277665 WHITE - CITY CLERK • ���h� '��i_
PINK � - FINANCE �,J
CANARY - DEPARTMENT G I T Y O F S A�N T PA U L COl1IIC11
BLUE 3 MAYOR File N O.
II���
' • , O/ H�Z/L�Z/`CG Ordinance N O. ( � U�v
Presented By
Referred To Committee: Date -
Out of Committee By Date ' -
An ordinance amending Chapter 183 of the St. Paul I
Legislative Code to prohibit discrimination on the
basis of marital status and status with regard to public
assistance and to bring the ordinance into conformity '
with the State Human Rights Act with regard to certain !
defenses, procedures, and remedies. ,
THE COUNCIL OF THE CITY OF ST. PAUL DOES ORDAIN:
Section 1. That Section 183.01 of the St. Paul Legislative
Code is hereby amended to rsa d:
I
183.01. Declaration of policy. The council finds �'
' that discrimination in employment, education, housing, ',
public accommodations, and public services based I,
on race, creed, religion, sex, color, na.tional origin ;
or ancestry, familial status age e�i disabilityi '�
marital status or status wit re ard to ublic '
assis ance a verse y a ects t e ea t , we are, ,
peace an safety of the community. Persons subject ', �
to such discrimina.tion suffer depressed living '
conditions, poverty, and lack of hope, injuring �
the public welfare, placing a burden upon the public '
treasury to ameliorate the conditions thus produced,
and creating conditions which endanger the public peace ,
and order. The public policy of Saint Paul is de- i
clared to be to foster equal opportunity for all to ;
obtain employment, education, housing, public accom- ;
modations, and public services without regard to
their race, creed, religion, sex, color, national i
origin or ancestry, fat�ilial status, age e�i dis-
ability marital status or status with re ard to '
ublic assis ance, an s ric y in accor wit
t eir in ivi ua merits as human beings. (Code
COUNCILMEN �
Yeas Hunt Nays Requested by Department of: ` I,
Levine In Favor u �� � �
Maddox
McMahon
snowa�ter A gai n s t BY
Tedesco
�Ison i
i
Adopted by Council: Date Form Approved by ity Att rney �
Certified Passed by Council Secretary BY
By '
Approved by Mayor: Date Ap ro by Mayor for b ission to Council i
�
By BY
t �4! -' 1 ��'�:R
` ` �•
1956, as amended, § 74.01. )
Section 2. That Subdivisions 2, 3, 4 and 12 of Section
183.02 of the St. Paul Legislative Code are hereby amended to
read:
Subd. 2. Age. Prohibitions of discriminatory practices
with regard to age shall be limited to persons who have
passed the age of majority. With respect to dis-
criminatory practices in employment only, prohibitions
of discriminatory practices with regard to age shall
be limited to persons who have passed the age of
ma.jority but have not attained the age of 6� 70 years .
Subd. 3. Disability means a mental or physical condition
which constitutes a handicap. Nothing in this chapter
shall be construed to prohibit any program, service,
facility or privilege afforded to a person with a
disability which is intended to habilitate, re-
habilitate or accommodate that person. It is a
defense to a complaint or action brought under
this chapter that the person bringing the complaint
or action suffers from a mental or physical disability
which poses a serious threat to the health or safety
of the disabled erson or others . T e ur en of
proving is e ense is upon the respondent.
Subd. 4. Discriminate or discrimination includes
all unequal treatment of any person by reason of
race, creed, religion, color, sex, national origin
or ancestry, familial status, age e�, disabilityi
ma.rital status or status with re ard—to ublic
assistance.;-p�e�� e -� a�-� e-��pes���e�.-e -a
re��g�ex9-�es�-a9-a-bena-€�ele-eend���e�-e�-e�p�e�r-
�en�-b�-a-re��g�exs-e�gar���a��e�-91�a��-�.e�-een-
9���ti.�e-d�ee����.�.a��e�:
Subd. 12. Public accommodations includes every
business accommodation, refreshment, entertainment,
recreation, or transportation facility, whether
licensed or not, whose goods, services, facilities,
privileges, advantages, or accommodations are ex-
tended, offered, sold, or otherwise ma.de available to
the public. By way of example, but not of limitation,
"public accommodation" includes facilities of the
following types :
I
e
� • 3 2'�'��f5
(1) A facility providing service relating to
travel or transportation;
(2) A barber shop, beauty shop, bathhouse, swim-
ming pool, gymnasium, reducing salon, or other '
establishment conducted to serve the health,
appearance, or physical condition of the in-
dividual;
(3) A confort station, dispensary, clinic, hospital,
convalescent or nursing home or other institution
for ill or infirm, or a mortuary;
(4) A hotel, motel, resort, restaurant, or trailer
park.
However, nothin in this cha ter shall rohibit
iscrimination on t e asls o sex in suc acilities
as restrooms , oc er rooms an ot er simi ar p aces .
Section 3. That Section 183.02 of the St. Paul Legislative Code
is hereby amended by the addition of the following subdivision
16:
Subd. 16. Status with re ard to ublic assistance
means t e con ition o ein a reci ient o e eral
state or oca assistance, inc u in me ica ass�stance,
or o ein a tenant receivin e era , state or oca
su si ies , inc u ing renta assistance or rent supp e-
ments .
Section 4. Section 183.03 of the St. Paul Legislative Code is
hereby amended to read:
183.03. Prohibited actions in employment. Except
when based on a bona fide occupational qualification,
it shall be unlawful
(1) For a labor union because of race, creed, '
religion, color, sex, national origin or '
ancestry, age s�, disability, marital status
or status with regard to pub ic assistance
(a) To deny full and equal membership rights
to an applicant for membership or a member;
(b) To expel a member from membership;
� . . . ������
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(c) To discriminate against a member or
applicant with respect to hire, tenure,
referral, apprenticeship, compensation,
terms, upgrading, or other conditions or
privileges of employment; �
(d) To do or to commit any other act with respect
to an employee or applicant which arises out
of, or is activated by, consideration of race,
creed, religion, color, sex, national origin
or ancestry, age e� disability, marital
status or status with regard to pu ic assistance.
�
(2) For an employer, because of��ce, creed, religion,
color, sex, national origin,, ancestry, age e�,
disability�marital status or status with regard
to public assistance
(a) To refuse to hire an applicant for employment;
(b) To discha.rge an employee;
(c) To discriminate against an employee with
respect to hire, tenure, apprenticeship,
compensation, terms, upgrading, or other
conditions or privileges of employment;
(d) To do or to commit any other act with respect
to an employee or applicant which arises out
of, or is activated by, considerations of
race, creed, religion, color, sex, national
origin or ancestry, age e�, disability,
marital status or status with re ard to
pu ic assistance.
(3) For an employment agency, because of race, creed,
religion, color, sex, national origin or ancestry,
age e�i disability�marital status or status with
regard to public assistance
(a) To refuse or fail to accept, register, pro-
perly classify, or refer for employment any
person;
(b) To comply with any request by any employer
for referral of applicants if the request
indicates directly or indirectly that the
employer desires any limitation of applicants
to persons of particular racial, religious,
or national characteristics or in any other ,
way fails to comply with the requirements '
of this chapter; '
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(c) To do, or to commit any other act with
respect to an applicant for referral or
employment which arises out of, or is acti-
vated by, considerations of race, creed, i
religion, color, sex, national origin or
anaestry, age e�i disability, marital status
or status with regard to public assistance.
(4) For any labor union, employer, employment agency, '
or other person to require any applicant or employee
to furnish informa.tion respecting his race, creed,
religion, color, sex, national origin or ancestry,
age, e�, disability, marital status or status with
re ard to ublic assistance, except where require
y a governmenta agency. '
(5) For any person to circulate or publish any notice
or advertisement relating to employment or member-
ship in a labor union which indicates directly or
indirectly any preference, limitation, specificatio�,
or discrimination based upon race, creed, religion,
color, sex, national origin or ancestry, age e�
disability, ma.rital status or status with regar�
to public assistance.
The provisions of this section shall apply to a joint ,
labor-industry apprenticeship committee or board and
to each individual member thereof notwithstanding the
employer members of such committee or board are not
in fact the employer of an apprentice against whom an �
act of discrimination has been committed, to the extent '
the members of such committee or board participate
in the act of discrimination. ��-slqa��-r�e�-be-eer�s��e�ed
a-��e�a�}e�-e�-ax�*-p�e��s�ex-e€-�l�}s-see��ea-€e�-a
�e�}g}et�s-e�-see�a�}a�-e�gax}�a��e�-�e-�eq�.}�e-as-a
be�a-��de-eeet�ga��exa�-qt�a���ea��ex-�e�be�sl��p-�x-a
�e��g�exe-g�etj.�. (Code 1956, as amended, @74.03. )
Section 5. Chapter 183 of the St. Paul Legislative Code
is hereby amended by the addition of the following Section 183.031:
183.031. Employment exemptions .
(1) The provisions of section 183.03 sha.11 not apply
to:
(a) The em lo ent of an individual b his
arent, ran arent, s ouse c i or ran -
c i or in t e omestic service o any person;
(b) A reli ious or fraternal cor oration, associat'on
or societ , wit res ect to ua i ications ase
on re igion, w en re igion s e a ona i e '
occupational qualification for employment; ��,
. 6 �G! A��KJ
(c) An age restriction applied uniformly
and wit out exce tio�`all indiv�.uals
esta is e a ona i e a rentices i
pro�ram esta lished pursuant to Minnesota �I
Statutes, chapter 178, which limits participa-
tion to persons who enter the pro�ram prior to
s_ome specified a�e and the trade involved in the
pro r,�am predominantly involves hea�phvsical
labor or work on hit�h structures . Neither shall
the operation of a bona fide senioritv sr�stem
which ma.ndates differences in such things as
wa�es, hiring priorities . lav-off priorities .
vacation�credit, and job assi�nments based on
seniority, be a violation of the age discrimina-
tion provisions of this chapter, so lon� as
the operation of such svstem is not a subterfuge
to evade the nrovisions of Chapter 183
�d) With respect to age discrimination. a
practice wherebv a labor or�anization or emplover
offers or su�Flies varving insurance benefits
or other fringe benefits to members or emplor�
of differin� a�es , so long as the cost to the
labor or�anization or emplover for such benefits
is reasonablv equivalent for all members or emvlovee�s;
�e) A restriction imposed bv state statute. home
rule. cha.rter, ordinance. or civil service rule,
and applied uniformlv and without exception to
all individuals , which establishes a ma.ximum aQe
for entrv into emnlovment as a peace officer or
firefiQhter.
(f) Nothin� in this cha.pter concerninQ aQe dis-
crimination shall be construed to validate or
permit a�e requirements which have a disproportionate�
impact on persons of any class otherwise protected
bv this chapter.
(2) It is not a violation of this cha.pter for an emplo�s
em�lovment agencv or labor organization:
�a) to require a person to undergo �hysical
examination or ur oses o determinin t e
person s capa i ity to per orm avai a e employ-
ment; or
(b) to conduct an investi ation as to the erson' s
me ica istor or t e ur ose o eterminin t e
person s capa 1 ity to per orm avai a e emp oyment;
or
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(c) to limit receipt of benefits a able under
a frin�e enefit p�an for disa ilities to that
period of time which a licensed physician '
reasonably determines a person is unable to
work; or
(d) to provide special safetv considerations for
pre�nant women involved in tasks which are
�otentiallv hazardous to the health of the unborn
�hi1_d, as determined bX medical criteria.
Section 6. Section 183.04 of the St. Paul Legislative Code
is hereby amended to read:
183.04. Affirmative requirements in employment. All
city contracts shall include the following provisions ,
which may be incorporated by ref�rence to this section:
During the performance of this contract, the contractor
agrees as follows:
(1) The contractor will not discriminate against any
employee or applicant for employment because of
race, creed, religion, color, sex, national
origin or ancestry, age e�, disability, marital
status or status with re ard to ublic assistance.
e contractor wi ta e a irnna i�e action to
insure that applicants are employed and that employees
are treated during employment without regard to
their race, creed, religion, color, sex, national
origin or ancestry, age e�i disability, ma.rital
status or status with re ard to ublic ass�stance.
Such action will include, ut not be imited to,
the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms
of compensation; and selection for training,
including apprenticeship. The contractor agrees
to post in conspicuous places available to his
employees and applicants for employment notices
to be provided by the department of human rights
setting forth the provisions of this nondiscrimina-
tion clause.
(2) The contract will, in all solicitations or ad- ,
vertisements for employees placed by or in behalf
of the contractor, state that all qualified
applicants will receive consideration for employ-
ment without regard to race, creed, religion, color,
sex, national origin or ancestry, age e�, disability^
ma.rital status or status with regard to public
assistance.
I
8 �����,.1
(3) The contractor will send to each union or
representative of workers with which he has
a collective bargaining agreement other contract
or understanding a notice to be �ovided by the
director of human rights advising the labor union
and workers ' representative of the contractor' s
commitment under this ordinance and shall post
copies of the notice in conspicuous places avail-
able to employees and applicants for employment.
(4) The contractor will comply with all provisions
of Chapter 183 of the Saint Paul Legislative Code,
and of the rules , regulations and relevant orders
of the human rights commission issued pursuant
thereto.
(5) The contractor will furnish all information and
reports required by Chapter 183 of the Saint Paul
Legislative Code, and by the rules , regulations
and orders of the human rights commission issued
pursuant thereto, and will permit access to his
books , records and accounts by the department
of human rights for the purpose of investigation
to ascertain compliance with such rules, regulations
and orders .
(6) In the event of the contractor' s non-compliance
with the non-discrimination clauses of this contract
or with any of such rules , regulations, or orders ,
this contract may be terminated or suspended in
whole or in part, and the contractor ma.y be de-
clared ineligible for further city contracts, and
such other sanctions may be imposed and remedies
invoked as provided by Chapter 183 of the Saint
Paul Legislative Code, or by rule, regulation or
order of the human rights commission, or as other-
wise provided by law.
(7) The contractor will include the provisions of
this chapter in every subcontract so that such
provisions will be binding upon each subcontractor.
(8) Each contractor having a contract with the city
shall file and shall cause each of his subcontractors
to file compliance reports with the department
of human rights as ma.y be required by the director.
Compliance reports shall be filed within such
time and shall contain such information as to the
practice, policies, programs and employment policies
and employment statistics of the contractor and
each subcontractor and shall be in such form as ,
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the director of the department of human rights
may prescribe with the approval of the human
rights commission. I
(9) In any contract with the city subject also to the
requirements of Executive Order 11246 for the filing
of "Compliance Reports" or such other information
and reports as may be required by the government
of the United States in providing for equal
opportunity in federal employment, proof of satis-
faction of such federal requirements shall be
deemed and considered as full compliance with the
requirements of Section 183.04, subsections 1, 2,
3, 8, 9 .
(10) The director of the department of human rights
shall be responsible for the administration and
enforcement of this section pursuant to such rules,
regulations and orders as the hu.man rights commission
may deem necessary and appropriate to achieve the
purpose of this section. Failure to comply with
such rules, regulations and orders shall be subject
to the civil and criminal enforcement provisions
of this ordinance. (Code 1956, as amended, @74.03A. )
Section 7 . Section 183.05 of the St. Paul Legislative Code
is hereby amended to read:
183.05. Prohibited acts in education. No person shall
discriminate, on grounds of race, creed, religion,
color, sex, national origin or ancestry, age e�i disabili;tyi
marital status or status with re ard to ublic assistanc�,
wit respect to access to, use o , or ene it rom
any institution of education or services and facilities
rendered in connection therewith, except that a school
operated by a religious denomination ma.y require member-
ship in such denomination as a condition of enrollment.
Nothing in this chapter sha.11 be construed to require
any educational institution to provide any special -
service to any person or to modify in any manner its
existing buildings, grounds , facilities or admission
procedures because of the disability of any such person.
(Code 1956, as a.mended, @74.04. )
Section 8. Section 183.06 of the St. Paul Legislative Code
is hereby amended to read:
183.06. Prohibited acts in housing. It shall be un- �
lawful
. . . �'��t�5
- �o
(1) For any person to discriminate on grounds
of race, creed, religion, color, sex, national
origin or ancestry, familial status, age
e� disability, marital status or status
with re ard to u ic assistance in t e sale,
ease or renta o any ousing unit or units .
(2) For any broker, agent, salesma.n or other persor�
acting in behalf of another to so discriminate
in the sale, lease, or rental of any housing
unit or units belonging to such other person.
(3) For any person engaged in the business of
financing the purchase, reha.bilitation, re-
modeling or repair of housing units or in
the business of selling insurance with respect
to housing units to refuse to provide such
financing or insurance or to discriminate
with regard to the terms or conditions thereof
by reason of the race, color, sex, religion,
creed, national origin or ancestry, familial
status, age e�, disability, marital status
or status with regard to pu ic assistance
of the applicant or because of the location
of the unit or units in areas of the city
occupied by persons of a particular race,
color, sex, religion, creed, national origin
or ancestry, familial status, age e�� dis-
ability, marital status or status with re ard
to ublic assistance; or to iscrimina e y
treating i eren T any person or group of
persons who desire to purcha.se, lease, acquire,
construct, rehabilitate, repair or maintain
real property in a specific urban area because
of social, economic or environmental conditions
of the area in the granting, withholding,
extending, modifying or renewing, or in the
rates, terms, conditions , or privileges of
any such financial assistance or in the ex-
tension of services in connection therewith.
Additionally, all persons engaged in the
commercial acti�es stated herein shall post
a sign in their establishments, readily
viewable by members of the public, which shall
quote the sections of this ordinance which
apply to the business transacted therein and
state that complaints may be referred to the
Saint Paul department of human rights .
� 11 �G n �f t��.,.1��
The bona fide programs of federal, state
or local governmental units or agencies ,
however structured or authorized, to up-
grade or improve in any manner a specific
urban area shall not be deemed to be a
violation of this section.
(4) For any person, having sold, leased, or rented
a housing unit or units to any person, to
discriminate with respect to facilities,
services , or privileges of occupancy by reason
of race, color, sex, creed, religion, national
origin or ancestry, familial status, age e�,
disability, marital status or status with
r�e a_�rd to pu ic assistance, except t at nothing
in�is clause s'�11 be construed to prohibit
the adoption of reasonable rules and regulations
intended to protect the safety of minors in
their use of the real property or any facilities
or services furnished in connection therewith.
(5) For any person to make or publish any statemen�
evidencing an intent to discriminate, on grounds
of race, creed, religion, color, sex, national
origin or ancestry, familial status , age e�,
disability mari.tal status or status with re ard
to ublic assistance in t e sa e, ease or
renta o a ou�ing unit or units , except that
nothing in this clause shall be construed
to prohibit the advertisement of a dwelling
unit as available to adults-only if the person
placing the advertisement reasonably believes
that the provisions of this section prohibiting
discrimination because of familial status
do not apply to the dwelling unit.
(6) For any person to make any inquiry regarding
race, color, sex, creed, religion, national
origin or ancestry, familial status, age
e�i disability, marital status or status
with re ard to ublic assistance, or to keep
any recor or use any orm o application de-
signed to elicit such informa.tion, in connection
with the sale, lease, rental, or financing
of a housing unit or units , except tha.t nothing
in this clause shall be construed to prohibit
inquiry or records regarding familial status
if the person making inquiry reasonably believes
that the provisions of this section prohibitin�
discrimination because of familial status
do not apply to the dwelling unit.
. � , " ?� :' ����
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(7) For any person, for the purpose of inducing
a real estate transaction from which he ma.y
benefit financially,
(a) to represent that a change has occurred
or will or ma.y occur in the composition
of the block, neighborhood, or area
in which the property is located, in respect
of the race, color, sex, creed, religion,
national origin or ancestry, familial
status , age e�, disability, marital
status or status with regard to pu lic
assistance of those iving there; or
(b) to represent that this change will or
ma.y result in the lowering of property
values, an increase in crime, or anti-
social beha.vior, or a decline in the
quality of schools in the block, neigh-
borhood, or area concerned.
(8) Nothing in this chapter shall be construed
to require any person or group of persons
selling, renting or leasing property to modify
the property in any way, or exercise a higher
degree of care for a person having a disability
than for a person who does not have a dis-
ability; nor shall this chapter be construed
to relieve any person or persons of any ob-
ligations generally imposed on all persons
regardless of any disability in a written
lease, rental agreement, or contract of pur-
chase or sale, or to forbid distinctions '
based on the inability to fulfill the terms
and conditions, including financial obligation� ,
of such lease, agreement or contract.
(9) Notwithstanding the provisions of any law or
ordinance to the contrary, no person shall
be deemed to have committed an unfair dis-
criminatory practice based upon age if the
unfair discriminatory practice alleged is
attempted or accomplished for the purpose
of obtaining or ma.intaining one of the exemptions
provided for a dwelling unit provided for
in Section 183.07 . (Code 1956, as amended,
�74.05 . )
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Section 9. Section 183.07 of the St. Paul Legislative Code
is hereby amended to read:
183.07 . Housing exemptions .
(1) The provisions of Section 183.06 prohibiting dis-
crimination because of familial status shall not
be construed to defeat the applicability of any
local, state or federal restrictions regarding
the ma.ximum number of occupants permitted to occupy
a dwelling unit and shall not apply to
(a) any unoccupied dwelling unit in one building
of a housing complex consisting of two buildings
or, in a housing complex consisting of three
or more buildings, any unoccupied dwelling
unit in up to one-third of all buildings
in the housing complex. For the purposes
of this clause, "housing complex" means a
group of buildings each containing five or
more units on a contiguous parcel of land
owned by the same person. A building shall
not be exempt pursuant to this clause unless
the owner has filed an election to designate
the building as exempt with the Minnesota human
rights commission, pursuant to Minnesota
Statutes, Section 363.03; or
(b) any unit in a condominium created p�rior to
the effective date of this section, any unit
in a condominium, other than a condominium �
conver�ed from a residential dwelling, created
on or after the effective date of this section,
and any unit in an adults-only condominium
created from an existing adults-only rental
building on or after the effective date of
this section; or
(c) an unoccupied dwelling unit in any building
in which at least a majority of the dwelling
units are occupied by elderly persons or are
unoccupied and available for occupancy solely
by households of which at least one member
is an elderly person; or
(d) any owner occupied building containing four
or fewer dwelling units; or
(e) an unoccupied unit in any building which is
the subject of a valid certificate filed with
the Minnesota commissioner of human rights
pursuant to Minnesota Statutes , Section 363.02,
subd. 2; or
r
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(f) any unoccupied dwelling unit of up to one-
third of the units in a building that is
not part of a multi-building complex and for
which the owner has filed an election to
designate the unit as exempt with the director
of the Saint Paul human rights department;
or
(g) any adult-only residential buildings which are
exempt under the provisions of Laws of Minnesota
for 1980, Chapter 531, Section 11 . (Code
1956, as amended, �74.05A. )
lOrd. 16729, adopted Nov. 13, 1980, effective
Dec. 21, 1980.
(2) The rovisions of Section 183.06 of the Le islative
o e s not app y to
(a) rooms in a tem orar or erma.nent residence
ome run y a nonpro it organization, i t e
aiscrimination is y sex; or
(b) the rental b an owner or occu ier of a one-
ami accommo ation in whic e resi es
o a room or rooms in such accommodation to
another person or persons if the discriminatior�
is by sex, marital status , status with regard
to public assistance or disability.
Section 10. Section 183.09 of the St. Paul Legislative Code '
is hereby amended to read:
183.09. Prohibited acts in public services . No person
shall discriminate against any person, on grounds of
race, color, sex, creed, religion, national origin
or ancestry, age e�i disability or status with re ard
to ublic assistance, with respect to access to, a -
mission to, u utilization of, benefit from, or im-
partial and equal administration of any public service.
(Code 1956, as amended �74.07 . )
Section 11. Section 183. 14(1) of the St. Paul Legislative
Cod� is hereby amended to re ad:
(1) To foster, through education, conciliation and
persuasion, the preparation of legislation and
policies for action by governmental and private
units , and through such other methods as he shall
deem fit, the nna.ximum possible degree of equal
opportunities and •equal rights for all persons ,
regardless of race, creed, religion, color, sex,
,
' � • 15 �����
national origin or ancestry, familial status,
age e�, disability, marital status or status with
regard to public assistance.
Section 12 . Chapter 183 of the St. Paul Legislative Code
is hereby amended by the addition of the following Section 183. 161:
183. 161. In'unctions. If at an time after
t e i in o a c ar e t e irector as reason
to e ieve t at a res on ent as en a e in an
un awfu discriminatory practice, the irector
may file a petition in the district court in the
county in which the subject of the complaint occurs ,
or in a county in which the respondent resides or
transacts business , seekin� appropriate temporary
relief asainst the respondent. pendin��final de-
termination of proceedinr�s under this chapter, in-
cludin� an order or decree restraining him from
doin� or procuring an act tendin�, to render in-
effectual an order the director mav enter with
respect to the complaint. The court shall have
�ower to grant temForarv relief or a restrainin�
ord r a� i t cl Pm� �liGt and ���e_r� biit no rel ief or
order extendin� beyond ten davs shall be Qranted
except by consent of the respondent or after hearing
upon notice to the respondent and a findin� by the
court that there is reasonable cause to believe
tha.t the res ondent has en a ed in a discriminator
ractice. Exce t as modified this section,
t e innesota ru es o civi roce ure s a a 1
to an app ication, an t e istrict court s a
ave au ori y o gran or eny suc re ie sought
on con i ions as it eems us an equi a e.
earings un er t is section s a e iven
recedence as nearl as ractica e over all other
pen in� civil actions .
Section 13. Section 183. 18 of the St. Paul Legislative Code
is hereby amended to re ad:
183. 18. Civil enforcement procedure. Except as other-
wise provided for violation of Section 183.04, civil
enforcement procedures shall be prosecuted by the
director before the commission in the following ma.nner:
(1) The director shall serve upon the respondent by
certified mail a complaint, signed by him, which
shall set forth a clear and concise statement of
the facts constituting the violation, set a time
I
- , - 16 ����,�,�5
and place for hearing, and advise the respondent
of his right to file an answer , to appear in person
or by an attorney, and to examine and cross-examine
witnesses.
(2) The hearing shall not be less than 20 days after
service of the complaint. At any time prior to the
hearing the respondent may file an answer. Facts
not denied by answer shall be deemed admitted.
If the answer sets out new matter, it shall be
deemed denied by the director.
(3) The complaint or answer- may be amended at any time
prior to the hearing with the consent of the opposi�g
party.
(4) Hearings shall be before a panel of three commissioners
designated by the chairman, presided over by an
attorney who is not a member of the commission as
chairman and law officer. All members of a panel
shall be paid $l0 � per hour spent in performance
of their duties ; provided, however, that the payments
hereunder shall not exceed for any person $1,500
per year. The law officer shall rule on all legal
questions presented but shall not participate
in the panel ' s deliberations. The arties shall
not be bound b the Minnesota Ru es o vi ence
an t e aw o icer ma a mit evi ence w ic
possesses pro ative va ue common y accepte by
reasonable rudent ersons in tFie conduct o�heir
a airs. e aw o icer s a ive e ect to t e
ru es o rivi e e reco nize aw an ma exc ude
incompetent, irre evant, immateria an repetitive
evidence.
(5) The director may obtain subpoenas from the dis-
trict court to compel the attendance of witnesses
and the production of documents at any hearing.
(6) If, after hearing, the panel shall conclude that
a violation has occurred, it shall prepare an
order which may contain any provision deemed de-
sirable to do justice to the complainant or to
prevent further violations , and, in all cases, may
also order the respondent to pay an aggrieved
party who has suffered discrimination puntive
damages in an amount up to $�;AA9 $6,000. The
order ma include dama es for ment� uis'-�r
su erin in t e awar o com ensator ama. es .
t may inc u e provisions w ic require t e
respondent to rent, sell, or lease particular
housing to the complainant, place or reinstate
i
� . � �����5
. • � 17
him in a particular job with or without back
pay, file periodic compliance reports , or to do
any other thing as may be just. The panel ' s
findings of fact and order shall be served on
the com lainant and respondent and each member
of t e commission y mail and shall '_become the
findings and order of the commission unless , within
�e� �thirty days after mailing of the findings and
order;t�e commission shall revoke or amend the
order and or findin s bx�-a��-e��e�-e�-a-pa�e�
�a.�-be-Fxe � �e - �*-� e-ee�}es�e�-a�-ar��*-���e.
Whether or not the commission revokes or amends
t e in in s an or er o t e ane t e com ainant
an res on ent s a e serve mai wit t e ina.l
order of the commission a ter the ex iration of the
t irt a s rom t e service o t e ane s in in s
an or er.
(7) Any indigent respondent subject to a complaint filed
by the director who appears at a hearing or hearings
thereon before the commission or a panel thereof
shall be entitled to have his reasonable attorneys '
fees , not to exceed $350, arising out of preparation
for or appearance at such commission or panel
hearing or hearings , paid from the funds of the
department at the conclusion of proceedings in
the case.
(8) When the director determines that violation of
Section 183.04 has occurred, he shall serve on
the respondent by certified mail, in addition to
those notices required by subsection (1) of this
section, a copy of his proposed findings and appli-
cation for an order enforcing such findings. The
director' s proposed findings and his proposed
order shall also be served upon each member of
the commission. The commission, at a public hearing
held for this purpose, shall review the director' s
proposed order and may modify it in any manner
as may be just. For purpose of obtaining judicial
review by any respondent aggrieved hereunder,
administrative remedies shall be deemed exha�u.sted
and the order of the commission shall be deemed
final u on issuance. (Code 1956, as amended
�74. 13.�
I
WNITF - CITY CLERK (J��A{ h�1
PINIC_ - �FIqA�NCE COIlI1C11 `^'p7� - ��1��J�
CANARY� DEPARTMENT G I T Y O F S A I N T PA U L '
BLUE . MAYOR File N O.
� � � I / /
Ordin�znce Ordinance N0. �(D O I(D�
Presented By 'I
Referred To Committee: Date
Out of Committee By Date
18
Section 14. Section 183.19 of the St. Paul Le�slative Code
is hereby amended to read:
183.19. Judicial enforcement and review. i�ge�.-apg��ea��e�
e�-�k.e-���ee�e�-��.��e�a�-e�€e�ee�e�.�-e -ee�}ee�e�-e�de��
�a�-be-�e.� the director ma obtain 'udicial enforcement '
of commission or ers an an art a rieve ma o tain
u icia review o commission or ers in t e ma.nner
provi e y t e aws o innesota or 1965, Chapter 866.
Section 15. This ordinance shall be deemed a part of the
St. Paul Legislative Code and shall be incorporated therein at
the time of the next revision of the Legislative Code.
Section 16. This ordinance sha.11 take effect and be in force
� thirty (30) days from and after its passage, approval and publication.
COUNCILMEN Requested b Department of:
Yeas Nays
H��t � c
Levine In Favor
Maddox
McMahon
Showatter � Against BY
Tedesco
VlRiaew
Adopted by Council• Date �C � � 198, Form Approved by City Att ney
Certified P o cil et BY
By
Appr by Mayor: C � 1�t Approved by Mayor for Submission to Council
By BY
UBUSFiED D E C 19 1981 i
/HITE - GTY CLERK ' � �
.J
INK - FINANCE COt1IlC11 �
;ANARY - QEPARTMENT (�j I TY OF SA I NT PALT L - " �°` ��9.�
iLUE - MAYOR File N O.
•
Or indnce Ordinance N0. f � � �O v
'resented By
Referred To Committee: Date
Out of Committee By Date
An ordinance amending Chapter 183 of the St. Paul
Legislative Code to prohibit discrimination on the
basis of ma.rltal status and status with regard to public
assistance and to bring the ordinance into conformity
with the State Human Rights Act with regard to certain '
defenses, procedures, and remedies.
THE COUNCIL OF THE CITY OF ST. PAUL DOES ORDAIN:
Section 1. That Section 183.01 of the St. Paul Legislative
Code is hereby amended to r� d:
183.01. Declaration of policy. The council finds
that discrimination in employment, education, housing,
public accommodations , and public services based
on race, creed, religion, sex, color, national origin
or ancestry, familial status age e�i disabilityi
marital status or status wit re ard to��u�blic
assistance a verse y a ects t��alt ,�weTfare,
peace an safety of the community. Persons subject
to such discrimination suffer depressed living
conditions, poverty, and lack of hope, injuring
the public welfare, placing a burden upon the public
treasury to ameliorate the conditions thus produced, �
and creating conditions which endanger the public peace
and order. The public policy of Saint Paul is de-
clared to be to foster equal opportunity for all to
obtain employment, education, housing, public accom-
modations, and public services without regard to
their race, creed, religion, sex, color, national
origin or ancestry, familial status , age e�i dis-
abilityi marital status or status with_regard to
ublic assistance, an strictly in accor wit
t eir in ivi ua merits as human beings. (Code
COUIYC[LMFH
ileas Nays Requested by Department of:
Hunt '�
Levine --- �,���l til-- �` ----
Maddox In Favor
McMahon '
Showalter Against BY -- — -
Tedesco
W Ison
Form Approved by ity Att rney
�dopted by Council: Date --
:ertified Passed by Council Secretary By --------
By
\pproved by Mtayor: Date Approved by Mayor for Submission to Council
BY -- BY - -
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Ebuac32�romsa Joaaa� Sho+n►lt�tr. ` ,
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. Chs►lroesi, ,LeglaUt�iocr 'Qoesittee .. '`
?th Flc�or, City H411 : ,
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' ' - ,Z'!�� Cit� Cpuncil r�ferr�d to th�e I�gis�.at��► IJ�nitter for •
,. - Cori�id�rotion'awd recom�nitndatltoa, ati, o�tineR� C.F. 2't'"�� . _ .
: ,sm�ndi�g (�aP�eZ' 1g3 of tl� �.�gibLt�� t� �ro as��o- �rbh�la3t ,
,
dtserisoinatiott on 'h�ie be,s3s oP ma�1t+� i�atus `�d rta�us �w�tm. �.
. re�r�d Lo public aaaietance,
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� � OM O 1 : �� 12/I9�: '� � �
Rev. . 9/8/� �
Rev. : 5/7/8
EXPLANATION QF ADMINISTRATIVE ORDERS, P,ev. : 4/30� I.
RESOLLJTIONS AND ORDINANCES
. � ��'f"�� 5
Date: October 20, 1981 �
` . ?
TO: Mayor George Lat ime �Z U�,(7�
FROM: Johannes Huyen
g�; HumaaRights Ordinance .
_ � ACTION REQUESTED:
Mayor's Appronal and Signature
PURPOSE AND RATIONALE FOR THIS ACTION:
To update the St. Paul Human Rights Ordinance, to make it conP rm
Mith the Minnesota Human Rights, and to prevent conPusion aris ng
�� out of the difPerences between the State 3tatiute and the City
Ordinance.
. �
F INANC I�I, IDIPACT:
;
None.
ATTACHMENTS:
/f��' . l`1 (�ITY OF �AIN'T P.E1U'L
� . / Rb�S,� •��ic � . ' .... .. � .
T't.:. ...._� ;�L', .
:;-�' �(j� '�, OFFICE OI' TIIE CITY C4UNCIL '
/� � , \��l
,� 4.=, _�� �..�
� ,; ,
�-_,..
,,,,K,� -� ` Da t e : November 24, 1981
r;��:
. CQIl� i� iTT� E REPORT I
T0 : Saint Pau! City Cvuncil
FR� � � C�omrr�i�tee on Legislation
Joanne Showalte,�, choirman, makes the foifowing , i
. ,..�--� ,
report on C.F.`' 277665 �] 0rdinance
❑ Resofution
- [� Ofiher
T i T LE : An ordi nance amendi ng Chapter 183 of the Legi s]ati ve
Code so as to prohibit discrimination on the basis
of marital status and status with regard to public
assistance.
At its meeting of November 24, 1981, the Committee
� recommended approval of the ordinance. �
. �
�
CITY I-IALL SEVENTH FLOOR SAINT PAUL, MINNESOTA; 55102
�::.::�=�"_:
�
��
I s C_��__ /�� �� �,� __..
2nd
3rd � p� "' �
� g � Adopted �� — �Q — ���
Yeas Nays
HUNT
J � � c� �
LEVINE
McMAHON ����41
� SHOWALTER
TEDESCO U '
WILSON
PRESIDENT �
(MADDOX) � .