The authority and duties of the Commission shall be to:
(A) Promote human and civil rights for all citizens and visitors of the city;
(B) Promote a mutual understanding and respect among all racial, religious, and nationality groups and work to discourage and, to the extent permitted by this subchapter, prevent discriminatory practices against any such group;
(C) Attempt to foster, through community effort or otherwise, goodwill, cooperation, and equality;
(D) Study and determine the existence, character, causes, and extent of discrimination in employment, housing accommodations, property rights, education, public accommodations, and public services in the city, and discrimination based on age, disability, marital status, military or veteran status, familial status, ethnicity, religion, sexual orientation, and gender identity. The study and determination of discrimination is based on a broad understanding of civil and human rights as embodied in the 1964 Civil Rights Act as amended, which includes race, color, religion, gender, and country of origin;
(E) Seek to prevent and eliminate stereotyping and discrimination because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, military or veteran status, gender identity, and sexual orientation by means of public information promotion, alternative dispute resolution procedures, and referral, and to utilize all the powers set forth in this subchapter to carry into execution the provisions of this subchapter;
(F) Receive verified complaints alleging discrimination and conduct inquiries as reasonably necessary to find the facts with respect thereto. Inquiries can only be initiated upon the receipt of a verified complaint and shall be limited to means, actions, and tactics which are not inconsistent with the provisions of this subchapter, and to the allegations contained in the verified complaint;
(G) Conduct public meetings, and gather and disseminate information to governmental agencies and to the public;
(H) Utilize the records and services of municipal, state, and federal governmental departments and agencies to the extent permitted by law and by the provisions of this subchapter, and pursuant to agreement with departments and agencies raise matters for preliminary inquiry and referral;
(I) Furnish to any appropriate state or federal agency having jurisdiction in the premises a transcript of the findings in and about any case which the Commission has investigated and a court of competent jurisdiction may inquire;
(J) Request the cooperation of various racial, religious, and ethnic groups, community, civil, labor, and business organizations, student organizations, fraternal and benevolent associations, veterans' organizations, and other groups in informational campaigns and programs devoted to promoting diversity celebration and emphasizing the need for eliminating group tensions, prejudices, intolerance, bigotry, and unlawful discrimination;
(K) Cooperate with federal, state, and city agencies in developing programs showing the contributions of the various groups to the culture and traditions of our city and nation, the menace of prejudice, intolerance, bigotry, stereotyping, and unlawful discrimination, and the need for mutual respect;
(L) Advise the Mayor, City Council members, City Manager, and the respective departments of the city concerning matters consistent with the purposes and powers of the Commission;
(M) Recommend ordinances and other legislation pertinent to the purposes of protection of human rights;
(N) Promote or conduct informational programs, and disseminate information in furtherance of the purposes and policies of the Commission; and
(O) Hear and inquire into verified complaints alleging discrimination regarding the city in accordance with the procedures set forth in this subchapter. Pursuant to state law, there is presently no legal authority to investigate verified complaints alleging discrimination because of marital status, military or veteran status, gender identity, or sexual orientation. Accordingly, until state law authorizes municipalities, pursuant to SDCL § 20-12-4, to investigate discriminatory practices based on marital status, military or veteran status, gender identity, or sexual orientation, these discriminating practices cannot be investigated by the Commission. However, such acts may be brought to the attention of the Commission by a complainant in the form of a verified complaint, which is not inconsistent with the provisions outlined in § 32.51, for record and referral purposes. The Commission shall have no regulatory enforcement powers which are inconsistent with the provisions of this subchapter.
(Ord. 1377, passed 6-18-2018; Am. Ord. 1399, passed 3-18-2019)