[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:
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.
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Rick Lane
Mayor
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1-21-13
Date
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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.
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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.
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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:
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:
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:
B.
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.
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.
B.
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.
