or in the provision of services or facilities in connection therewith, because of race,
color, religion, sex, national origin, or handicap.
3. To make, print, or publish, or
cause to be made, printed, or published any notice, statement,
or advertisement, with respect to the sale or rental of a dwelling that indicates any preference,
limitation, or discrimination or to intend to make any such preference, limitation, or
discrimination based on race, color, religion, sex, national origin, or handicap.
4. For profit, to induce or attempt
to induce any person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the neighborhood of a person or
persons of a particular race, color, religion, sex, national origin, or handicap.
5. With regard to any person whose
business consists in whole or in part in the appraising of
property or the making of real estate loans, to deny a loan or other financial assistance to an
applicant therefor, or to discriminate against such applicant therefor, or to discriminate against
such applicant in the fixing of amount, interest rate, duration, or other terms or conditions of such
loan or other financial assistance, or to make a lower appraisal valuation because of the race, sex,
color, religion, national origin or handicap of such applicant, or of any person connected with
such applicant in connection with such loan or other financial assistance or the purposes of such
loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or
occupants of the dwelling or dwellings in relation to which such loan or other financial assistance
is to be made or given; or because of the presence or absence or the prospective presence or
absence within a neighborhood of concentrations of persons of a particular race, sex, handicap,
color, religion or national origin.
(c) The exclusion from, the difference
in treatment of, or the failure to grant to any person
equal opportunities because that person did one or more of the following:
1. Filed a complaint alleging the
violation of this subchapter.
2. Testified in a hearing before the
Commission in the performance of its duties and functions
under this subchapter.
3. Requested assistance from the Commission
in connection with any alleged discriminatory
practice, whether or not such discriminatory practice would be a violation of this subchapter.
(10) "AFFIRMATIVE ACTION AGREE-MENTS."
Voluntary written agreements entered
into by persons and the Commission for the correction of discriminatory practices.
(11) "HE" and "HIS."
Shall refer to both sexes and shall not be construed to limit the
eligibility for any position to males.
(C) Prohibitive clauses.
(1) No person shall engage in a discriminatory
(2) No person shall violate the terms
of an affirmative action agreement to which he is a party.
(3) No person shall violate orders
of the Commission.
(D) Director. The Mayor shall appoint
a Director who shall assist the Commission in
implementing, administering, and enforcing the provisions of this subchapter. The Director shall
serve at the pleasure of the Mayor, and shall report to the Director of the Division of Human
(1) There is hereby created a Commission
to be known as the Human Relations Commission.
For the first two years (January 1, 2000 through December 31, 2001), the Commission shall
consist of thirteen (13) members who shall be residents of Vanderburgh County, and who shall be
broadly representative of the community. The Mayor shall appoint eight members, the City
Council shall appoint two (2) members, the County Commissioners shall appoint two (2)
members, and the county Council shall appoint one (1) member.
Beginning January 1, 2002, the Commission shall consist of
eleven (11) members with the
Mayor appointing six (6) members, the City Council two (2) members, the County
Commissioners two (2) members, and the County Council one (1) member.
Members of the Commission shall serve at the pleasure of
the appointing authority.
(2) All appointments shall be for
terms of two (2) years beginning January 1. Any member of
the Commission whose term has expired may continue in office until the member s successor has
been appointed by the appointing authority. A member of the Commission may be re-appointed to
successive terms of office.
(3) Commissioners may be compensated
pursuant to the annual operating budget of the city,
as adopted by the Common Council of the city.
(4) The Commission shall hold meetings
at regular intervals but not less frequently than once
each month. The majority of the members of the Commission shall constitute a quorum for the
transaction of business. Notice of meetings shall be given pursuant to law.
(F) Jurisdiction. This subchapter
shall apply within the territorial jurisdiction of the city.
(G) General powers and duties of the
Commission. The Commission shall have the following
powers and duties.
(1) To establish and maintain a permanent
office in the city.
(2) To establish such subcommittees
and advisory committees as in its judgment will aid the
Commission in effectuating the purposes of this subchapter.
(3) To elect at an annual meeting
from the membership a Chairman, two Vice-Chairmen, and
a Secretary who shall occupy such offices for a term of one year from the date of the election, or
until a successor has been elected.
(4) To appoint such agents, staff,
and employees as the Commission shall deem necessary and
appropriate to carry out its duties and the provisions of this subchapter, all within the limitation
its approved budget.
(5) To distribute information as in
its judgment will tend to minimize or eliminate
discrimination. However, the Commission shall not have the power to disclose confidential
(6) To receive a complaint or complaints
of alleged discriminatory practice or practices.
(7) To formulate policies designed
to effectuate the purposes of this subchapter and to make
recommendations to any agency or agencies or officer or officers of the city, as the Commission
shall deem appropriate to implement such policies. To advise and cooperate with any agency or
agencies, officer or officers of the city in relation to problems contemplated within the scope of
this subchapter and to make recommendations for the improvement of relationships within the
community for the education and training of employees of the city, relative to the improvement of
the relationships within the community.
(8) To assist governmental and private
agencies, groups, and individuals in reducing
community tensions and preventing conflicts between persons of different sexes and between
persons of different racial, ethnic, and religious groups.
(9) To discourage persons from engaging
in discriminatory practices through informal
methods of persuasion or conciliation and through programs of public information and education.
(10) To furnish technical assistance
upon request in order to assist persons in eliminating
discriminatory practices and in implementing the policy and purposes of the State Civil Rights
Act (IC 22-9-1-1 et seq.)
(11) To make such general investigations,
studies, and surveys as the Commission shall deem
necessary for the performance of its duties.
(12) To adopt, promulgate, amend,
and rescind rules and regulations, not inconsistent with the
provisions or intent and purposes of this subchapter as the Commission shall deem necessary or
appropriate to effectuate the purpose of this subchapter and to make more specific the procedure
deemed necessary for orderly and equitable disposition of complaints. The rules and regulations,
other than regulations relating to personnel, shall be adopted only after public notice and hearing
thereon. The Commission shall cause such rules or regulations to be printed in such manner as to
be readily available to the public. The Commission shall file the original copy and one duplicate
with the City Clerk. Rules and regulations shall be effective as of the date and time of filing the
original approved copy with the City Clerk.
(13) To prepare and submit at least
annually, a report of its activities to the appointing
authorities and to the public which shall describe in general the investigations and proceedings
conducted by the Commission and the outcome thereof and the progress and achievements of the
Commission toward elimination of discriminatory practices. However, the report shall not
disclose information made confidential by the provisions of this subchapter.
(14) To receive any complaint referred
to the Commission by the State Civil Rights
Commission pursuant to IC 22-9-1-12.1 of the State Civil Rights Act and to take such action with
respect to any such complaint as is authorized or required in the case complaint filed under this
(15) To cooperate with the State Civil
Rights Commission and any federal, state, or local
agencies, and with private organizations, individuals, and neighborhood associations in order to
effectuate the purposes of this subchapter and to further comply with federal, state, and local laws
and ordinances prohibiting discriminatory practices.
(16) To investigate, conciliate, and
hear complaints, and when a complaint has been filed, if
necessary, to obtain a subpoena to compel the attendance of witnesses or production of pertinent
documents and records relative to the complaint. To administer oaths, examine witnesses, appoint
hearing examiners or panels, make written findings of fact and recommendations, and institute
actions for appropriate legal or equitable relief in the appropriate court, provided that no person
who initiates a complaint shall participate as a member of the Commission in the hearing or
disposition of the complaint. The Commission shall make application to the appropriate court for
the issuance of subpoenas to compel the attendance of witnesses or the production of pertinent
documents and records relative to a filed complaint.
(17) To exercise such additional powers
and functions as may be delegated to the
Commission by law.
(18) To hold public meetings and hearings
on any and all matters and problems relating to the
purposes of this subchapter and the responsibilities of the Commission.
(19) To enter into affirmative action
agreements to correct discriminatory practices.
(20) However, the Commission shall
not have the power to hear any complaint or investigate
any matter which involves the discipline or performance of duties of a city, county, or state police
officer; nor shall the Commission exercise any power delegated to the Merit Commission of the
City Police Division.
(H) Complaint procedure.
(1) A complaint charging that any
person has committed a discriminatory practice may be
filed with the Commission at its office by:
(a) Any person claiming to be aggrieved
by a discriminatory practice.
(b) By the Director who believes that
a discriminatory practice has occurred.
(2) The complaint shall be accepted
by Commission if:
(a) It is verified;
(b) It states the full names and addresses
of the complainant and of the person aggrieved by
the alleged discriminatory practice;
(c) It states the full name and address
of the respondent;
(d) It states the alleged discriminatory
(e) It states the acts or omissions
of the respondent alleged to constitute the discriminatory
(f) It states the date of the alleged
(g) It shall include a statement listing
all other known actions, civil or criminal, instituted
before any other administrative agency, commission, department, or court, whether state or
federal, based upon the same grievance alleged in the complaint, with a statement as to the known
status or disposition of the other action.
(3) The complaint may be amended by
the complainant at any time prior to the notice of the
hearing. The complaint may be withdrawn at any time. Notice of the amendment or withdrawal
shall be given to the respondent.
(4) The complaint must be filed within
90 days after the date of the alleged discriminatory
(5) The Commission may, prior to scheduling
any complaint for hearing as provided, refer
any complaint to the State Civil Rights Commission for proceedings in accordance with the State
Civil Rights Act (IC 22-9-1-1 et seq.). The Director shall cause a copy of the complaint to be
mailed by certified or registered mail to the respondent at his last known residential address or his
last known place of employment within five days from the date of filing of the complaint.
Respondent may file a written response to the complaint at any time prior to the commencement
of the hearing.
(6) All action taken, and information
relative to a specific complaint obtained by the
Commission from the time of the filing of a complaint until the issuance of notice or hearing or
until application for a citation of contempt, shall be confidential, and shall not be made public.
(7) Nothing said or done during endeavors
at conciliation shall be used as evidence in any
subsequent proceedings. Nothing stated in any conciliation or affirmative action agreement shall
be interpreted as an admission by any provisions of this subchapter.
(I) Investigation procedure. Within
20 days after receipt of a complaint with the Commission,
the Director shall initiate an investigation of the alleged discriminatory practice charged in the
complaint. The investigation shall be made by staff members of the Commission and may include
but shall not be limited to informal conferences or discussions with any party allegedly involved
in or familiar with the alleged discriminatory practice or practices. The investigation report shall
be written. A copy of the investigation report shall be sent to the complainant and if the Director
(1) That the complaint should not
be heard, the Chairman shall issue and cause to be served
upon the complainant and respondent by certified or registered mail notice of the Director s
findings and a declaration that it is the intention of the Director to have the complaint dismissed.
The complainant shall have ten days after the mailing of the notice to notify the Commission of
his request to have the decision of the Director reviewed. Upon receipt of the request, the
Chairman shall, within ten days, appoint a Reviewing Commissioner who shall review the
complainant s request and shall within 30 days determine whether the complaint should be heard
by the Commission.
(2) If the Reviewing Commissioner
does determine that the complaint should be heard, then
the Chairman shall proceed as in division (H).
(3) If the Reviewing Commissioner
determines that the complaint should not be heard, the
Chairman shall issue and cause to be served upon the complainant and respondent by certified or
registered mail at the address of the complainant and respondent set forth in the complaint, notice
of the Reviewing Commissioner s findings and a declaration that the complaint is dismissed.
(J) Conciliation procedure.
(1) After the Director or the Reviewing
Commissioner has determined that the complaint
should be heard, then the Chairman shall instruct the Director or his staff to endeavor to eliminate
the alleged discriminatory practice or practices by conference, conciliation, and persuasion. Any
agreement resulting from this conference, conciliation, or persuasion shall be written. In the event
an agreement is entered into, all further proceedings relative to the alleged discriminatory practice
as to any respondent who entered into such an agreement shall immediately terminate and be
(2) The terms of any agreement shall
be made a part of the records of the Commission.
However, if parties to the agreement request that the agreement be confidential, the agreement
shall be confidential. The Commission may institute legal proceedings to enforce the agreement
as provided in this subchapter.
(K) Hearings, findings, and decisions.
(1) In the event either the Executive
Director or the Reviewing Commissioner finds that a
complaint should be heard, an adversary public hearing of the issues raised in the complaint shall
be held. For purposes of a hearing under this division, not less than five Commissioners shall be
required at every such hearing. The Chairman or a Vice-Chairman from the Commission shall
preside over the hearing.
(2) The Chairman shall cause to be
served upon the respondent and the complainant, by
certified mail or registered mail, written notice of the time, date, and place of the hearing as
required by IC 5-3-1-1 et seq.
(3) The parties may appear at the
hearing in person and by counsel. Testimony at the hearing
shall be made under oath and recorded. The hearing shall be conducted in a manner fairly
calculated to provide a full hearing of the evidence and to allow the Commission to reach a
(4) The burden of proof shall be on
complainant to prove his case by a preponderance of the
(5) The complainant and the respondent
shall be parties to the proceedings held pursuant to
this division. Any person who is indispensable to a complete determination or settlement of
matters raised in the complaint may be joined as a party upon motion of any party.
(6) The parties shall be permitted
to call such witnesses, and to offer such evidence and
exhibits as are relevant and material to the issues raised in the complaint.
(7) Parties desiring a transcript
of the hearing shall be furnished such a copy at their own
(L) Orders of the Commission.
(1) Findings and orders of the Commission
upon hearing conducted pursuant to this section
shall be by majority vote of the Commissioners before whom the hearing is conducted.
(2) If, from a preponderance of the
evidence, the Commission finds that the respondent has
not violated the provisions of this subchapter, it shall state its findings and serve written copy
thereof upon the parties and dismiss the complaint.
(3) If, from a preponderance of the
evidence, the Commission finds that the respondent has
violated the provisions of this subchapter, the Commission shall issue its findings and orders in
writing and cause a copy to be served on the parties by certified or registered mail.
(4) Orders of the Commission entered
pursuant to this section may include any or all of the
following provisions, and the authority to order and require the following actions is hereby
granted to the Commission:
(a) That the respondent cease and
desist from the discriminatory practice.
(b) That the respondent compensate
the complainant pursuant to statute.
(M) Judicial review. Judicial review
of any order entered by the Commission shall be
available as provided by law.
(N) Violations. Penalties. Violations
of the provisions of this subchapter may be enforced
pursuant to Sections 1.10.17 and 1.10.99, or as otherwise provided by statute.
(O) City contracts. Every contract
to which the city or any of its political or civil subdivisions
is a party shall contain a provision preventing the contractor and his subcontractors from
discrimination against any employee or applicant for employment in the performance of the
contract with respect to hiring, tenure, terms, conditions, or privileges of employment or any
matter directly or indirectly related to employment because of race, religion, handicap, sex,
national origin, or ancestry of the employee or applicant.
(P) Provisions against preferential
treatment. Nothing in this subchapter shall be interpreted to
require any person to grant preferential treatment to any individual or any group because of the
race, color, religion, sex, national origin, or ancestry of the individual or group on account of an
imbalance which may exist with respect to the total number or percentage of persons of any race,
color, religion, handicap, sex, national origin, or ancestry employed by any employer, referred or
classified for employment by any employment agency or labor organization, admitted to
membership or classified by any labor organization, or admitted to, or employed in any
apprenticeship or other training program, in comparison with the total number or percentage of
persons of that race, color, religion, handicap, sex, national origin, or ancestry in the city, or in
contiguous area, or in the available work force.
(Ord. G-81-53, passed 12-14-81; Am. Ord. G-83-26, passed 7-25-83; Am. Ord. G-85-14,
4-8-85; Am. Ord. G-88-14, passed 7-13-88) ( 82 Code, § 30.138) (Ord. G-2000-1, passed 2-14-2000)