(A) Purpose and general policy. It is the purpose and policy of the city to safeguard all individuals within the city from discrimination because of race, color, religion, age, familial status, handicap, sex, national origin, thereby to protect their interest in personal dignity and freedom from humiliation, to make available to the city their full productive capacities, to secure the city against strife and unrest that would menace its democratic institutions, and to further the interests, rights, and privileges of all individuals within the city.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“AGE.” Forty years of age and over.
“BOARD.” The city Human Rights Board.
“MEMBER.” A member of the Board.
“DISCRIMINATION.” Any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, familial status, handicap, sex, national origin, or the aiding, abetting, inciting, coercing or compelling thereof.
“EMPLOYEE.” An individual employed by an employer, but does not include an individual employed by parents, spouse or child, or an individual employed to render services as a domestic in the home of an employer.
“EMPLOYER.” A person who has eight or more employees within the state in each of 20 or more calendar weeks in the current or preceding calendar year, and an agent of such a person.
“EMPLOYMENT AGENCY.” A person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer, including agents of that person.
“FINANCIAL INSTITUTION.” A bank, banking organization, mortgage company, insurance company, or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance, or improvement of real property, or an individual employed or acting on behalf of any of these.
“HOUSING ACCOMMODATION.” A building, structure, lot or part thereof used or occupied, or intended, arranged, or designed to be used or occupied, as the home or residence of one or more individuals, including improved or unimproved property.
“LABOR ORGANIZATION.” A labor organization and an agent of such an organization, including an organization of any kind, an agency or an employee representation committee, group, association, or plan so engaged in which employees participate, and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and a conference, general committee, joint or system board, or joint council so engaged that is subordinate to a national or international labor organization.
(C) Human Rights Board.
(1) Establishment. There is hereby established a Human Rights Board.
(2) Composition; appointment; term and compensation of members.
(a) The Board shall be composed of five members. The members shall be appointed by the Mayor, subject to the approval of the Board of Commissioners, who shall select persons who are as nearly as possible representative of the several social, economic, religious, cultural, ethnic and racial groups that comprise the population of the city. In addition, each member shall be a resident of the city.
(b) No elected or appointed official of the city or of the county may be a member of the Board.
(c) Each member appointed shall serve a term of three years. Upon a vacancy occurring, the Mayor, subject to the approval of the Board of Commissioners, shall appoint a member to complete the unexpired term.
(d) Members of the Board shall serve without compensation, but, subject to the approval of the Commission and within the limits imposed by the budget, they shall be allowed the necessary expenses attendant upon their duties.
(3) Officers.
(a) The Mayor shall designate one of the members of the Human Rights Board as Chairperson, who shall serve as Chairperson at the pleasure of the Mayor.
(b) The Board shall elect a Secretary, a Treasurer, and such other officers, except the Chairperson designated by the Mayor, as it shall deem necessary.
(4) Committees. The Chairperson of the Human Rights Board shall appoint such committees as the rules of the Board shall provide, and such other special committees from time to time as the Board shall deem necessary in order to carry out the purposes of this section.
(5) Office space and other facilities. The Mayor is authorized to allocate adequate office space and to provide the necessary facilities in the City Hall for the Human Rights Board, if such office space and facilities are available.
(6) Meetings; quorum.
(a) The Human Rights Board shall meet as often as it deems necessary, but it shall meet not less than once a year
(b) The Board shall have the power to adopt rules to govern its proceedings. The meetings of the Board shall be opened or closed to the public as permitted by Kentucky open meetings laws.
(c) A quorum of the Board shall consist of the majority of the members appointed to the Board.
(7) Powers and duties.
(a) General duties. The Human Rights Board shall endeavor to promote and secure mutual understanding and respect among all economic, social, ethnic, religious, and racial groups in the city, and shall act as conciliator in controversies involving intergroup and interracial relations. The Board shall cooperate with federal and state agencies and other city agencies in an effort to develop harmonious intergroup and interracial relations. The Board shall endeavor to enlist the support of civic, religious, labor, industrial, and commercial groups and civic leaders dedicated to the improvement of intergroup and interracial relations, and the elimination of discriminatory practices.
(b) Outreach duties. The Board shall regularly conduct, in conjunction with other entities, programs to educate the public about its services and to promote equality for all through community partnerships.
(c) Receipt of complaints; conduct of studies; additional powers.
1. The Board shall receive complaints regarding race, color, religion, national origin, sex, familial status, age, or disability, and shall facilitate the filing of such complaints with the Kentucky Commission on Human Rights or such applicable state or federal agency, which agency shall be delegated all duties and powers with respect to investigating, conciliating, hearing, determining, ordering, or otherwise acting as to any matter regarding those types of claims.
2. The Board shall conduct studies or have such studies conducted as will enable the Board to carry out the purposes of this section.
3. After consultation with the City Manager’s office, it may utilize the offices of the Corporation Counsel and other agents as are necessary to carry out the duties and powers of the Board.
(d) Recommendations to the Mayor and the Board of Commissioners. The Board shall recommend to the Mayor and the Board of Commissioners any legislation necessary to accomplish the purposes of this section.
(e) Acceptance of grants and donations. The Board, on behalf of the city, may accept grants and donations from foundations and others for the purpose of carrying out its functions.
(8) Budget; expenditures.
(a) The Human Rights Board shall annually prepare a budget for the ensuing fiscal year, and shall submit the budget to the Mayor and the Board of Commissioners for their approval. The Board shall prepare and submit the budget no later than March 15 of each year.
(b) All budgetary expenditures shall be authorized by the Board. The Treasurer shall approve operational expenditures, and shall make an annual financial report to the Board. Copies of each financial report shall be sent to the Mayor and the Board of Commissioners.
(9) Assistance by other departments; requests for information. Information in the possession of any department, board, or agency of the city may be furnished to the Board upon its request, and to the extent permitted by law. Upon the refusal of the director or head of any department, board, or agency of the city to furnish any information requested by the Board, the matter shall be referred to the Mayor, who shall determine whether it shall be furnished to the Board. The decision of the Mayor shall be final.
(10) Annual report. The Haman Rights Board shall submit an annual report on March 1 of each year to the Mayor and the Board of Commissioners.
(11) Enforcement of orders. The proceeding for enforcement of orders regarding race, color, religion, national origin, sex, familial status, age, or disability shall be established by the applicable agency to which the complaint is delegated.
(Ord. 2023-04, passed 10-18-22)