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HomeMy WebLinkAboutOrdinance 7520 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 13A-47(a) , COMPLAINTS, 13A-49 (a) AND (b) , COMMITTEE HEARING, AND SECTION 13A-53, UNLAWFUL IN- TIMIDATION, OF ARTICLE IV, FAIR HOUSING, CHAPTER 13A OF THE CODE OF THE CITY OF FORT WORTH, TEXAS, (1964) , AS AMENDEb, WHICH SEC- TIONS PROVIDE FOR THE FILING OF COMPLAINTS, THE HOLDING OF COMMITTEE HEARINGS AND THE PROHIBITION OF UNLAWFUL INTIMIDATION; PRO- VIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; REPEALING ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 13A-47(a) , Complaints, of Article IV, Fair Housing, of Chapter 13A of the Code of the City of Fort Worth, Texas, (1964) , as amended, be and the same is hereby amended so that hereafter said Section 13A-47(a) shall read and be as follows: "Sec. 13A-47. Complaints. (a) Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discrimin- atory housing practice that is about to occur (here- after referred to as "person aggrieved") may file a complaint with the administrator. Such complaint shall be in writing, shall be under oath and shall identify the person alleged to have committed or alleged to be about to commit the discriminatory housing practice and shall set forth the particulars thereof. The administrator is directed to prepare and adopt from time to time standard complaint forms and to furnish them without charge to any person aggrieved. " SECTION 2. That Section 13A-49 (a) and Section 13A-49(b) of Article IV, Fair Housing, Chapter 13A of the Code of the City of Fort Worth, Texas, (1964) , as amended, be and the same are hereby amended so that hereafter the same shall be and read as follows: "Sec. 13A-49. Committee hearing. (a) Upon completion of the investigation and . informal endeavors at conciliation by the adminis- trator but within ninety (90) days of the filing of the complaint with the administrator and if concil- iation has not been effected, the administrator may refer the matter complained of to the Committee to- gether with the answer of the respondent, if any, and a full report of his investigation and activities in the matter. (b) The Committee may set a date for a hearing convenient to the parties if respondent requests same. If respondent does not request a hearing same shall be deemed to have been waived and the matter may then be submitted to the City Attorney. At least five (5) days ' prior written notice of the setting of any such hearing shall be given to the person, or persons, alleged to have committed or to be about to commit the discriminatory housing practice. Members of the hearing panel shall include members of the Human Relations Commission in whole or in part. The hearing shall be conducted in a fair and impartial manner and shall be public as required by Article 6252-17, V. T. C. S. Witnesses appearing at such hearing may be required to present testimony under oath or by solemn affirmation. Evidence of the mat- ters alleged within the complaint may be presented by the City Attorney or his Assistant. The complaint and the person or persons alleged to have committed or to be about to commit the discriminatory housing practice may appear personally or by representative and with or without legal counsel and shall have the right to present proof and cross-examine witnesses in all matters relating to the complaint and subsequent related matters. In the event that a person or per- sons alleged to have committed or to be about to commit a discriminatory housing practice shall fail to appear at the Committee hearing either personally or by representative after notice as provided above, then such hearing shall be deemed waived by such person or persons." -2- o SECTION 3. That Section 13A-53, Unlawful Intimidation, of Article IV, Fair Housing, Chapter 13A of the Code of the City of Fort Worth, Texas, (1964) , as amended, be and the same is hereby amended so that hereafter the same shall be and read as follows: "Sec. 13A-53. Unlawful intimidation. It shall be unlawful intentionally or wilfully to injure, intimidate, interfere with, or retaliate against any person because such person has opposed any practice made unlawful by this article, or because such per- son has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this article." SECTION 4. Any person, firm or corporation violating the terms and provisions of this ordinance shall be deemed guilty of a mis- demeanor and, upon conviction, shall be fined in a sum not to exceed Two Hundred Dollars ($200.00) . SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be held invalid, it shall not affect any valid provisions of this or any other ordinance of the City of Fort Worth to which these rules and regulations relate, and the provisions hereof are declared to be severable. SECTION 6. This ordinance shall repeal every prior ordinance and provision of the Code of the City of Fort Worth in conflict -3- herewith, but only insofar as the portion of such prior ordi- nance or provision shall be in conflict, and as to all other ordinances or provisions of the Code not in conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law. APPROVED AS TO FORM AND LEGALITY: 11 City Attorney --4- me A6 JO NOROE. UNE City ®f Fort Worth, Texas SAW" Mayor and Council Communication a� STURN5 DATE REFERENCE SUBJECT: Proposed Amendment to Fair PAGE NUMBER Housing Ordinance OIDELL 3/21/77 G--3366 1 of 2 On December 13, 1976 members of the Fort north human Relations Commission appeared before the City Council to respond to questions regarding the Fair Housing Ordinance. The Chairman of the Commission proposed the following changes in the ordinance: 1. Specifying that a charge of alleged housing discrimination be filed with the Human Realtions Commission in writing. 2. Language under the unlawful retaliation provision be clarified. 3. The public hearing provision be clarified so that the respondent in a case of housing discrimination has the option to have a public hearing or have the case certified directly to the City Attorney for prosecution in Municipal Court. 4. Human Relations Commission members will serve on public hearing panels. 5. The City Attorney's staff may be responsible for presenting the facts of the case at a public hearing. 6. The public hearing panel can make its final deliberation of the facts in private like a jury. The Chairman also recommended that the proposed changes be reviewed by the Human Relations Commission at their December meeting. Due to the lack of a quorum, the Human Relations Commission did not take official action on the proposed changes until January 18. After a careful review by the Commission the following changes were recommended: 1. Specifying that a charge of alleged housing discrimination be K. filed with the Human Relations Commission in writing. 2. Language to be clarified under unlawful retaliation provision (similar to Title VIII of the federal law) . 3. The public hearing provision be clarified so that the Respondent and Charging Party in a case of housing discrimination have the option to have a public hearing or have the case certified directly to the City Attorney for prosecution in Municipal Court. 4. The City Attorney's staff may be responsible for presenting the facts of the case at a public hearing. 5. The public hearing panel can make its final deliberations of the facts in private like a+ jury. DATE NUMBER CE SUBJECT: Prop®sed Amendment to Fair PAGE 3/21/77 G-3366 Housing Ordinance 2 cf 2 In addition the Human Relations Commission did not make a final recommendation on the composition of the hearing panel but did discuss the following alternatives: to Leave the situation as it is by allowing the panel to be composed of Commission and noncommission members serving on the HRC Housing Committee. 20 Have a majority of the members on the panel be Commission members. 3. Restrict membership to HRC members. When the Human Relation" Commission°s report was received by the City Manager's Office an additional alternative was added. This alternative would permit the City Council to appoint a hearing panel of non-HRC members. All of the proposed changes were submitted to the Department of Law and a draft of the amendments was reviewed by the Commission at its February meeting. The Commission approved the proposed amendments except for the one having to do with the composition of the hearing panel. The. Human Relations Commission, by a majority vote, passed a motion recommending that the hearing panel be comprised of not less than 50 percent Commission members; the remainder to be comprised of noncom- mission members currently serving on the HRC Housing Committee. However, the proposed amendments prepared by the Department of Law state that 1°Members of the hearing panel shall include members of the Human Relations Commission in whole or in part." The proposed amendments prepared by the Department of Law are attached for City Council action. Recommendation It is recommended that the ordinance be adopted amending the Fair Housing Ordinance as described above. Vs.gl Attachment SUBMITTED BY: DISPOSITIOY BY COUNCIL: PR ESSED BY APPROVED ❑ OTHER (DESCRIBE)ED ORDINANU NO. / Z b SECRETARY IA� �14- DATE CITY MANAGER