(a) Statement of Intent.
(1) It is the intent of Golf Manor to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination, including discrimination based on one's membership in a Protected Class such as age, race, color, religion, ethnicity, national origin, ancestry, disability, marital status, family status, military status, sex, gender identity or expression, or sexual orientation ("Protected Class"). The purpose of this chapter is to promote the public health and welfare of all persons who live in, work in, or visit the Village.
(2) It is the intent by this chapter to assure equal access to employment, housing, and public accommodations in the Village. The denial of these rights to persons in a Protected Class is contrary to the principles of freedom and equality of opportunity and is destructive to a free and democratic society.
(b) Definitions. All words utilized in this chapter shall be ascribed their ordinary meaning unless otherwise defined herein.
Additionally, the following specific terms are hereby defined:
(1) “Commercial purpose or commercial activity” is that purpose or activity open to a broader secular market other than members, families of members, or coreligionists of the religious or denominational corporation, institution, association or organization.
(2) "Discriminate, discrimination or discriminatory" means any act, policy or practice that, regardless of intent, has the effect of subjecting any person to differential treatment as a result of that person's race, color, creed, religion, national origin, ancestry, disability, marital status, gender, gender identity or expression, sexual orientation, or physical characteristic.
(3) "Employer" means any person who employs four or more persons.
(4) "Gender" means actual or perceived sex.
(5) "Gender identity or expression" means having or being perceived as having a gender identity or expression whether or not that gender identity or expression is different from that traditionally associated with the sex assigned to that individual at birth.
(6) "Physical characteristic" means a bodily condition or bodily characteristic of any person that is from birth, accident, or disease, or from any natural physical development, including individual physical mannerisms including but not limited to height and weight. Physical characteristic shall not relate to those situations where a bodily condition or characteristic will present a danger to the health, welfare or safety of any individual.
(Ord. 2019-10. Passed 1-27-19.)
(7) "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 which offers goods, services, accommodations and entertainment to the public within the Village.
(Ord. 2021-11. Passed 11-22-21.)
(8) "Sexual orientation" means actual or perceived heterosexuality, homosexuality or bisexuality.
(c) Human Rights Commission; Purpose. A non-partisan Human Rights Commission is hereby established to be known as the Golf Manor Human Rights Commission (the "Commission"). The purpose of the Commission is not to penalize, but to encourage and endeavor to bring about mutual understanding and respect among all persons, and to safeguard the right and opportunity of all persons to be free from all forms of discrimination.
(d) Human Rights Commission; Members.
(1) The Golf Manor Human Rights Commission shall be comprised of five (5) members who shall be appointed by a majority vote of Village Council. At least three (3) of the Commission Members shall be residents of the Village. Council may also appoint a non-resident of the Village who has subject matter experience in investigating or addressing claims of discrimination or harassment. Council may also appoint one (1) member to the Commission who is a non-resident of the Village, but who is the owner, operator or official in a business located within the Village.
(2) Members of the Commission shall serve voluntarily and without compensation, except for reimbursement of any reasonable and necessary expenses incurred in performance of duties for the Commission. No member shall be a current employee, officer, elected official, agent, or contractor with the Village.
(3) Except for members' initial terms which shall be staggered, each member shall serve a term of three (3) years. Of the initial appointments after enactment of this Ordinance, two (2) members shall be appointed to an initial term of three (3) years, two (2) members shall be appointed to an initial term of two (2) years, and one (1) member shall be appointed to an initial term of one (1) year. Members shall be eligible for reappointment; however, no member shall serve more than three consecutive terms. Members shall serve beyond the end of a term until a replacement is appointed by the respective authority. A member shall be deemed to have abandoned the position and resigned upon missing three consecutive regular meetings of the Commission without being excused by the Commission as reflected in the minutes. Any vacancy shall be filled by Council. Members appointed to fill a vacancy shall serve the remainder of the term of the vacant position.
(e) Human Rights Commission; Organization. The Golf Manor Human Rights Commission is a non-legislative public body of the Village. The Commission shall convene the initial organizational meeting of appointed members at its earliest opportunity. The Commission shall organize at its initial meeting by electing one member as Chair, one member as Vice-Chair, and one member as Secretary to record the minutes of proceedings. The Commission may select additional members to serve as officers if found to be necessary and proper for the effective organization and operation of the Commission. Each officer shall serve for a term of one year or until a successor officer is duly elected.
(f) Human Rights Commission; Meetings.
(1) The Golf Manor Human Rights Commission shall convene at least once each year to elect officers and as otherwise requested by a member of the Commission, the Village Administrator, the Village Mayor, or the Village Council. Any three (3) members of the Commission shall constitute a quorum for the transaction of business. The Commission may act upon a majority vote of members present at a meeting. The Commission shall report to the Village Council at least twice every calendar year.
(2) Meetings of the Commission shall be open to the public except that Executive Sessions shall be allowed as permitted by the Charter and Ohio law. Public notice of any meetings must be provided at least forty-eight (48) hours in advance, and minutes must be maintained. Any documents, evidence, and other records maintained or created by the Commission or submitted to the Commission, are public records subject to the Ohio Public Records Act and any recognized exceptions.
(3) The Village shall provide appropriate orientation and training to the Commission at its annual organization meeting to help them fully understand their duties and responsibilities, the requirements for open Meetings and Public Records, and the importance of confidentiality in the performance of their tasks.
(g) Human Rights Commission; Powers and Duties. The Golf Manor Human Rights Commission is hereby authorized and empowered as follows:
(1) The Commission may create and modify rules regarding its meetings, hearings, and procedures to carry out its functions. At its discretion, the Commission may accept volunteer services, including volunteer services of private legal counsel.
(2) The Commission may create committees and sub-committees comprised of members and other volunteers, which in its judgment will aid in effectuating the purposes of the Commission, including, but not limited to: a committee formed to study the problem of discrimination; a committee formed to foster good will, cooperation and conciliation among the diverse groups and population of the Village; and a committee formed to make recommendations to the Commission for the development and implementation of programs of formal and informal education and public awareness.
(3) The Commission may, with the consent and approval of the Village Administrator, call upon other officers, departments and agencies of the Village government to assist in its programs and projects. The Commission may recommend to Village Council policies, procedures, practices and legislation in all relevant matters.
(4) The Commission may enlist the cooperation of racial, religious, ethnic, community and civic organizations, and other identifiable groups of the Village, in its programs and campaigns devoted to the education and advancement of tolerance, understanding and equal protection of the law for all groups and individuals regardless of membership in a Protected Class.
(5) The Commission may seek and accept contributions, financial or otherwise, on behalf of the Village from any person including but not limited to any private, public, governmental, charitable, religious, labor, civic or benevolent organizations, in furtherance of its mission.
(6) The Commission may formulate and develop programs and opportunities (i.e. forums, workshops, research, and publications) to collect and disseminate information regarding the work of the Commission, to minimize or eliminate discrimination, and to promote good will among all persons who live in, work in, or visit the Village.
(7) The Commission shall develop a program to receive and report complaints from persons who live in, work in, or visit the Village.
(8) The Commission shall cooperate and work with relevant federal, state and local government offices and agencies.
(h) Public Contracts. The Village shall give consideration to all contractors who have a stated inclusive policy against unlawful discrimination that is substantially similar to the Village's policies as set forth in this chapter.
(Ord. 2019-10. Passed 1-27-19; Approved by voters 11-3-20.)