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AN ORDINANCE INTEGRATING THE DULUTH NONBINARY, QUEER, TRANS, TWO SPIRIT, LESBIAN, GAY, BISEXUAL, INTERSEX, AND ASEXUAL COMMISSION INTO THE DULUTH HUMAN RIGHTS COMMISSION AND REPEALING ARTICLE XXXVII (37) OF CHAPTER TWO OF THE DULUTH CITY CODE AND AMENDING ARTICLE I OF CHAPTER 29C TO ADD A NQT2SLGBIA COMMITTEE WITHIN THE HUMAN RIGHTS COMMISSION.
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BY COUNCILOR KENNEDY:
The city of Duluth does ordain:
Section 1. That Article XXXVII of Chapter 2 of the Duluth City Code is hereby repealed in its entirety.
Section 2. That Section 29C-1 of Chapter 29C of the Duluth City Code be amended as follows:
Sec. 29C-1. Declaration of policy and purpose.
The city council of the city of Duluth finds that discrimination because of race, color, creed, religion, national origin, age, sex, sexual orientation, marital status, status with respect to public assistance, disability and familial status and discrimination in connection with real property financing or loans because of the social, economic or environmental conditions in which the real property is located, adversely affects the welfare of persons in the city of Duluth. Such discrimination detracts from the dignity and morale of persons in the city and adversely affects the functioning of democracy in the city. The principal purpose of this Chapter is to establish and further certain human rights in the situations hereinafter described. This Chapter shall be con-strued to set a public standard which is enforceable through compliance actions by the city of Duluth. Discriminatory practices which violate such rights are hereby declared to be unlawful and the adoption of this Chapter is deemed to protect such rights.
The policies and purposes inherent in this Chapter are:
(a) To encourage all persons in the city to join in the establishment and preservation of certain human rights;
(b) To declare that all persons in the city shall have, as certain civil and human rights, opportuni-ties for obtaining credit, education, employment, public accommodations, public services and housing and real property, without regard to race, color, creed, religion, national origin, age, sex, sexual orientation, marital status, status with respect to public assistance, disability and familial status;
(c) To prohibit and prevent discriminatory practices based on race, color, creed, religion, national origin, age, sex, sexual orientation, gender identity, marital status, status with respect to public assistance, disability and familial status;
(d) To protect all persons from unfounded charges of discrimination;
(e) To effectuate the aforesaid policies and purposes by providing information, education, mediation, conciliation and enforcement;
(f) To resolve complaints in an expeditious manner and to support the ability of parties to resolve complaints through dispute resolution processes.
Nothing in this Chapter shall be interpreted to restrict or prohibit the implementation of any positive or affirmative action program which is authorized by any law or court order to counter discrimination.
Section 3. That Section 29C-2 of Chapter 29C of the Duluth City Code be amended as follows:
Sec. 29C-2. Definitions.
For the purposes of this Chapter, the definitions contained in Minnesota Statutes Section 363A.03, as it may be amended from time to time, are incorporated by reference into this Section. In addition, the following words and phrases shall have the meanings given them.
Commission. The Duluth human rights commission.
Complainant. The charging party.
Authorized community organization. A community organization selected and trained by the commis-sion which agrees to work cooperatively with the commission and to undertake investigations consistent with the requirements of this Chapter.
Respondent. A person against whom a complaint has been filed or issued.
Rules. Rules to implement the provisions of this Chapter, and adopted by the human rights commis-sion.
Section 4. That Section 29C-4 of Chapter 29C of the Duluth City Code be amended as follows:
Sec. 29C-4. Same--Terms of office, qualifications, compensation.
(a) The nine persons first appointed and approved for membership on the commission shall be appointed for the following terms: three persons shall be appointed for three years, three persons shall be appointed for a term of two years; three persons shall be appointed for a term of one year. Thereafter, any person appointed to the commission shall be appointed for a term of three years. Any member or former member may be reappointed for up to two full terms. The commission members should broadly represent the city’s diverse population, with consideration of race, religion, ethnicity, heritage, national origin, gender, gender identity, sexual orientation, disability, veteran status, socioeconomic status, geographic location within the city, housing status and age. Members shall serve service without compensation.
(b) The commission shall establish a committee to address concerns of persons who are nonbinary, queer, trans, two spirit, lesbian, gay, bisexual, intersex or asexual (NQT2SLGBIA) consistent with the commission’s purpose.
(c) The commission shall appoint members to the committee established in Sec. 29C-4(b). Committee appointments will be for three years and any member may be reappointed for up to two full terms. The committee may have up to five members and will elect a chair from among its members. The committee chair shall serve as voting members of the commission and shall have one vote. A majority of the members of the committee shall be residents of Duluth.
(d) The committee shall have the following duties:
(1) To advise the mayor and city council through the commission about issues concerning services, policies, procedures, and facilities that are of concern to the NQT2SLGBIA community;
(2) To increase public understanding and acceptance of the NQT2SLGBIA community;
(3) To provide consultation, research and information to the commission and the Human Rights and Equity Officer on issues that impact the NQT2SLGBIA community;
(4) To recommend, through the commission, city council legislation that empowers and promotes the NQT2SLGBIA community; and
(5) To assist the commission in fostering programs that will increase the NQT2SLGBIA community involvement in all aspects of community affairs.
Section 5. That Section 29C-6 of Chapter 29C of the Duluth City Code be amended as follows:
Sec. 29C-6. Human rights and equity officer.
There is hereby established the position of human rights and equity officer, which position shall have the following powers and duties:
(a) Assist the commission in performing its duties.
(b) Design orientation and ongoing training for city staff, councilors and city boards and commissions on matters related to human rights, discrimination, equity, and opportunity.
(c)Serve as the liaison to the city council on matters being addressed under this Chapter
(d) Directing, coordinating and overseeing the process used for receiving complaints of discrimination under this ordinance;
(e) Investigating discrimination complaints;
(f) Presenting evidence obtained during an investigation to the commission in order to enable the commission to determine if there is probable cause to believe that a violation of this Chapter has occurred which relates to discrimination;
(g) At any time after a complaint is filed, facilitating mediation or other alternative dispute resolution procedures between the complainant and the respondent;
(h) Taking any actions necessary to secure compliance with this Chapter, including litigation;
(i) Supervising staff; administering programs related to discrimination and affirmative action; providing resources to public and private organizations about discrimination and remedies; preparing budgets and grant proposals and administering grants.
The human rights and equity officer shall be appointed by the mayor with the approval of the city council. The human rights and equity officer may only be removed by the mayor with the approval of the city council or upon the end of the mayor’s term in office. The mayor shall consult with the chair of the human rights commission in the appointment process.
Section 6. That Section 29C-8 of Chapter 29C of the Duluth City Code be amended as follows:
Sec. 29C-8. Violations.
(a) No person shall commit an unfair discriminatory practice;
(b) No person shall intentionally engage in any economic or other reprisal against any person because that person has opposed any conduct forbidden under this Chapter or has filed a complaint, testified, assisted or participated in any investigation, proceeding, or hearing under this Chapter, or because that person has associated with a person or group of persons of a certain or different race, color, creed, religion, national origin, age, sex, sexual orientation, gender identification, marital status, status with respect to public assistance or disability;
(c) No person shall intentionally aid, abet, incite, compel or coerce a person to engage in any conduct forbidden by this Chapter;
(d) No person shall intentionally attempt to aid, abet, incite, compel or coerce a person to engage in any conduct forbidden by this Chapter;
(e) No person shall intentionally obstruct or prevent any person from complying with any provision of this Chapter, or resist, prevent, impede or interfere with the commission or any of its members or representatives in the performance of a duty under this Chapter.
Section 7. That this ordinance shall take effect 30 days after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this ordinance is to improve equity, increase efficiency, and strengthen the impact of the human rights-related work in the city of Duluth by incorporating Duluth Nonbinary, Queer, Trans, Two Spirit, Lesbian, Gay, Bisexual, Intersex, and Asexual Commission into the Duluth Human Rights Commission. This consolidation will provide a unified platform to advise the mayor and city council on matters of discrimination, inclusion, equity, accessibility, and community representation for the nonbinary, queer, trans, two spirit, lesbian, gay, bisexual, intersex, and asexual community