[HISTORY: Adopted by the City Council of the City of Monessen 3-29-1968
by Ord. No. 8-1968. Amendments noted where applicable.]
This chapter may be cited as the "Monessen Human Relations Ordinance."
A.
Legislative findings.
(1)
The population of the City of Monessen consists of people
of every race, color, religion, ancestry, national origin and place of birth,
many of whom by reason of their race, color, religion, ancestry, national
origin or place of birth are discriminated against in employment opportunities,
places of public accommodation, resort, recreation and amusement and housing
facilities.
(2)
Discrimination because of race, color, religion, ancestry,
national origin or place of birth is contrary to the constitutions, laws and
policies of the Commonwealth of Pennsylvania and the United States of America.
(3)
Discrimination in employment prevents the gainful employment
of large segments of citizens of the city, tends to impair the city's
productive capacity, reduce the public revenues and impose substantial financial
burdens upon the public for relief and welfare and tends to create breaches
of the peace and depressed living conditions which breed crime, vice, juvenile
delinquency and disease and is detrimental to the public safety, economic
growth and general welfare of the City of Monessen.
(4)
Discrimination in housing results in overcrowded, segregated
areas with substandard, unsafe and unsanitary living conditions, which cause
increased mortality, disease, crime, vice and juvenile delinquency, fires
and risk of fire, intergroup tensions and other evils, all of which increase
the cost of government and reduce the public revenues and result in injury
to the public safety, health and welfare of the City of Monessen.
(5)
Discrimination in places of public accommodation, resort,
recreation, amusement and places of business causes humiliation, embarrassment
and inconvenience to citizens and visitors of the city, tends to create breaches
of the peace, intergroup tensions and conflicts and similar evils and is detrimental
to the public safety, general welfare and economic growth of the City of Monessen.
B.
Declaration of policy.
(1)
It is hereby declared to be the policy of the City of
Monessen in the exercise of its powers for the protection of the public safety
and the general welfare, for the maintenance of peace and good government
and for the promotion of the city's trade, commerce and manufactures
to assure the right and opportunity of all persons to participate in the social,
cultural, recreational and economic life of the city and to assure equal opportunity
for all persons to live in decent housing facilities, free from restrictions
because of color, race, religion, ancestry, national origin or place of birth.
(2)
To accomplish these goals it shall be the public policy
of the City of Monessen to prohibit discrimination because of race, color,
religion, ancestry, national origin or place of birth in employment, housing
and places of public accommodation, resort, recreation or amusement.
This chapter applies to discriminatory practices, including but not
limited to discrimination in employment, housing and public accommodations,
which occur within the territorial limits of the City of Monessen and to employment,
contracted for, performed or to be performed within these limits, and to housing
accommodations and places of public accommodation, resort, recreation and
amusement located within the territorial limits of the city.
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from context:
The Commission on Human Relations established in the office of the
Mayor of the City of Monessen by this chapter.
The terms "discriminate" and "discrimination" include any difference
in treatment based on race, color, religion, ancestry, national origin or
place of birth.
Any person who employs five or more employees exclusive of the parents,
spouse or children of such person, including the City of Monessen, its departments,
boards, commissions and authorities, and any other governmental agency within
its jurisdiction, but excluding any religious, fraternal, charitable or sectarian
organization which is not supported in whole or part by any governmental appropriations.
Does not include the employment of individuals in domestic service.
Any person regularly undertaking, with or without compensation, to
procure opportunities for employment or to procure, recruit, refer or place
employees.
A building, structure or portion thereof which is used or occupied,
or is intended, arranged or designed to be used or occupied, as a home, residence
or sleeping place by a person, by a family or by a group of persons living
together; or
A parcel of real property or lot available for the construction of a
housing accommodation.
Any organization which exists for the purpose in whole or in part
of collective bargaining or of dealing with employers concerning grievances,
terms or conditions of employment or of other mutual aid or protection in
relation to employment.
Any bank, insurance company, savings and loan association or any
other person regularly engaged in the business of lending money or guaranteeing
loans.
Includes the owner, co-owner, lessee, sublessee, mortgagee, assignee,
manager, agent or any other person having the right of ownership or possession
or the authority to sell, rent or lease any housing accommodation, or any
person having an equitable or security interest in any housing accommodation,
including the City of Monessen and its departments, boards, commissions and
authorities.
Any individual, partnership, corporation, labor organization or other
organization or association, including those acting in a fiduciary or representative
capacity, whether appointed by a court or otherwise. The term "person," as
applied to partnerships or other organizations or associations, includes their
members, and as applied to corporations includes their officers.
Includes any place, business or activity which is open to, accepts
or solicits the patronage of the general public or offers goods, services
or recreation to the general public.
Any natural person, partnership, corporation or other association
which for a fee or other valuable consideration manages, sells, purchases,
exchanges or rents or negotiates, or offers or attempts to negotiate the sale,
purchase, exchange or rental of the property of another, or holds itself out
as engaged in the business of managing, selling, purchasing, exchanging or
renting the real property of another, or collects rent for the use of the
real property of another, and includes real estate salesmen or agents or any
other person employed by a real estate broker to perform or to assist in the
performance of his business.
A.
There is hereby established in the Office of the Mayor
a Commission on Human Relations to administer, implement and enforce the provisions
of this chapter.
B.
The Commission shall consist of 15 members to be appointed
by the Mayor for four-year terms. Commissioners may be reappointed to successive
terms of office. Each member of the Commission shall continue to serve after
his term until his successor has been appointed and qualified.
[Amended 12-12-1969 by Ord. No. 18-1969]
C.
The term of all present members of the Commission shall
not be affected by the enactment of this chapter.
D.
The Commission shall elect one of its members as Chairman
and may elect such other officers as it may deem necessary. The Chairman may,
with the approval of the Commission, appoint such committees as may be necessary
to carry out the powers and duties of the Commission, and the Commission may
authorize such committees to take any necessary action for the Commission.
E.
The Commission shall adopt such rules and regulations
for its own organization, operations and procedures as the Commission shall
deem necessary to administer, implement and enforce this chapter.
F.
The Commission shall hold at least ten monthly meetings
during each calendar year. Five members of the Commission shall constitute
a quorum for the transaction of business, and a majority vote of those present
at any meeting shall be sufficient for any official action taken by the Commission,
except that approval of a majority of the members of the Commission shall
be required before any public hearing may be held.
G.
The members of the Commission shall serve without compensation,
but they may be reimbursed for all expenses necessary incurred in the performance
of their duties in accordance with appropriations made by City Council.
[1]
Editor's Note: A State Human Relations Commission is established
under 43 P.S. § 951 et seq.
A.
The Mayor may appoint an Executive Director and such
other personnel as may be authorized by City Council to assist the Commission
in administering, implementing and enforcing the provisions of this chapter.
In proposing a budget for the operation of the Commission and in selecting
the Executive Director and other personnel, authorized by City Council, the
Mayor shall take into consideration the recommendations of the Commission.
B.
The Executive Director, when appointed, shall serve as
the staff executive officer for the Commission. He shall promote the efficient
transaction of its business, the orderly handling of complaints and other
matters before the Commission and shall supervise the Commission staff.
C.
The Commission may authorize the Executive Director to
initiate complaints of unlawful practices, as set forth in this chapter.
The Commission shall have the power and it shall be the duty to:
A.
Initiate, receive, investigate and seek the satisfactory
adjustment of complaints charging unlawful practices, as set forth in this
chapter.
B.
Initiate or receive and investigate other complaints
of discrimination against any person because of race, color, religion, ancestry,
national origin or place of birth and to seek the satisfactory adjustment
of such complaints. Any complaint filed under this subsection which the Commission
believes may constitute a violation of a law of the United States of America
or the Commonwealth of Pennsylvania may be certified to the City Solicitor
for such actions as he may deem proper.
C.
Hold public hearings, subpoena witnesses and compel their
attendance, administer oaths, take the testimony of any person under oath
and, in connection therewith, require the production of evidence relating
to any matter under investigation or any question before the Commission, make
findings of fact, issue orders and publish such findings of fact and orders
and do all other things necessary and proper for the enforcement of this chapter.
D.
Certify upon the request of any person that a particular
occupation or position is exempt from the provisions of this chapter relating
to unlawful employment practices if the Commission finds that the occupation
or position reasonably requires the employment of a person or persons of a
particular race, color, religion, ancestry, national origin or place of birth,
and that such certification is not sought as means of circumventing the spirit
and purpose of this chapter, the burden of proving the facts required for
such finding to be in each instance upon the person requesting the certification
of exemption from the provisions of this chapter.
E.
Study and investigate by means of public hearings or
otherwise any conditions having an adverse effect on intergroup relations
in the City of Monessen and to study the problems of prejudice, intolerance,
bigotry and discrimination as they affect the public safety and general welfare
of the City of Monessen.
F.
Institute and conduct educational and other programs
to promote the equal rights and opportunities of all persons, regardless of
their race, color, religion, ancestry, national origin or place of birth and
to promote understanding among persons and groups of different races, colors,
religions, ancestries, national origins or places of birth. In the performance
of its duties, the Commission may cooperate with interested citizens, private
agencies and agencies of the federal, state and local governments.
G.
Issue publications and reports of investigation and research
in the field of human relations, and to cooperate with and accept grants from
public and private agencies, including foundation, colleges and universities,
engaged in similar research.
H.
Request other departments, boards and commissions of
the city government to assist in the performance of its duties, and such other
departments, boards and commissions shall cooperate fully with the Commission.
I.
Assist in the enforcement of fair practices in city contracts.
J.
Render from time to time a written report of its activities
and recommendations to the Mayor and City Council.
K.
Recommend legislation to promote and ensure equal rights
and opportunities for all persons regardless of their race, color, religion,
ancestry, national origin or place of birth.
L.
Adopt such rules and regulations as may be necessary
to carry out the purposes and provisions of this chapter.
It shall be an unlawful employment practice, except where based upon applicable national security regulations established by the United States, by the Commonwealth of Pennsylvania or by any political subdivision of the commonwealth having jurisdiction in the City of Monessen or except where based upon a bona fide occupational exemption certified by the Commission in accordance with § 209-7D of this chapter:
A.
For any employer to refuse to hire any person or otherwise
to discriminate against any person with respect to hiring, tenure, compensation,
promotion, discharge or any other terms, conditions or privileges directly
or indirectly related to employment because of race, color, religion, ancestry,
national origin or place of birth.
B.
For any employer, employment agency or labor organization
to establish, announce or follow a policy of denying or limiting, through
a quota system or otherwise, the employment or membership opportunities based
on ancestry, national origin or place of birth.
C.
For any employer, labor organization, employment agency
or any joint labor-management committee controlling apprentice training programs
to deny to or withhold from any person the right to be admitted to or participate
in a guidance program, an apprenticeship training program, an on-the-job training
program or any other occupational training program because of race, color,
religion, ancestry, national origin or place of birth.
D.
For any employer, employment agency or labor organization
to require of any applicant for employment or membership any information concerning
race, color, religion, ancestry, national origin or place of birth.
E.
For any employer, employment agency or labor organization
to publish or circulate or to cause to be published or circulated any notice
or advertisement relating to employment or membership which indicates any
discrimination because of race, color, religion, ancestry, national origin
or place of birth.
F.
For any employment agency to fail or refuse to classify
properly or refer to employment or otherwise to discriminate against any person
because of race, color, religion, ancestry, national origin or place of birth.
G.
For any employer substantially to confine or limit recruitment
or hiring of employees, with intent to circumvent the spirit and purpose of
this chapter, to any employment agency, employment service, labor organization,
training school, training center or any other employee-referring source which
serves persons who are predominantly of the same race, color, religion, ancestry,
national origin or place of birth.
H.
For any labor organization to discriminate against any
person in any way which would deprive or limit his employment opportunities
or otherwise adversely affect his status as an applicant for employment or
as an employee with regard to tenure, compensation, promotion, discharge or
any other terms, conditions or privileges directly related to employment because
of race, color, religion, ancestry, national origin or place of birth.
I.
For any employer, employment agency or labor organization
to discriminate against any person because he has opposed any practice forbidden
by this chapter or because he has made a complaint or testified or assisted
in any manner in any investigation of proceeding under this chapter.
J.
For any person, whether or not an employer, employment
agency or labor organization, to aid, incite, compel, coerce or participate
in the doing of any act declared to be an unlawful employment practice by
this chapter or to obstruct or prevent any person from enforcing or complying
with the provisions of this chapter or any rule, regulation or order of the
Commission or to attempt directly or indirectly to commit any act declared
by this chapter to be an unlawful employment practice.
It shall be an unlawful housing practice, except as otherwise provided
in this section:
A.
For any owner, real estate broker or any other person
to refuse to sell, lease, sublease, rent, assign or otherwise transfer or
to refuse to negotiate for the sale, lease, sublease, rental assignment or
other transfer of the title, leasehold or other interest in any housing accommodation
is not available for inspection, sale, lease, sublease, rental, assignment
or other transfer when in fact it is so available, or otherwise to deny or
withhold any housing accommodation from any person because of race, color,
religion, ancestry, national origin or place of birth, or to discriminate
against, segregate or assign quotas to any person or group of persons in connection
with the sale, lease, sublease, rental, assignment or other transfer of the
title, leasehold or other interest in any housing accommodation or housing
accommodations.
B.
For any person, including any owner or real estate broker,
to include in the terms, conditions or privileges of any sale, lease, sublease,
rental, assignment or other transfer of any housing accommodation any clause,
condition or restriction discriminating against or requiring any other person
in the use or occupancy of such housing accommodation because of race, color,
religion, ancestry, national origin or place of birth.
C.
For any person, including any owner or real estate broker,
to discriminate in the furnishing of any facilities or services for any housing
accommodation because of race, color, religion, ancestry, national origin
or place of birth.
D.
For any person, including any owner or real estate broker,
to publish, circulate, issue or display, or cause to be published, circulated,
issued or displayed, any communication, notice, advertisement or sign of any
kind relating to the sale, rental, lease, sublease, assignment, transfer or
listing of a housing accommodation or accommodations which indicated any preference,
limitation, specification or discrimination based on race, color, religion,
ancestry, national origin or place of birth.
E.
For any person, including any bank, banking organization,
mortgage company, insurance company or other financial or lending institution,
or any agent or employee thereof, to whom application is made for financial
assistance for the purchase, lease, acquisition, construction, rehabilitation,
repair or maintenance of any housing accommodation or housing accommodations:
(1)
To discriminate against any person or group of persons
because of race, color, religion, ancestry, national origin or place of birth
of such person or group of persons or of the prospective occupants or tenants
of such housing accommodation in the granting, withholding, extending, modifying,
or renewing or in the rates, terms, conditions or privileges of any such financial
assistance or in the extension of services in connection therewith; or
(2)
To use any form of application for such financial assistance
or make any record of inquiry in connection with applications for such financial
assistance which indicates, directly or indirectly, any limitation, specification
or discrimination as to race, color, religion, ancestry, national origin or
place of birth or any intent to make any such limitation, specification or
discrimination.
F.
For any real estate broker or real estate salesman or
agent, or any other person for business or economic purposes, to induce, directly
or indirectly, the sale or rental or the listing for sale or rental of a housing
accommodation by representing that a change has occurred or will or may occur
with respect to the racial, religious or ethnic composition of the street,
block, neighborhood or area in which said housing accommodation is located.
G.
For any person, whether or not a real estate broker,
real estate salesman or agent, owner or lending institution to aid, incite,
compel, coerce or participate in the doing of any act declared to be an unlawful
housing practice under this chapter or to obstruct or prevent enforcement
or compliance with the provisions of this chapter or any rule, regulation
or order of the Commission or to attempt directly or indirectly to commit
any act declared by this chapter to be an unlawful housing practice.
H.
Nothing in this chapter shall bar any religious or sectarian
institution or organization or any charitable or educational organization
which is operated, supervised or controlled by or in connection with a religious
or sectarian organization or any bona fide private or fraternal organization
from limiting admission to or giving preference to persons of the same religion
or sect or to members of such private or fraternal organization or from making
such selection as is calculated by such organization to promote the religious
or sectarian principles or the aims, purposes or fraternal principles for
which it is established or maintained.
It shall be unlawful public accommodation practice:
A.
For the owner, lessee, proprietor, manager, superintendent,
agent or employee of any business or place of public accommodation, resort,
recreation or amusement to:
(1)
Refuse, withhold from or deny to any person because of
his race, color, religion, ancestry, national origin or place of birth, either
directly or indirectly, any of the accommodations, advantages, facilities,
services or privileges, products or goods of such place of public accommodation,
resort or amusement; or
(2)
Publish, circulate, issue, display, post or mail, either
directly or indirectly, any written or printed communication, notice or advertisement
to the effect that any of the accommodations, advantages, facilities, goods,
products, services and privileges of any such place shall be refused, withheld
or denied to any person on account of race, color, religion, ancestry, national
origin or place of birth or that the patronage of any person of any particular
race, color, religion, ancestry, national origin or place of birth is unwelcome,
objectionable or not acceptable, desired or solicited.
It shall be unlawful for any person, whether or not within the named
classifications set forth in this chapter, to aid, incite, compel, coerce
or participate in the doing of any act declared to be an unlawful practice
under this chapter or to obstruct or prevent enforcement of compliance with
the provisions of this chapter or any rule, regulation or order of the Commission
or to attempt directly or indirectly to commit any act declared by this chapter
to be an unlawful practice.
A.
All contracts of the City of Monessen and its contracting
agencies shall obligate the contractor to comply with this chapter and with
any state or federal law or laws or regulations relating to unlawful employment
practices in connection with any work to be performed thereunder and shall
require the contractor to include a similar provision in all subcontracts.
B.
The Commission shall promulgate rules and regulations
for the processing of complaints of discrimination received under this section.
A.
A complaint charging that any person has engaged or is
engaging in any unlawful practice as set forth in this chapter may be made
by the Commission, by an aggrieved person or by an organization which has
as one of its purposes the combating of discrimination or the promotion of
equal opportunities, and any complaint may be amended by the complainant or
the Commission at any time before final action has been taken by the Commission,
in accordance with such rules and regulations as the Commission shall prescribe.
B.
The complaint shall be in writing, signed and verified,
and include the name and address of the person or persons alleged to have
committed the unlawful practice and the particulars thereof and such other
information as may be required by the Commission.
C.
The Executive Director and staff shall make a prompt
and full investigation of each complaint of an unlawful practice and report
to the Commission.
D.
If the Commission shall determine that there is no basis
for the allegations in a complaint, the complaint shall be dismissed and the
complainant notified in writing. Within 10 days from the receipt of such notice,
the complainant, or his attorney, may file with the Commission a request for
review and the Commission shall provide the complainant and his attorney an
opportunity to appear before the Commission, a member thereof or a staff representative
of the Commission. After such a review, the Commission may reverse its decision,
or if the Commission or its representative determines that there is no basis
for the allegation, the dismissal of the complaint shall be affirmed and there
shall be no further review of such decision.
E.
If the Commission determines after investigation that
probable cause exists for the allegations made in the complaint, it may attempt
to eliminate the unlawful practice by means of private conferences or meetings
with all parties. The Commission shall not make public the details of such
informal proceedings, but it may publish the terms of any agreement when a
complaint has been satisfactorily adjusted.
F.
If the Commission determined that a housing accommodation or housing accommodations involved in a complaint of an unlawful housing practice under § 209-9 of this chapter may be sold, rented or otherwise disposed of before a determination of the case has been made, and the Commission believes that there is probable cause for the complaint, the Commission may request the City Solicitor to seek an injunction restraining the sale, rental or other disposition of the housing accommodation or housing accommodations in accordance with the provisions of Section 9.1. of the Pennsylvania Human Relations Act of October 27, 1955, P.L. 744, added by Act No. 533, approved January 24, 1966, as hereafter amended, supplemented or modified by the General Assembly of Pennsylvania.[1]
[1]
Editor's Note: See 43 P.S. § 951 et seq.
G.
In case of failure to eliminate the unlawful practice charged in the complaint by means of informal proceedings, or in advance thereof, if in the judgment of the Commission the facts so warrant, the Commission may hold a public hearing to determine whether or not an unlawful practice has been committed or, without holding such a hearing, certify the case to the City Solicitor in accordance with § 209-14 of this chapter.
H.
Where a public hearing is ordered, the Commission shall
designate one or more members to conduct such a hearing. The Commission shall
serve upon the person charged with having engaged or engaging in the unlawful
practice, hereinafter referred to as "respondent," a statement of the charges
made in the complaint or amended complaint and a notice of the time and place
of the hearing. The hearing shall be held not less than 10 days after the
service of the statement of charges. The respondent shall have the right to
file an answer to the statement of charges, to appear at the hearing in person
or to be represented by an attorney or, subject to the approval of the hearing
panel, by any other person and to examine and cross-examine witnesses. The
complainant shall also have the right to be represented by an attorney or,
subject to the approval of the hearing panel, by any other person. The Commission
shall not be bound by the strict rules of evidence prevailing in courts of
law or equity. The testimony taken at the hearing shall be under oath and
may be transcribed.
I.
If upon the evidence presented the Commission finds that
the respondent has not engaged in any unlawful practice, it shall state its
findings of fact in writing and dismiss the complaint. If upon all the evidence
presented the Commission finds that the respondent has engaged or is engaging
in an unlawful practice, it shall state its findings of fact in writing and
shall issue such order in writing as the facts warrant to effectuate the purposes
of this chapter. Such order may require the respondent to cease and desist
from such unlawful practice and to take such affirmative action, including
but not limited to the hiring, reinstatement or upgrading of employees with
or without back pay, admission or restoration to membership in any respondent
labor organization, the selling, renting or leasing of a housing accommodation
or housing accommodations upon equal terms and conditions and with such equal
facilities, services and privileges, the tendering of money, whether or not
secured by mortgage or otherwise for the acquisition, construction, rehabilitation,
repair or maintenance of any housing accommodation, the granting, permitting,
selling or admission to any of the accommodations, advantages, facilities,
services or privileges, products or goods of any respondent place of public
accommodation, resort, recreation or amusement, upon such equal terms and
conditions to any person discriminated against or to all persons as, in the
judgment of the Commission, will effectuate the purposes of this chapter and
are warranted by the facts presented at the hearing, including a requirement
for a report or reports of the manner of compliance. Copies of the order shall
be served on all parties.
In the event that the respondent refuses or fails to comply with any order of the Commission or violates any of the provisions of this chapter, the Commission shall certify the case and the entire record of its proceedings to the City Solicitor, who shall invoke the aid of an appropriate court to secure enforcement or compliance with the order or to impose the penalties set forth in § 209-15, or both.
Any person who shall violate any provision of this chapter relating
to unlawful practices or any rule or regulation pertaining thereto adopted
by the Commission or any order of the Commission shall, upon conviction thereof
in a summary proceeding before any District Justice having jurisdiction of
such offense, be sentenced to pay a fine of not more than $300 or to undergo
imprisonment not exceeding 90 days, or both.
