City of De Soto, MO
Jefferson County
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Table of Contents
Table of Contents
[CC 1988 §2-107; Ord. No. 2765 §1, 9-5-1984; Ord. No. 3119 §1(2-107), 1-20-1993]
In order for the City to assure that all programs, activities, policies, practices and contracts it undertakes are established in a manner which assures that all persons have an equal opportunity to participate in or utilize such programs, activities, policies, practices and contracts regardless of their race, color, religion, sex, age, marital status, national origin or handicapped/disability status, unless based upon a bona fide occupational qualification, the procedure set out in this Article is adopted for the processing of complaints of alleged discrimination.
[CC 1988 §2-108; Ord. No. 2765 §2, 9-5-1984; Ord. No. 3119 §1(2-108), 1-20-1993]
Any person who believes that he/she has been discriminated against because of race, color, religion, sex, age, marital status, national origin or handicapped/disability status, unless based upon a bona fide occupational qualification, shall have the right to file a written complaint of such discrimination with the City Manager.
[CC 1988 §2-109; Ord. No. 2765 §3, 9-5-1984; Ord. No. 3119 §1(2-109), 1-20-1993]
A. 
The City Manager shall, within ten (10) days of the receipt of a complaint of alleged discrimination, cause a meeting to occur with the complainant to determine all details of the incident. The complainant may request that any witnesses to the alleged incident be present to offer collaboration to the complaint.
B. 
The City Manager shall make a written record of all information given at this meeting and shall provide such record to the City Council at its next regularly scheduled meeting.
C. 
At its next regular meeting the City Council shall review the record prepared and submitted by the City Manager and shall make a determination as to the validity of the complaint.
D. 
If it is then determined that the complaint is valid, the City Council shall make adjustments to the program or service to assure that the discriminatory policy is discontinued.
[CC 1988 §2-110; Ord. No. 2765 §4, 9-5-1984; Ord. No. 3119 §1(2-110), 1-20-1993; Ord. No. 3400 §1, 2-23-2000]
A. 
It shall be an unlawful employment practice for the City of De Soto because of the race, color, religion, national origin, sex, ancestry, age or disability of any individual:
1. 
To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions or privileges of employment because of such individual's race, color, religion, national origin, sex, ancestry, age or disability.
2. 
To limit, segregate or classify its employees or his/her employment applicants in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his/her status as an employee because of such individual's race, color, religion, national origin, sex, ancestry, age or disability.
[Ord. No. 3954 §1, 1-21-2013]
A. 
Policy Statement.
1. 
De Soto assures that no person shall on the grounds of race, color, national origin, age, disability/handicap or sex, as provided by Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance. De Soto further assures every effort will be made to ensure non-discrimination in all of its programs and activities, whether those programs and activities are federally funded or not.
2. 
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of terms "programs or activities" to include all programs or activities of Federal Aid recipients, sub-recipients, and contractors/consultants, whether such programs and activities are federally assisted or not.
3. 
Pursuant to the requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794), De Soto hereby gives assurance that no qualified disabled person shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any program or activity that receives or benefits from this Federal financial assistance.
4. 
In the event De Soto distributes Federal Aid funds to a sub-recipient, De Soto will include Title VI language in all written agreements and will monitor for compliance.
5. 
De Soto's City Clerk is the Title VI Coordinator and is responsible for initiating and monitoring Title VI activities, preparing reports and other responsibilities as required by 23 Code of Federal Regulation (CFR) 200 and 49 Code of Federal Regulation 21.
B. 
De Soto hereby gives the following DOT assurances, pursuant to 49 CFR Part 21.7:
1. 
That no person shall on the grounds of race, color, national origin, age, disability/handicap and sex be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by De Soto regardless of whether those programs and activities are Federally funded or not. That De Soto shall insert the following notification in all solicitations for bids for work or material subject to the regulations and in adapted form in all proposals for negotiated agreements:
De Soto, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office the Secretary, Part 21, Non-discrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin, sex, age and disability/handicap in consideration for an award.
2. 
That De Soto shall insert the clauses of the most current and approved contractual clauses relative to this subject in every contract subject to the Act and the Regulations.
3. 
That this assurance obligates De Soto for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates De Soto or any transferee for the longer of the following periods:
a. 
The period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. 
The period during which De Soto retains ownership or possession of the property.
4. 
De Soto shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance.
5. 
De Soto agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance.
6. 
This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to De Soto and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest and other participants subject to the Act and the Regulations. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of De Soto.
Rick Lane
Mayor
1-21-13
Date
C. 
Implementation Procedures. This shall serve as De Soto's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21.
1. 
For the purpose of this agreement, "Federal Assistance" shall include:
a. 
Grants and loans of Federal funds;
b. 
The grant or donation of Federal property and interest in property;
c. 
The detail of Federal personnel;
d. 
The sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting De Soto, or in recognition of the public interest to be served by such sale or lease to De Soto; and
e. 
Any Federal agreement, arrangement, or other contract which has as one (1) of its purposes the provision of assistance.
2. 
De Soto shall:
a. 
Issue a policy statement, signed by the Mayor of De Soto, which expresses its commitment to the non-discrimination provisions of Title VI. The policy statement shall be circulated to City of De Soto employees annually. New employees shall also receive this information as part of orientation. All employees receiving this information shall sign an acknowledgment of receipt each year. The City of De Soto shall also publicly display the Title VI policy in City Hall and on the City's website.
b. 
Take affirmative action to correct any deficiencies found within a reasonable time period, not to exceed ninety (90) days, in order to implement Title VI compliance.
c. 
Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race, color, national origin or sex, the nature of the complaint, the date the complaint was filed, the date the investigation was completed, the disposition, the date of the disposition, and other pertinent information.
d. 
Collect statistical data (race, color, national origin, sex) of participants in, and beneficiaries of the programs and activities conducted by De Soto.
e. 
Conduct Title VI reviews of De Soto and sub-recipient contractor/consultant program areas and activities. Revise, where applicable, policies, procedures and directives to include Title VI requirements.
f. 
Prepare a yearly report of Title VI accomplishments, including instances where Title VI issues were identified and discrimination was prevented, a description of the scope and conclusions of any special reviews (internal or external) conducted by the Title VI Coordinator, any major problem(s) identified and corrective action taken, a summary and status report on any Title VI complaints filed with De Soto, and a listing of complaints received against sub-recipients, as well as a summary of complaint and actions taken.
D. 
Discrimination Complaint Procedures — Allegations Of Discrimination In Federally Assisted Programs Or Activities.
1. 
Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with De Soto. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to De Soto's Title VI Coordinator for review and action.
2. 
In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than one hundred eighty (180) days after:
a. 
The date of alleged act of discrimination; or
b. 
Where there has been a continuing course of conduct, the date on which that conduct was discontinued.
In either case, De Soto may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing.
3. 
The complaint must meet the following requirements:
a. 
Complaint shall be in writing and signed by the complainant(s). In cases where complainant is unable or incapable of providing a written statement, a verbal complaint may be made. The Title VI Coordinator will interview the complainant and assist the person in converting verbal complaints in writing. All complaints must, however, be signed by the complainant or his/her representative.
b. 
Include the date of the alleged act of discrimination date when the complainants became aware of the alleged act of discrimination; or the date on which that conduct was discontinued or the latest instance of conduct.
c. 
Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complaint.
d. 
Federal law requires complaints be filed within one hundred eighty (180) calendar days of the alleged incident.
4. 
Upon receipt of the complaint, the Title VI Coordinator will convey the information to the City Manager who will determine its jurisdiction, acceptability, need for additional information, and investigate the complaint, if accepted.
5. 
The complainant will be provided with a written acknowledgment that De Soto has either accepted or rejected the complaint.
6. 
A complaint must meet the following criteria for acceptance:
a. 
The complaint must be filed within one hundred eighty (180) days of the alleged occurrence.
b. 
The allegation must involve a covered basis such as race, color or national origin.
c. 
The allegation must involve the City of De Soto as a Federal-aid recipient; or its sub-recipient or contractor.
7. 
A complaint may be dismissed for the following reasons:
a. 
The complainant requests the withdrawal of the complaint.
b. 
The complainant fails to respond to repeated requests for additional information needed to process the complaint.
c. 
The complainant cannot be located after reasonable attempts.
8. 
Once the complaint is accepted for investigation, the complainant will be notified in writing of such determination within ten (10) days. The complaint will receive a case number and will then be logged in a database identifying: complainant's name, basis, alleged harm, race, color and national origin of the complainant.
9. 
In cases where the Title VI Coordinator assumes the investigation of the complaint, within ninety (90) calendar days of the acceptance of the complaint the Title VI Coordinator will prepare an investigative report for review by the City Manager. The report shall include a narrative description of the incident, identification of persons interviewed, findings and recommendations for disposition.
10. 
The investigative report and its findings will be reviewed by the City Manager and in some cases the investigative report and findings will be reviewed by De Soto's legal counsel. The report will be modified as needed.
11. 
The City Manager/legal counsel will make a determination on the disposition of the complaint.
12. 
Notice of the City Council's determination will be mailed to the complainant. Notice shall include information regarding appeal rights of complainant and instructions for initiating such an appeal. Notice of appeals are as follows:
a. 
The City Council will reconsider the determination, if new facts come to light.
b. 
If complainant is dissatisfied with the determination and/or resolution set forth by the City of De Soto, the same complaint may be submitted to the FTA for investigation. Complainant will be advised to contact the Federal Transit Administration, Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor — TCR, 1200 New Jersey Avenue, SE, Washington, DC 20590.
13. 
A copy of the complaint and the City Council's investigation report/letter of finding and Final Remedial Action Plan, if appropriate, will be issued to FTA within one hundred twenty (120) days of the receipt of the complaint.
14. 
A summary of the complaint and its resolution will be included as part of the Title VI updates to the FTA.
E. 
Record Keeping Requirement. Title VI investigative reports will be retained for up to three (3) years and records will be made available for compliance review audits.
A. 
It shall be an unlawful housing practice:
1. 
To refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, to deny or otherwise make unavailable a dwelling to any person because of race, color, religion, national origin, ancestry, sex, disability or familial status.
2. 
To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, national origin, ancestry, sex, disability or familial status.
3. 
To make, print or publish or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, national origin, ancestry, sex, disability or familial status, or an intention to make any such preference, limitation or discrimination.
4. 
To represent to any person because of race, color, religion, national origin, ancestry, sex, disability or familial status that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
5. 
To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, ancestry, sex, disability or familial status.
6. 
To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
a. 
That buyer or renter;
b. 
A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or
c. 
Any person associated with that buyer or renter.
7. 
To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:
a. 
That person;
b. 
A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or
c. 
Any person associated with that person.
B. 
For purposes of Sections 225.050, 225.060 and 225.070, discrimination includes:
1. 
A refusal to permit, at the expense of the person with the disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
2. 
A refusal to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.
3. 
In connection with the design and construction of covered multi-family dwellings for first (1st) occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:
a. 
The public use and common use portions of such dwellings are readily accessible to and usable by persons with a disability.
b. 
All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons with a disability in wheelchairs.
c. 
All premises within such dwellings contain the following features of adaptive design:
(1) 
An accessible route into and through the dwelling;
(2) 
Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;
(3) 
Reinforcements in bathroom walls to allow later installation of grab bars; and
(4) 
Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
C. 
As used in Subdivision (3) of Subsection (B) of this Section, the term "covered multi-family dwelling" means:
1. 
Buildings consisting of four (4) or more units if such buildings have one (1) or more elevators; and
2. 
Ground floor units in other buildings consisting of four (4) or more units.
D. 
Compliance with the appropriate requirements of the American National Standard for Buildings and Facilities providing accessibility and usability for people with physically disabilities, commonly cited as "ANSI A117.1", suffices to satisfy the requirements of Subsection (B)(3)(a) of this Section.
It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance because of race, color, religion, national origin, ancestry, sex, disability or familial status to a person applying therefor for the purpose of purchasing, construction, improving, repairing or maintaining a dwelling, or to discriminate against him/her in fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance because of the race, color, religion, national origin, ancestry, sex, disability or familial status of such person or of any person associated with him/her in connection with such loan or other financial assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwellings in relation to which such loan or other financial assistance is to be made or given.
It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service organization or facility relating to the business of selling or renting dwellings on account of race, color, religion, national origin, ancestry, sex, disability or familial status.
A. 
All persons within the City of De Soto are free and equal and shall be entitled to the full and equal use and enjoyment within this State of any place of public accommodation, as hereinafter defined, without discrimination or segregation on the grounds of race, color, religion, national origin, sex, ancestry or disability.
B. 
It is an unlawful discriminatory practice for any person, directly or indirectly, to refuse, withhold from or deny any other person or to attempt to refuse, withhold from or deny any other person any of the accommodations, advantages, facilities, services or privileges made available in any place of public accommodation, as defined in Section 213.010, RSMo., and this Section, or to segregate or discriminate against any such person in the use thereof on the grounds of race, color, religion, national origin, sex, ancestry or disability.
C. 
The provisions of this Section shall not apply to a private club, a place of accommodation owned by or operated on behalf of a religious corporation, association or society or other establishment which is not in fact open to the public, unless the facilities of such establishments are made available to the customers or patrons of a place of public accommodation as defined in Section 213.010, RSMo., and this Section.
A. 
It shall be an unlawful discriminatory practice:
1. 
To aid, abet, incite, compel or coerce the Commission of acts prohibited under this Chapter or to attempt to do so;
2. 
To retaliate or discriminate in any manner against any other person because such person has opposed any practice prohibited by this Chapter or because such person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this Chapter;
3. 
For the City to discriminate on the basis of race, color, religion, national origin, sex, ancestry, age, as it relates to employment, disability or familial status as it relates to housing; or
4. 
To discriminate in any manner against any other person because of such person's association with any person protected by this Chapter.
A. 
Nothing in this Chapter shall be construed to:
1. 
Require the Commission to review or approve the plans, designs or construction of all covered dwellings to determine whether the design and construction of such dwellings are consistent with the requirements of Subsection (B)(3) of Section 225.050.
2. 
To invalidate or limit any law of the State or of the City that requires dwellings to be designed and constructed in a manner that affords persons with disabilities greater access than is required by this Chapter.
B. 
Nothing in Sections 225.050, 225.060 and 225.070:
1. 
Requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
2. 
Limits the applicability of any reasonable local restriction regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision of said Sections regarding familial status apply with respect to housing for older persons.
3. 
Shall prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance, as defined by Section 195.010, RSMo.
C. 
Nothing in this Chapter shall prohibit a religious organization, association or society or any non-profit 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 Chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.
D. 
Nothing in this Chapter, other than the prohibitions against discriminatory advertising in Subsection (A)(3) of Section 225.050, shall apply to:
1. 
The sale or rental of any single-family house by a private individual owner, provided the following conditions are met:
a. 
The private individual owner does not own or have any interest in more than three (3) single-family houses at any one (1) time; and
b. 
The house is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings and without publication, posting or mailing of any advertisement. If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house prior to such sale, the exemption in this Section applies to only one (1) such sale in any twenty-four (24) month period.
2. 
Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of such living quarters as his/her residence.