An ordinance creating an amended and new CHAPTER 12 Art. II and Art. III Sec. 12-59 "HUMAN RELATIONS" providing a HUMAN RIGHTS ADVISORY AND AWARENESS COMMISSION (HRAAC) to initiate mediation of complaints or potential complaints of unlawful discrimination in employment practices, fair housing code, public accommodations practices, intimidation or bullying practices, reprisal or retaliation practices based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity and source of income for the City of Kirkwood, Missouri.

Whereas, pursuant to Section 8.2 of the city charter, a group of registered voters commenced an initiative proceeding by forming a petitioner's committee and submitting initiative petitions signed by the appropriate number of registered voters within the City of Kirkwood's and

WHEREAS, the CITY CLERK has certified the appropriate number of required signatures; and

"WHEREAS", the city clerk has certified the appropriate number of required signatures; and whereas, pursuant to Section 8.6 of the city charter, the city council shall consider the proposed initiative ordinance and adopt such proposed ordinance without any change in substance within sixty (60) days or shall submit the proposed ordinance to vote.

NOW, THEREFORE, BE IT ORDIANED BY THE PEOPLE OF THE CITY OF KIRKWOOD, MISSOURI, AS FOLLOWS:

SECTION 1. The code of ordinances of the City of Kirkwood is hereby amended by adding an amended and new CHAPTER 12 Art. II and Art. III Sec. 12-59 "HUMAN RELATIONS" to read as follows:

ARTICLE II.  HUMAN RIGHTS ADVISORY AND AWARENESS COMMISSION

Sec. 12‑31.  Created; composition; appointment, qualification of members.

            A Human Rights Advisory and Awareness Commission is hereby created and established which shall consist of fifteen (15) members (including fourteen (14) adult members of the community and one youth member of age fifteen (15) when selected) broadly representative of the race, color, religion, national origin, sex, age, marital status, domestic partnership, disability, familial status, sexual orientation, gender identity, or source of income constituents of Kirkwood, who shall be nominated by ten (10) registered voter residents and appointed by the council, and serve without compensation. Two-thirds (2/3) of all members serving on the Human Rights Advisory and Awareness Commission shall be of minority and disabled citizens.   (Gen. Ords. 1959, § 4.24(a); Ord. No. 4860, § 1, 12‑5‑63; Ord. No. 7313, § 1, 2‑21‑85; Ord. No. 7332, § 1, 3‑21‑85)

Sec. 12‑32.  Purpose.

            The Kirkwood Human Rights Advisory and Awareness Commission shall review and advise the council on ways to:

            (a)        Promote awareness, recreation, employment, legislation, education, accessibility, and participation of and for all citizens of Kirkwood including minority groups and including persons with disabilities;

            (b)        Remove any inequalities that pertain to any citizen or citizens of Kirkwood including minority groups and disabled status in such areas as housing, recreation, education, employment, law enforcement, services, and accessibility;

            (c)        Encourage participation by all citizens of Kirkwood including minority groups and disabled persons in City programs; and

            (d)        Implement decisions of the Human Rights Advisory and Awareness Commission for any citizen or citizens of Kirkwood.

(Gen. Ords. 1959, § 4.24(e); Ord. No. 4860, § 1, 2‑5‑63; Ord. No. 7313, § 2, 2‑21‑85)

Sec. 12‑33.  Terms of members, removal, vacancies.

(a)        In the new appointment of six (6) additional of members to the Human Rights Advisory and Awareness Commission, two (2) of those appointed shall be appointed for a term of one (1) year; two (2) of those appointed shall be appointed for a term of two (2) years and two (2) of those appointed shall be appointed for a term of three (3) years, thereafter all appointments shall be for a three (3) year term. 

(b) All new appointed members serving on the Human Rights Advisory and Awareness Commission shall complete within six (6) months of the first term year a diversity-training course while serving on the commission. Thereafter, the sixth (6th) month of the first term year of serving on the commission, members must show a certificate of completion to remain a member of the Human Rights Advisory and Awareness Commission. The city shall be responsible for locating and enrolling members for the course.  

(c) The council, or by petition may remove any member of the Human Rights Advisory and Awareness Commission from serving on the commission, no less than 100 residents of the City of Kirkwood shall sign the petition. Each petition shall be accompanied by a circulator affidavit. The petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink and shall be followed by the address of the person signing. Petition shall state the reason[s] for removal the petition shall be filed with the City Clerk as one instrument The City Clerk shall make record of when each petition was filed. The City Clerk shall notify council and the chairperson of the Human Rights Advisory and Awareness Commission of filed petition. Each member of the commission shall serve until his successor is duly appointed and qualified. There shall be no limit to the number of times a person may serve on the Human Rights Advisory and Awareness Commission; provided, however, that no person shall be eligible to serve until two (2) years after an expired term.

(d) A newly appointed member of the commission shall forfeit office if such commission member (I) lacks at any time during the term of office any qualification for the office prescribed by this chapter. (II) Violates any express prohibition of this chapter, (III) is convicted of a crime involving moral turpitude or a felony, (IV) fails to attend three consecutive regular meetings of the commission without being excused by the chair or co-chair.

(e)  In the event of the death, resignation, or removal of any member, his successor shall be appointed to serve the unexpired term for which such member had been appointed.  (Gen. Ords. 1959, § 4.24 (b); Ord. No. 4860, § 1, 12‑563)

Sec. 12‑34.  Organization.

            The officers of the Human Rights Advisory and Awareness Commission shall consist of a chairperson and a vice-chairperson, appointed by council. The Chairperson shall have the authority to elect a secretary; such officers shall serve in their respective offices for a term of one year, or until their successors shall be elected and qualified, unless re-elected to such office.  (Gen. Ords. 1959, § 4.24(c); Ord. No. 4860, § 1, 12‑5‑63)

Sec. 12‑35.  Rules of procedure; meetings; records.

            (a)        The Human Rights Advisory and Awareness Commission shall make such rules and regulations as it shall deem necessary for the conduct of its affairs, which rules and regulations and any amendments thereto shall be submitted to the council for approval prior to the same becoming effective.

            (b)       The Human Rights Advisory and Awareness Commission shall meet at least twice every month.

           (c)        A liaison of the Human Rights Advisory and Awareness Commission shall attend City Council meetings every month to advise the council on any related verbal claims of human rights violations.

            (d)        The Human Rights Advisory and Awareness Commission shall keep a complete record of its activities and a journal of all of its meetings and proceedings.

            (e)       The Human Rights Advisory and Awareness Commission shall publish a news letter informing the citizen of the City of Kirkwood of its works. It shall publish its findings of all cases keeping within the laws of the City and State.

(Gen. Ords. 1959, § 4.24(d); Ord. No. 4860, § 1, 12‑563)

Sec. 12‑36.  Powers and duties generally.

            It shall be the duty of the Human Rights Advisory and Awareness Commission to:

(a)        Promote harmonious intergroups relations within the city Kirkwood by enlisting the cooperation of various racial, religious, and nationality groups, business, community, labor and governmental organization, fraternal and benevolent associations, educational and other groups.

           (b) Hear complaints, examine source of tension, practices of discrimination and acts of prejudice in the City of Kirkwood and make recommendations concerning solutions to specific problems of prejudice or discrimination. The commission shall attempt to resolve the complaint through informal means, including but not limited to factfinding, mediation, and discussion with all parties concerning the complaint. “Factfinding” means identification of the major issues in the particular dispute by two or more commissioners or other impartial individuals who review all sides of the issues, resolve factual differences and make recommendations for settlement of the dispute.       

     (c)       The Human Rights Advisory and Awareness Commission shall investigate all written claims of racial discrimination within 30 days from the dated of the filed complaint. If the complaint has a reasonable basis, the commission shall report it findings to the City Council if an informal resolution of the complaint is not achieved; whereby, the City Council members shall investigate in the same manner as described Article III section 3.7 of the City Charter.   Thereafter the investigation the Human Rights Advisory and Awareness Commission shall report its findings to City Council.   The commission shall dismiss any fair housing complaint concerning an alleged violation of the provisions of Chapter 12 or Chapter 17 of the code where such violation is found to have been committed more than six (6) years prior to the receipt of the complaint by the commission.

The commission shall dismiss any other type of complaint concerning an alleged violation of the provisions of Chapter 12 or Chapter 17 of the code where such violation is found to have been committed more than one (1) year prior to the receipt of the complaint by the commission.

            (d)        Serve as a source of information, and recommending to the city council, action, policies, and legislation to be considered by local, state, federal and international governments;

            (e)        Publish and distribute such factual material as it deems necessary or desirable with the prior approval of the council and to make such investigations, studies, and surveys as are necessary for the performance of its duties;

             (f)        Review new and existing city building plans and/or programs for the purpose of assuring accessibility for persons with disabilities; and

             (g)        Perform such other and further acts and things that may be directed by the council; and

              (h) Take action upon alleged violations of Chapter 12 and Chapter 17 of this code as provided in the Kirkwood City Charter and Code of Ordinances, consider ethical violations and complaints against the City of Kirkwood and perform such other and further  that may be directed by the council.

(Gen. Ords. 1959, § 4.24(f); Ord. No. 4860, § 1, 12‑5‑63; Ord. No. 6782, § 1, 8‑6‑81; Ord. No. 7313, § 3, 2‑21‑85)

Sec. 12‑37.  Facilities and personnel; assistance by the city attorney.

            The City, through the office of the chief administrative officer, shall assign to the Kirkwood Human Rights Advisory and Awareness Commission such professional personnel, office space and facilities and such necessary clerical help as shall be necessary for the fulfillment of its duties.  The city attorney shall render such legal services as shall be necessary.  (Gen. Ords. 1959, § 4.24(g); Ord. No. 4860, § 1, 12‑5‑63)

Secs. 12‑38—12‑58.  Reserved.

            (Ord. No. 8721, § 1, 5‑7‑98)

ARTICLE III.  FAIR HOUSING CODE

Sec. 12‑59.  Definitions.

            As used in this article of the Kirkwood City Code of Ordinances in areas related to discrimination, the following terms shall have the meanings ascribed to them:

           "chairman" shall mean the chairman of the commission.

            "code" includes this article.

            "commission" shall mean the Human Rights Advisory and Awareness Commission of the City of Kirkwood, Missouri.

            "discrimination" shall mean an act that is unlawful under Chapter 12 or Chapter 17 of Kirkwood City Code of Ordinances or St. Louis County or the State of Missouri code.

            "discriminatory housing practice" shall mean an act that is unlawful under section 12‑62 of Kirkwood City Code of Ordinances or the St. Louis County or the State of Missouri code related to housing.

            "dwelling" shall mean any building, structure, or portion thereof located within the city, which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

             "family" includes a single individual.

            "handicap" means a physical or mental impairment resulting in a disability unrelated to a person's ability to acquire, rent or maintain property.

             "persons" includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint‑stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.

            "to rent" includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

            "complaint" includes but is not limited to a form provided by the Kirkwood Human Rights Advisory and Awareness Commission.

(Gen. Ords. 1959, § 58.2; Ord. No. 5278, 7‑3‑69; Ord. No. 6781, § 1, 8‑6‑81; Ord. No. 7364, § 1, 6‑20‑85)