§ 93.09 EQUAL ACCESS TO HOUSING IN HUD PROGRAMS.

   Pursuant to 24 CFR Part 5.403 and 24 CFR Part 574.3, the definition of "family" is revised to include families regardless of the actual or perceived sexual orientation, gender identity, or marital status of its members.

(Ord. 2020-10, passed 7-21-20)

§ 93.10 EXEMPTIONS.

   (A)   Exemptions defined or set forth under IC 22-9.5-3 et seq. shall be exempt from the provisions of this subchapter, including those activities or organizations set forth under divisions (B) and (C) of this section.

   (B)   Notwithstanding the provisions of IC 22-9.5-4-8, the city, because of its lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this subchapter, herein elects to refer all formal complaints of violation of the sections of this subchapter by complainants to the Indiana Civil Rights Commission (“Commission”) for administrative enforcement actions pursuant to IC 22-9.5-6. The chief elected official of the City of Madison, Indiana, shall refer all said complaints to the Commission, as provided for under division (A) of this section, to said Commission for purposes of investigation, resolution and appropriate relief as provided for under IC 22-9.5-6.

   (C)   Nothing in this subchapter regarding familial status shall apply with respect to housing for older persons. As used in this section, “HOUSING FOR OLDER PERSONS” means housing:

      (1)   Provided under any state or federal program that the Secretary of the federal Department of Housing and Urban Development or the state Civil Rights Commission determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or

      (2)   Intended for, and solely occupied by, person 62 years of age or older; or

      (3)   Intended and operated for occupancy by at least one person 55 years of age or older per unit.

(Ord. 16-18, passed 10-4-16; Am. Ord. 2020-10, passed 7-21-20)

§ 93.11 ADMINISTRATIVE ENFORCEMENT OF SUBCHAPTER.

   (A)   The authority and responsibility for administering this subchapter, and referral of complaints hereunder to the Commissioner as set forth in division (B) hereof, shall be vested in the chief elected official of the city.

   (B)   Notwithstanding the provisions of IC 22-9.5-4-8, the city, because of its lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this subchapter, herein elects to refer all formal complaints of violation of the sections of this subchapter by complainants to the Indiana Civil Rights Commission (“Commission”) for administrative enforcement actions pursuant to IC 22-9.5-6. The chief elected official of the Town of Americana, Indiana, shall refer all said complaints to the Commission, as provided for under division (A) of this section, to said Commission for purposes of investigation, resolution and appropriate relief as provided for under IC 22-9.5-6.

   (C)   All executive departments and agencies of the city shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this subchapter, and shall cooperate with the chief elected official and the Commission to further such purposes.

   (D)   The chief elected official of the city, or the chief elected official’s designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.

(Ord. 16-18, passed 10-4-16; Am. Ord. 2020-10, passed 7-21-20)

COMMISSION ON HUMAN RELATIONS

§ 93.20 CREATION; MEMBERSHIP.

   There is hereby created in the office of the Mayor, a Commission on Human Relations, consisting of nine members serving without compensation and broadly representative of the religious, racial, ethnic, economic, educational, and political groups in the community. Members shall be appointed by the Mayor with the advice and consent of the Common Council within 90 days from the effective date of this subchapter, to serve as follows: three shall be appointed for three years, three for two years, and three for one year, thereafter each appointment shall be for a term of three years, in the event of a vacancy a successor shall be appointed to serve for the unexpired period of the term for which such member had been appointed. Members of the Commission may be removed by the Mayor for cause but for no other reason.

(‘66 Code, § 36.20) (Ord. 1968-2, passed 2-20-68; Am. Ord. 2017-18, passed 1-2-18)

§ 93.21 OFFICERS AND MEETINGS.

   The Commission on Human Relations shall elect from its membership once each year, a Chairman, Vice-Chairman, and Secretary. The Commission shall determine its meeting dates and times each year.

(‘66 Code, § 36.21) (Ord. 1968-2, passed 2-20-68; Am. Ord. 2017-18, passed 1-2-18)

§ 93.22 DUTIES AND POWERS.

   (A)   It shall be the duty of the Commission on Human Relations:

      (1)   To make such investigations and studies in any field of human relations in the community as in the judgment of the Commission will aid in effectuating its general purposes.

      (2) To inquire into incidents of division and conflict based upon discrimination because of race, color, religion, national origin, ancestry, sexual orientation or gender identity, and seek to correct the same by recommending to appropriate agencies, either public or private, such actions as may be considered necessary or helpful in eliminating such discrimination.

      (3) To conduct and recommend such educational and other programs, as, in the judgment of the Commission, will increase good will among inhabitants of the community and assure equal opportunities in all phases of community life for all inhabitants regardless of race, color, religion, national origin, ancestry, sexual orientation or gender identity,.

(‘66 Code, § 36.23) (Ord. 1968-2, passed 2-20-68; Am. Ord. 2017-18, passed 1-2-18)

   (B) The Commission is empowered:

      (1)   To act as conciliator in matters involving race, color, religion, national origin, ancestry, sexual orientation or gender identity.

      (2)   To receive and investigate complaints and to initiate its own investigation of racial, religious, and ethnic group tensions, prejudice, intolerance, bigotry and disorder and practices of discrimination against any person because of race, color, religion, national origin, ancestry, sexual orientation or gender identity, including discrimination by any city official or city agency against any individual, corporation, or association, and to develop programs and techniques designed to bring about the elimination of such discrimination.

      (3)   To request the testimony of any person and request the production of any evidence relating to any matter under investigation or in question before the Commission. The Commission after the completion of any investigation shall make a report in writing to the Mayor setting forth the facts found by it and its recommendations and shall use its best efforts to bring about compliance with its recommendations.

      (4)   To adopt rules and regulations for the conduct of its business.

(‘66 Code, § 36.22) (Ord. 1968-2, passed 2-20-68; Am. Ord. 2017-18, passed 1-2-18)

   (C)   The Commission shall when requested act in an advisory capacity to and otherwise cooperate with the State Civil Rights Commission wherever possible to effect compliance with state laws. ('66 Code, § 36.27) (Ord. 1968-2, passed 2-20-68)