Loading...
Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this article prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(Ord. No. 6947, ยง 1, 5-16-88; Ord. No. 9199, ยง 4, 2-1-99)
(a) Any person who claims to have been injured by a discriminatory housing practice or who believes that he/she shall be irrevocably injured by a violation of this article that is about to occur (hereinafter "charging party") may file with the Equal Opportunity Office of the city manager's office (hereinafter referred to as the "EOO") a verified charge, in writing, within one hundred eighty (180) days after the alleged violation occurred, on such forms as may be required by the EOO. The charge shall set forth the facts upon which it is based and shall identify the person charged (hereinafter the "respondent"). The EOO shall furnish the respondent with a copy of the charge and shall promptly investigate the allegations of discriminatory practices set forth therein. The respondent may file, not later than twenty (20) days following receipt of the charge, a written verified answer to the charge. Whenever it would be reasonable and fair to do so, the EOO shall grant leave to the charging party and respondent to file amended charges and answers thereto.
(b) The EOO shall, as promptly as possible and as far as practicable not later than sixty days (60) from the filing of the charge, render written findings as to whether there is reasonable cause to substantiate the charge. The EOO shall furnish a copy of its findings to the charging party and to the respondent.
(c) If, within sixty (60) days after a charge is filed with the EOO, the EOO has issued findings that there is no reasonable cause to believe that the respondent has engaged in a discriminatory housing practice, the charging party may, within fifteen (15) days thereafter, file with the Tucson Human Relations Commission (hereinafter the "commission") a request for review of the findings. The commission, or such members of the commission as the chair thereof may designate, shall as promptly as possible and as far as practicable not later than forty-five (45) days after the request is filed, schedule a meeting to determine whether there is reasonable cause to believe that the respondent has engaged in a discriminatory housing practice. If it is determined that there is no reasonable cause to believe that the respondent has engaged in a discriminatory housing practice, the commission shall issue an order dismissing the charge and furnish a copy of its order to the EOO, the charging party and the respondent.
(d) If the EOO, or the commission in the event of a request for review, finds there is reasonable cause to believe that the respondent has engaged in a discriminatory housing practice, the EOO shall promptly attempt to eliminate the alleged discriminatory practice by conference, conciliation and persuasion. The terms of a conciliation agreement may require the respondent to refrain in the future from committing discriminatory practices of the type stated in the agreement and to take such affirmative action as the EOO may require to carry out the purposes of this article. If a conciliation agreement is entered into, the EOO shall issue an order stating its terms and furnish a copy of the order to the charging party and the respondent. Except for the terms of the agreement, neither the commission or EOO nor any employee thereof shall make public, without the written consent of the charging party and respondent, information concerning efforts in a particular case to eliminate a discriminatory practice by conference, conciliation or persuasion, whether or not there is a conciliation agreement.
(e) After a finding of reasonable cause by the EOO, or by the commission in the event of a request for review, the EOO may, in addition to the remedy outlined in subsection (d) of this section, request the city attorney to file a complaint against respondent in the city court. Appeal of any judgment rendered by the magistrate shall be by way of special action to the superior court on the record as prescribed by rule 23 of the Local Rules of Practice and Procedure in City Court Civil Proceedings.
(f) At any time in its discretion, but not later than one (1) year from the date of a conciliation agreement, the EOO shall investigate whether the terms of the conciliation agreement are being complied with by the respondent. Upon a finding that the terms of the agreement are not being complied with by the respondent, the EOO shall request the commission to take appropriate action to assure compliance, which may include the issuance of a cease and desist order, or the filing of a complaint in city court.
(Ord. No. 6947, ยง 1, 5-16-88; Ord. No. 9199, ยง 4, 2-1-99)
(a) In connection with an investigation of a charge filed under this article, the commission or the EOO shall have access at any reasonable time to witnesses, premises, records, documents, individuals and other evidence or possible sources of evidence and may examine, record and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation.
(b) Every person subject to this article shall preserve any regularly kept business records for a period of six (6) months from the date of the making of the record; such records shall include but not be limited to application forms submitted by applicants, sales and rental records, credit and reference reports, and any other records pertaining to the status of an individual's enjoyment of the rights and privileges protected or granted under this article.
(c) Every person subject to this article, shall post in conspicuous places, notices setting forth the provisions of the nondiscrimination clause.
(d) It shall be unlawful for a member of the commission or an employee of the EOO to make public with respect to a particular person without his/her consent information obtained by them pursuant to their authority under this article, except as necessary to the conduct of a proceeding under this article.
(e) To accomplish the objectives and to carry out the duties prescribed in this article, the commission or the EOO, in addition to other powers conferred by this article, may:
(1) Conduct informal hearings in aid of any investigation or inquiry.
(2) Administer an oath or affirmation to any person.
(3) On its own initiative, conduct periodic tests to ascertain whether violations of this article are occurring within the city.
(4) Issue subpoenas, interrogatories or other discovery devices to any person, on its own initiative or upon application of any party to a proceedings, compelling the attendance and testimony of witnesses or requiring the production of documents, provided such evidence relates to a violation of this article and is relevant to the charge which is the subject matter of the investigation.
(f) Any person being investigated by the commission or the EOO under this article shall have the right to be represented by counsel.
(g) If a person fails to respond to a subpoena, interrogatories, to permit access, examination, photographing or copying or fails to make, keep or preserve records in accordance with this article, the commission or EOO may issue an order requiring compliance. Upon a failure to comply with the order of, or upon failure to obey a subpoena issued by the commission or EOO, the commission or EOO may apply to the city attorney's office for assistance. The city attorney is empowered to take all necessary action in the appropriate court, upon request of the commission or EOO, to secure the production of all records, documents or other evidence necessary to assist the commission or the EOO in carrying out the provisions of this article. The city attorney is also empowered to seek fines as described in section 17-56 for civil infractions arising under this article.
(Ord. No. 6947, ยง 1, 5-16-88; Ord. No. 9199, ยง 4, 2-1-99)
(b) The following penalties shall be imposed by city court for civil infractions under this article:
(1) A person found responsible for a civil infraction for the first time shall be fined not less than three hundred dollars ($300.00) nor more than twenty-five hundred dollars ($2,500.00) per civil infraction. a person found responsible for the same civil infraction for a second time shall be fined not less than six hundred dollars ($600.00) nor more than twenty-five hundred dollars ($2,500.00). A person found responsible for the same civil infraction for a third or subsequent time shall be fined not less than nine hundred dollars ($900.00) nor more than twenty-five hundred dollars ($2,500.00). The imposition of a fine for a civil infraction under this section shall not be suspended.
(2) Failure of a respondent to comply with any order contained in a judgment for a civil infraction shall result in an additional fine of not less than three hundred dollars ($300.00) nor more than twenty-five hundred dollars ($2,500.00) for each day the respondent fails to comply. A respondent's second failure to comply with any order contained in a judgment for a civil infraction shall result in an additional fine of not less than six hundred dollars ($600.00) nor more than twenty-five hundred dollars ($2,500.00) for each day after the first determination of the respondent's failure to comply. A respondent's third and subsequent failure to comply with any order contained in a judgment for a civil infraction shall result in an additional fine of not less than nine hundred dollars ($900.00) nor more than twenty-five hundred dollars ($2,500.00) for each day after the second determination of respondent's failure to comply.
(Ord. No. 6947, ยง 1, 5-16-88; Ord. No. 9199, ยง 4, 2-1-99)
ARTICLE VIII.
REPORTING WRONGFUL CONDUCT
REPORTING WRONGFUL CONDUCT
(a) Definitions.
(1) Employee. All city employees of any status or classification, except elected officials, persons appointed to an elected official's personal staff, or individuals appointed to a position in city government by a majority of the governing body.
(2) Supervisory employee. Any supervisor, superintendent, division director, department director or other employee who has influence over personnel actions, including disciplinary action.
(3) Designated city official, public official or public agency. The mayor, councilmembers, city manager, city department head, city clerk, city attorney, county attorney, state attorney general, or a federal, state or local law enforcement agency.
(4) Wrongful conduct. Mismanagement, gross waste of monies or an abuse of authority, or violation of any law on the part of any city official(s) or city employee(s) that is reasonably believed to be of public concern.
(5) Adverse personnel action. Unsatisfactory overall performance evaluation; disciplinary action, including a written reprimand, suspension without pay, demotion, involuntary transfer or reassignment, disciplinary probation, or termination; withholding of an appropriate salary adjustment or other significant change in duties or responsibilities which is inconsistent with the employee's salary or classification.
(6) Layoff. Elimination of an employee's position by reason of a shortage of funds or work or material changes in duties or organization.
(7) Retaliation. Any adverse personnel action, layoff and/or change in the conditions of employment in response to an employee's allegation of wrongful conduct to a designated city official, public official or public agency.
(b) Method of reporting wrongful conduct by an employee to a designated city official shall be as provided by city administrative directive. Reports of wrongful conduct made to other public official(s) or public agency(s) as the employee may choose shall be in accord with any requirements of those public officials or public agencies.
(c) Any employee who believes that he or she has been retaliated against may make a written complaint as provided by city administrative directive. The city administrative directive shall prescribe methods of reporting, investigating and determining whether retaliation has occurred. Notwithstanding, retaliation shall not be found to have been committed if the adverse personnel action or layoff was justified for legitimate reasons.
(d) A determination under the city procedure that retaliation has occurred shall immediately result in reversal of the action including restoration of lost compensation or other lost benefits which have occurred by reason of such action.
(e) Any supervisory employee who under the city procedure is found to have knowingly retaliated against an employee shall be subject to disciplinary action, which may include dismissal from city employment.
(f) An employee who knowingly makes false accusation that a city official or city employee has engaged in wrongful conduct shall be subject to disciplinary action which may include dismissal from city employment.
(g) This article neither limits nor extends any other civil or criminal liability or remedy of any current or former employee or city official who either alleged the wrongful conduct or was the person against whom the wrongful conduct was alleged.
(Ord. No. 8126, ยง 1, 9-20-93)
Loading...