HomeMy WebLinkAbout2018-01-8509 (contains Scrivener's Error on page 6208004
ORDINANCE NO. 2018-1-8509
AN ORDINANCE REPEALING CHAPTER 58 OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY AND REPLACING IT IN ITS
ENTIRETY
WHEREAS, this Ordinance will repeal and supersede Chapter 58 of the Code of
Ordinances of the City of Paducah, Kentucky, which governs Human Relations; and
WHEREAS, this Ordinance will replace this chapter with a new Chapter 58,
which will read as described below;
NOW THEREFORE be it ordained by the City Commission of the City of
Paducah as follows:
SECTION A. Chapter 58 of the Code of Ordinances shall read as follows:
ARTICLE I. IN GENERAL
Section 58-1. Purpose and general policy.
It is the purpose and policy of the city to safeguard all individuals within the city
from discrimination because of race, color, religion, age, familial status, handicap, sex, national
origin, gender identity, or sexual orientation in connection with employment, places of public
accommodation, and housing, thereby to protect their interest in personal dignity and freedom
from humiliation, to make available to the city their full productive capacities, to secure the city
against strife and unrest which would menace its democratic institutions, and to further the
interests, rights, and privileges of all individuals within the city.
Section 58-2. Definitions.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
Age. Age forty (40) years and over.
Commission. The city Human Rights Commission.
Commissioner. A member of the Commission.
Discrimination. Any direct or indirect act or practice of exclusion, distinction,
restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation
or preference in the treatment of a person or persons because of race, color, religion, familial
status, handicap, sex, national origin, gender identity, or sexual orientation, or the aiding,
abetting, inciting, coercing or compelling thereof.
Employee. An individual employed by an employer, but does not include an
individual employed by his parents, spouse or child, or an individual employed to render
services as a domestic in the home of the employer.
Employer. A person who has eight or more employees within the state in each of
20 or more calendar weeks in the current or preceding calendar year and an agent of such a
person.
Employment agency. A person regularly undertaking with or without
compensation to procure employees for an employer or to procure for employees opportunities
to work for an employer, and includes an agent of such person.
Financial institution. A bank, banking organization, mortgage company,
insurance company, or other lender to whom application is made for financial assistance for
the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance, or
improvement of real property, or an individual employed or acting on behalf of any of these.
Gender identity. Manifesting a gender identity not traditionally associated with
one's biological or psychological maleness or femaleness.
Housing accommodation. Includes improved and unimproved property and
means a building, structure, lot or part thereof which is used or occupied, or is intended,
arranged or designed to be used or occupied, as the home or residence of one or more
individuals.
Labor organization. A labor organization and an agent of such an organization,
including an organization of any kind, an agency or an employee representation committee,
group, association, or plan so engaged in which employees participate and which exists for the
purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes,
wages, rates of pay, hours, or other terms or conditions of employment, and a conference,
general committee, joint or system board, or joint council so engaged which is subordinate to a
national or international labor organization.
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Person. Includes one or more individuals, labor unions, joint apprenticeship
committees, partnerships, associations, corporations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy,
receivers, or other legal or commercial entity.
Place ofpublic accommodation, resort or amusement. Includes any place, store
or other establishment, either licensed or unlicensed, which supplies goods or services to the
general public or which solicits or accepts the patronage or trade of the general public or which
is supported directly or indirectly by government funds, except that:
(1) A private club is not a place of public accommodation, resort or
amusement if its policies are determined by its members and its facilities
or services are available only to its members and their bona fide guests;
and
(2) "Place of public accommodation, resort or amusement" does not include
beauty shops or barber shops as defined in KRS 317.410 nor a rooming
or boarding house containing not more than five rooms for rent or hire
and which is within a building occupied by the proprietor as his
residence, nor establishments catering exclusively to men or women only
which do not otherwise violate a state or federal law prohibiting such
discrimination.
Real estate broker or real estate sales person. An individual, whether licensed
or not, who, on behalf of others, for a fee, commission, salary, or other valuable consideration,
or who with the intention or expectation of receiving or collecting the same, lists, sells,
purchases, exchanges, rents or leases real estate, or the improvements thereon, including
options, or who negotiates or attempts to negotiate on behalf of others a loan secured by
mortgage or other encumbrance, upon a transfer of real estate, or who is engaged in the
business of charging an advance fee or contracting for collection of a fee in connection with a
contract whereby he undertakes to promote the sale, purchase, exchange, rental or lease of real
estate through its listing in a publication issued primarily for such purpose; or an individual
employed by or acting on behalf of any of these.
Real estate operator. Any individual or combination of individuals, labor
unions, joint apprenticeship committees, partnerships, associations, corporations, legal
representatives, mutual companies, joint-stock companies, trusts, unincorporated
organizations, trustees in bankruptcy, receivers or other legal or commercial entity, the county
or any of its agencies, that is engaged in the business of selling, purchasing, exchanging,
renting or leasing real estate, or the improvements thereon, including options, or that derives
income, in whole or in part, from the sale, purchase, exchange, rental or lease of real estate; or
an individual employed by or acting on behalf of any of these.
Real property. Includes buildings, structures, real estate, lands, tenements,
leaseholds, cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any
interest in the above.
Sexual orientation. An individual's actual or imputed heterosexuality,
homosexuality or bisexuality.
Section 58-3. Penalty. Whoever violates any provision of this chapter shall, in
addition to any and all other remedies set forth herein, be subject to the maximum fine and/or
imprisonment amounts permitted to be imposed by this city under all applicable state and/or
federal law.
Sections 58-4 through 58-30 are hereby reserved.
ARTICLE II. HUMAN RIGHTS COMMISSION
Section 58-31. Established.
(a) As used in this article, the word "Commission" shall mean the Human
Rights Commission established by this article.
(b) There is hereby established a city Human Rights Commission.
Section 58-32. Composition; appointment, term and compensation of members.
(a) The Commission shall be composed of five members. The members shall
be appointed by the Mayor, subject to the approval of the Board of Commissioners, who shall
select persons who are as nearly as possible representative of the several social, economic,
religious, cultural, ethnic and racial groups which comprise the population of the Greater
Paducah Area. In addition, each member shall be a resident of the Greater Paducah Area.
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(b) No elected or appointed official of the city or of the county may be a
member of the Commission.
(c) Upon the effective date of this Ordinance, all persons who are currently
serving as members of the Commission shall be deemed to be reappointed to complete their
present term of service. Each member appointed thereafter shall serve for a term of three years.
Upon a vacancy occurring, the Mayor, subject to the approval of the Board of Commissioners,
shall appoint a member to complete the unexpired term.
(d) Members of the Commission shall serve without compensation, but,
subject to the approval of the Commission and within the limits imposed by the budget, they
shall be allowed their necessary expenses attendant upon their duties.
Section 58-33. Officers.
(a) The Mayor shall designate one of the members of the Human Rights
Commission as Chairperson, who shall serve as Chairperson at the pleasure of the Mayor.
(b) The Commission shall elect a Secretary, a Treasurer, and such other
officers, except the Chairperson designated by the Mayor, as it shall deem necessary.
Section 58-34. Committees.
The Chairperson of the Human Rights Commission shall appoint such
committees as the rules of the Commission shall provide and such other special committees
from time to time as the Commission may deem necessary in order to carry out the purposes of
this article.
Sec. 58-35. - Office space and other facilities.
The Mayor is authorized to allocate adequate office space and to provide the
necessary facilities in the City Hall for the Human Rights Commission, if such office space
and facilities are available.
Sec. 58-36. Meetings; quorum.
(a) The Human Rights Commission shall meet as often as it deems
necessary, but it shall meet not less than once each month.
(b) The Commission shall have the power to adopt rules to govern its
proceedings. The meetings of the commission shall be opened or closed to the public as
permitted by the Kentucky open meetings laws.
(c) A quorum of the Commission shall consist of a majority of the members
appointed to the Commission.
Sec. 58-37. Powers and Duties.
(a) General Duties. The Human Rights Commission shall endeavor to
promote and secure mutual understanding and respect among all economic, social, ethnic,
religious, and racial groups in the city, including those representing gender identity and sexual
orientation, and shall act as conciliator in controversies involving intergroup and interracial
relations. The Commission shall cooperate with federal and state agencies and other city
agencies in an effort to develop harmonious intergroup and interracial relations and shall
endeavor to enlist the support of civic, religious, labor, industrial, and commercial groups and
civic leaders dedicated to the improvement of intergroup and interracial relations and the
elimination of discriminatory practices.
(b) Outreach Duties. The Commission shall regularly conduct, in conjunction
with other entities, programs to educate the public about their services and to promote equality
for all through community partnerships.
(c) Receipt of Complaints; conduct of studies; additional powers.
(1) The Commission shall receive complaints regarding race, color,
religion, national origin, sex, familial status, age, or disability, and
shall facilitate the filing of such complaints with the Kentucky
Commission on Human Rights or such other applicable state or
federal agency, which agency shall be delegated all duties and
powers with respect to investigating, conciliating, hearing,
determining, ordering, or otherwise acting as to any matter
regarding those type of claims.
(2) The Commission shall receive complaints regarding gender
identity and sexual orientation, and shall conduct investigations,
hold hearings, and issue remedial orders, after notice and hearing,
requiring cessation of the discriminatory activity. In conducting
these duties, the Commission shall have the power to compel the
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attendance of witnesses and production of evidence before it by
subpoena issued by the Circuit Court of McCracken County.
(3) The Commission shall conduct studies or have such studies
conducted as will enable the Commission to carry out the purposes
of this article.
(4) After consultation with the City Manager's office, it may utilize
the offices of corporation counsel and other agents as are necessary
to carry out the duties and powers of the Commission.
(d) Recommendations to Mayor and Board of Commissioners. The Commission
shall recommend to the Mayor and to the Board of Commissioners any legislation necessary to
accomplish the purposes of this article.
(e) Acceptance of grants and donations. The Commission, on behalf of the city,
may accept grants and donations from foundations and others for the purpose of carrying out its
functions.
Sec. 58-38. - Budget; expenditures.
(a) The Human Rights Commission shall prepare annually a budget for the
ensuing fiscal year, and shall submit the budget to the Mayor and the Board of Commissioners
for their approval. The Commission shall prepare and submit the budget no later than March 15
of each year.
(b) All budgetary expenditures shall be authorized by the Commission. The
Treasurer shall approve operational expenditures, and he shall make a semiannual financial
report to the Commission. Copies of such semiannual financial report shall be sent to the Mayor
and the Board of Commissioners.
Section 58-39. Assistance by other departments; requests for information.
Information in the possession of any department, board, or agency of the city may
be furnished to the Commission upon its request, and to the extent permitted by law. Upon the
refusal of the director or head of any department, board, or agency of the city to furnish any
information which has been requested by the Commission, the matter shall be referred to the
Mayor, who shall determine whether such information shall be furnished to the Commission, and
the decision of the Mayor shall be final.
Section 58-40. Annual report.
The Human Rights Commission shall submit an annual report on March 1 of each
year to the Mayor and to the Board of Commissioners.
Section 58-41. Enforcement of orders.
(a) The proceeding for enforcement of a Human Rights Commission order
regarding discrimination based on gender identity or sexual orientation shall be initiated by filing
a complaint in the Circuit Court. Copies of the complaint shall be served upon all parties of
record within 30 days after the filing of the complaint by the Commission, or within such further
time as the court may allow, and the Commission shall transmit to the Court the original or a
certified copy of the entire record upon which the order is based, including the transcript of
testimony or as otherwise may be stipulated by all parties to the proceeding and as established by
KRS 344.340 and the rules of civil procedure.
(b) The proceeding for enforcement of orders regarding race, color, religion,
national origin, sex, familial status, age, or disability shall be as established by the applicable
agency to which the complaint is delegated.
Sections 58-42 through 58-60 are hereby reserved.
ARTICLE III. EQUAL EMPLOYMENT OPPORTUNITIES
Section 58-61. Unlawful employment practices.
(a) It is an unlawful practice for an employer:
(1) To fail or refuse to hire, or to discharge any individual, or
otherwise discriminate against an individual with respect to his or
her compensation, terms, conditions, or privileges of employment,
because of such individual's race, color, religion, familial status,
handicap, sex, age, national origin, gender identity, or sexual
orientation; or
(2) To limit, segregate, or classify an employee in any way which
would deprive or tend to deprive an individual of employment
opportunities or otherwise adversely affect his or her status as an
employee, because of such individual's race, color, religion,
familial status, handicap, sex, age, national origin, gender identity,
or sexual orientation.
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(b) It is an unlawful practice for an employment agency to fail or refuse to
refer for employment, or otherwise to discriminate against, an individual because of race, color,
religion, familial status, handicap, sex, age, national origin, gender identify, or sexual orientation,
or to classify or refer for employment an individual on the basis of race, color, religion, familial
status, handicap, sex, age, national origin, gender identity, or sexual orientation.
(c) It is an unlawful practice for a labor organization:
(1) To exclude or to expel from its membership, or otherwise to discriminate
against, a member or applicant for membership because of his or her race,
color, religion, familial status, handicap, sex, age, national origin, gender
identity, or sexual orientation.
(2) To limit, segregate, or classify its membership, or to classify or fail or
refuse to refer for employment an individual, in any way which would
deprive or tend to deprive an individual of employment opportunities, or
otherwise adversely affect his or her status as an employee or as an
applicant for employment, because of the individual's race, color, religion,
familial status, handicap, sex, age, national origin, gender identity, or
sexual orientation.
(3) To cause or attempt to cause an employer to discriminate against an
individual in violation of this section.
(d) It is an unlawful practice for an employer, labor organization, or joint
labor-management committee controlling apprenticeship or other training or retraining, including
on-the-job training programs, to discriminate against an individual because of race, color,
religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation
in admission to, or employment in, any program established to provide apprenticeship or other
training.
(e) It is an unlawful practice for an employer, labor organization, or
employment agency to print or publish or cause to be printed or published a notice or
advertisement relating to employment by such an employer or membership in or any
classification or referral for employment by the employment agency, indicating any preference,
limitation, specification, or discrimination based on race, color, religion, familial status,
handicap, sex, age, national origin, gender identity, or sexual orientation except that such a
notice or advertisement may indicate a preference, limitation, or specification based on religion,
sex, age, or national origin when religion, sex, age, or national origin is a bona fide occupational
qualification for employment.
(f) Nothing herein shall be construed to prevent an employer from:
(1) Enforcing a written employee dress policy; or
(2) Designating appropriate restroom and shower facilities.
Section 58-62. Exceptions.
practice for:
(a) Notwithstanding any other provision of this chapter, it shall not be an unlawful
(1) An employer to hire and employ employees, or an employment agency to
classify or refer for employment an individual, for a labor organization to
classify its membership or to classify or refer for employment an
individual, or for an employer, labor organization, or joint labor-
management committee controlling apprenticeship or other training or
retaining programs to admit or employ an individual in any such program
on the basis of religion, sex, age, or national origin when religion, sex,
age, national origin, gender identity, or sexual orientation is a bona fide
occupational qualification reasonably necessary to the normal operation of
that particular business or enterprise.
(2) A religious corporation, association, or society to employ an individual on
the basis of religion to perform work connected with the carrying on by
the corporation, association, or society of its religious activity.
(3) A school, college, university, or other educational institution is in whole or
substantial part owned, supported, controlled or managed by a particular
religious corporation, association, or society, or if the curriculum of the
school, college, university, or other educational institution is directed
toward the propagation of a particular religion, and the choice of
employees is calculated by such organization to promote the religious
principles for which it is established and maintained.
(4) An employer to apply different standards of compensation, or different
terms, conditions, or privileges of employment, pursuant to a bona fide
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seniority or merit system, or a system which measures earnings by
quantity or quality of production, or to employees who work in different
locations, provided that such differences are not the result of an intention
to discriminate because of race, color, religion, familial status, handicap,
sex, age, national origin, gender identity, or sexual orientation, nor is it an
unlawful practice for an employer to give and to act upon the results of
any professionally developed ability test provided that such test, its
administration or action upon the results is not designed, intended or used
to discriminate because of race, color, religion, familial status, handicap,
sex, age, national origin, gend identity, or sexual orientation.
(b) The provisions of Section 58 in regard to sexual orientation or gender
identity shall not apply to a religious institution, or to an organization operated for charitable or Q��S
educational purposes, which is operated, supervised, or controlled by a religious corporation, CcSk 1L[lgJnLj
association, or society.
Sections 58-63 through 58-80 are hereby reserved.
ARTICLE IV. PLACES OF PUBLIC ACCOMMODATION
Section 58-81. Unlawful discriminatory practices.
(a) Except as otherwise provided in this chapter, it is an unlawful practice for a
person to deny an individual the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, and accommodations of a place of public accommodation, resort, or
amusement as defined in section 58-2, on the grounds of race, color, religion, familial status,
handicap, sex, age, national origin, gender identity, or sexual orientation.
(b) It is an unlawful practice for a person, directly or indirectly, to publish,
circulate, issue, display, or mail, or cause to be published, circulated, issued, displayed, or
mailed, a written, printed, oral, or visual communication, notice, or advertisement, which
indicates that the goods, services, facilities, privileges, advantages, and accommodations of a
place of public accommodation, resort, or amusement will be refused, withheld, or denied an
individual on account of race, color, religion, familial status, handicap, sex, age, national
origin, gender identity, or sexual orientation or that the patronage of, or presence at, a place of
public accommodation, resort, or amusement of an individual on account of race, color,
religion, familial status, handicap, sex, age, national origin, gender identity, or sexual
orientation is objectionable, unwelcome, unacceptable, or undesirable.
(c) This section shall not apply with regards to sex and gender identity to the
following:
(1) Restrooms, shower rooms, bathhouses, and similar facilities which are,
by their nature, distinctly private;
(2) YMCA, YWCA and similar dormitory -type lodging facilities;
(3) The exemptions contained in the definitions of place of public
accommodation, resort, or amusement as set forth in section 58-2;
(4) Hospitals, nursing homes, schools, childcare facilities, jails, penal or
similar facilities with respect to any requirement that men and women
not be in the same room.
Sections 58-82 through 58-100 are hereby reserved.
ARTICLE V. FAIR HOUSING
Section. 58-101. Unlawful housing practices.
Except as otherwise provided herein, it shall be a prohibited unlawful practice:
(1) To refuse to sell, purchase, exchange, rent or lease, or otherwise deny or
withhold any housing accommodation from a person because of his or her
race, color, religion, familial status, handicap, sex, age, national origin,
gender identity, or sexual orientation;
(2) To discriminate against a person because of that person's race, color,
religion, familial status, handicap, sex, age, national origin, gender
identity, or sexual orientation in terms, conditions, or privileges of the
sale, purchase, exchange, rental, or lease of any housing accommodation
or in the furnishing of the facilities or services in connection therewith;
(3) To refuse to receive or transmit or negotiate a bona fide offer to sell,
purchase, exchange, rent or lease any housing accommodation from or to
a person because of his or her race color, religion, familial status,
handicap, sex, age, national origin, gender identity, or sexual orientation;
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(4) To represent to a person that any housing accommodation is not
available for inspection, sale, purchase, exchange, rental, or lease when
in fact it is so available because of that person's race, color, religion,
familial status, handicap, sex, age, national origin, gender identity, or
sexual orientation.
Section 58-102. Exceptions.
(a) Nothing in section 5 8- 101 shall apply to:
(1) The rental of a housing accommodation in a building which contains
housing accommodations for not more than two families living
independently of each other, if the owner or a member of his family
resides in one of the housing accommodations;
(2) The rental of one room or one rooming unit in a (portion of a) housing
accommodation by an individual (the occupant of the housing
accommodation or by the owner of the housing accommodation) if he or a
member of his family resides therein; or
(3) A religious institution, or an organization operated for charitable or
educational purposes, which is operated, supervised or controlled by a
religious corporation, association or society, to the extent that the religious
corporation, association, or society limits or gives preference in the sale,
lease, rental, assignment, or sublease of real property to individuals of the
same religion, or makes a selection of buyers, tenants, lessees, assignees,
or sublessees, that is calculated by such religious corporation, association,
or society to promote the religious principles for which it is established or
maintained.
(b) Nothing in this chapter shall be construed to affect the legal rights of a
private individual homeowner to dispose of his property through private sale without the aid of
any real estate operator, broker or salesperson, and without advertising or public display.
(c) Nothing in this article shall require a real estate operator to negotiate with
any individual who has not shown evidence of financial ability to consummate the purchase or
rental of a housing accommodation.
Sec. 58-103. Violations committed as agent for another.
It shall be no defense to a violation of this article by a real estate operator, real
estate broker, real estate salesperson, financial institution, or other person subject to the
provisions of this article that the violation was requested, sought or otherwise procured by a
person not subject to the provisions of this article.
Sections 58-104 through 58-130 are hereby reserved.
ARTICLE VI. ADMINISTRATION AND ENFORCEMENT.
Section 58-131. Conspiracy to violate chapter.
It shall be an unlawful practice for a person, or for two or more persons, to
conspire:
(1) To retaliate or discriminate in any manner against a person because he has
opposed a practice declared unlawful by this chapter, or because he has
made a charge, filed a complaint, testified, assisted or participated in any
manner in any investigation, proceeding, or hearing under this chapter; or
(2) To aid, abet, incite, compel, or coerce a person to engage in any of the acts
or practices declared unlawful by this chapter; or
(3) To obstruct or prevent a person from complying with the provisions of this
chapter or any order issued thereunder; or
(4) To resist, prevent, impede, or interfere with the city Human Rights
Commission, or any of its members or representatives, in the lawful
performance of duty pursuant to the Code of Ordinances of the city.
Section 58-132. Complaint procedure.
(a) An individual claiming to be aggrieved by an unlawful practice relating to
race, color, religion, sex, age, familial status, handicap or national origin may seek the
Commission's assistance in contacting the Kentucky Commission on Human Rights, or such
other applicable state or federal agency with which a complaint may be filed. The complaint
must be filed within six months after the alleged unlawful practice occurred. Upon such filing,
the Kentucky Commission on Human Rights, or other applicable state or federal agency will be
delegated all functions, duties, and powers with respect to investigating, conciliating, hearing,
determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or
matter regarding such claim.
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(b) An individual claiming to be aggrieved by an unlawful practice relating to
gender identity or sexual orientation may file with the Commission a written (sworn) complaint
stating that an unlawful practice has been committed, setting forth the facts upon which the
complaint is based, and setting forth the facts sufficient to enable the Commission to identify the
person(s) charged (respondent(s)). The complaint must be filed within six months after the
alleged unlawful practice occurred.
(1) Upon filing of the complaint, the Commission, or its designated
committee, shall, after notifying the City Manager's office, make a prompt
and full investigation of each complaint.
(2) If it is determined that there is no probable cause to believe that the
respondent is engaged in an unlawful practice, the Commission shall issue
an order dismissing the complaint
(3) If it is determined, after investigation, that there is probable cause to
believe the respondent has engaged in an unlawful practice, the
Commission shall endeavor to eliminate the alleged unlawful practice by
conference conciliation, and persuasion. The terms of the conciliation
agreement reached with the respondent may require him to refrain from
the commission of unlawful discriminatory practices in the future and
make such further provisions as may be agreed upon between the
Commission and the respondent. Except for the terms of the conciliation
agreement, neither the Commission nor any officer or employee thereof
shall make public, without the written consent of the complainant and the
respondent, information concerning efforts in a particular case to eliminate
an unlawful practice by conference, conciliation, or persuasion, whether or
not there is a determination of probable cause or a conciliation agreement.
(4) In any case of failure to eliminate the alleged unlawful practice by means
of conference, conciliation, and persuasion, the Commission shall hold a
public hearing to determine whether or not an unlawful practice has been
committed. The Commission shall serve upon the respondent a statement
of the charges made in the complaint and a notice of the time and place of
the hearing. The hearing shall be held not less than ten days after the
service of the statement of charges. The respondent shall have the right to
file an answer, to appear at the hearing in person or be represented by an
attorney, and to examine and cross-examine witnesses. A determination of
probable cause shall in no way create a presumption of a violation.
(5) If three-fourths of the Commissioners attending a duly constituted hearing
determine that the respondent has engaged in an unlawful practice, the
Commission shall state its findings of fact and conclusions of law and
shall issue an order requiring the respondent to cease and desist from the
unlawful practice. If the Commission fails to determine that the
respondent has engaged in an unlawful practice, the Commission shall so
state and shall issue an order dismissing the complaint.
(6) In connection with an investigation of a complaint filed under this
subsection, the Commission or its designated representatives at any
reasonable time may request access to the premises, records, and
documents relevant to the complaint and the right to examine, photograph,
and copy evidence, but all such evidence mot otherwise presented at a
public hearing shall be of a confidential nature.
(7) Where a real estate broker or a real estate salesperson has failed to comply
with any order issued by the Commission or has been found to have
committed an unfair housing practice in violation of this chapter, the
Commission shall notify in writing the president of the local real estate
board of the failure to comply or of the violation.
Sections 58-133 through 58-150 are hereby reserved.
SECTION B. Effective Date. This Ordinance shall be read on two separate days
and become effective upon summary publication pursuant to KRS 424.
SECTION C. Repeal of Ordinances. Upon the publication and on the effective
date of this ordinance, the following Chapter shall be repealed in its entirety and superseded with
this Ordinance: Chapter 58.
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MAYOR
ATTEST:
City Clerk
Introduced by the Board of Commissioners, December 12, 2017
Adopted by the Board of Commissioners, January 9, 2018
Recorded by City Clerk, January 9, 2018
Published by The Paducah Sun, January 11, 2018
\ord\58-Human Rights Commission repeal & replace
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