SECTION 2: RE-ENACTMENT
175.01 DECLARATION OF POLICY. It is
the public policy of the City to safeguard the right and opportunity of all
persons to be free from all forms of discrimination, whether as a result of
race, religion, color, national origin, ancestry, sex, age, sexual orientation,
gender identity, blindness, or handicap, and to provide for an inclusive
community for all residents, businesses and visitors. The denial of these
rights to properly qualified persons by reason of race, religion, color,
national origin, ancestry, sex, sexual orientation, gender identity, age,
blindness or handicap is contrary to the principles of freedom and equality of
opportunity and is destructive to a free and democratic society.
175.02 DEFINITIONS: All words utilized in this ordinance
shall be ascribed their ordinary meaning unless otherwise defined in Article
11, Chapter 5 of the West Virginia Code, as amended, (§5-11-1 et seq.) which is
entitled West Virginia Human Rights Commission. If any such word is so defined
by the aforementioned Code (§5-11-1 et seq.) then such word shall be ascribed
the definition contained therein.
175.03 ESTABLISHMENT; PURPOSE. A non-partisan human rights
commission is hereby established in the City government to be known as the
Fairmont Human Rights Commission. The Commission shall have the powers and
authority and shall perform the functions and services as prescribed herein.
The Commission shall encourage and endeavor to bring about mutual understanding
and respect among all persons and encourage and endeavor to safeguard the right
and opportunity of all persons to be free from all forms of discrimination
whether by virtue of race, religion, color, national origin, ancestry, sex,
sexual orientation, gender identity, age, blindness or handicap.
175.04 MEMBERS; COMPENSATION. The Human Rights Commission
shall be composed of seven members to be appointed by the City Manager and
confirmed by the Council. All members appointed to serve on the Commission
shall be residents of the City of Fairmont. No member may hold office in any
political party. Members of the Commission shall be appointed for terms of
three years commencing on the effective date of this Ordinance. Appointments to
fill vacancies shall be for the unexpired term thereof. Members shall be
eligible for reappointment. Before assuming and performing any duties as a
member of the Commission, each Commission member shall take and subscribe to
the official oath prescribed in Section 5, Article IV of the Constitution of
West Virginia, which executed oath shall be filed in the office of the Clerk of
the City. Members shall serve without salary, provided, however, members shall
be reimbursed for any reasonable and necessary expenses incurred in performance
of the Commission services. Any member shall forfeit his office if such member
fails to attend three consecutive regular meetings of the Commission without being
excused by the Commission as reflected in the minutes. Vacancies may be filled
by appointment by the City Manager and confirmed by Council for the unexpired
term.
175.05 ORGANIZATION; PERSONNEL. As soon as practical after
the creation of the Human Rights Commission, a meeting of its members shall be
called. The Commission shall organize, at the meeting, by electing one of its
members as chairperson of the Commission, one as vice-chairperson thereof, and
one as secretary thereof, for a term of one year or until their successors are
elected and qualified. At such meeting the Commission shall also elect from its
membership such other officers as may be found necessary and proper for its
effective organization. Annually thereafter, as soon as practical after the
anniversary of the enactment hereof, the Commission shall elect a chairperson,
vice chairperson and secretary from its membership and such other officers as
may be found necessary and proper for its effective organization. The
Commission shall hold its initial organizational meeting, annual meetings, and
all ordinary and special meetings at a place to be designated by City Manager.
Any four members of the Commission shall constitute a quorum for the
transaction of business. Minutes of the meetings shall be kept by the
secretary.
175.06 ASSISTANCE TO COMMISSION; LEGAL SERVICES. The
Fairmont Human Rights Commission may, with the consent and approval of the City
Manager, call upon other officers, departments and agencies of the City
government to assist in its, programs and projects. At its discretion, the
Commission may accept volunteer services, including volunteer services of
private legal counsel.
175.07 DUTIES; POWERS. The Human Rights Commission is hereby
authorized and empowered:
(a) To cooperate and work with Federal, State and Local
Government officers, units, activities and agencies in the promotion and
attainment of more harmonious understanding and greater equality of rights
between and among all persons regardless of race, religion, color, national
origin, ancestry, sex, sexual orientation, gender identity, age, blindness or
handicap;
(b) To enlist the cooperation of racial, religious and
ethnic units, community and civic organizations, industrial and labor
organizations, and other identifiable groups of the City in programs and
campaigns devoted to the education and advancement of tolerance, understanding
and equal protection of the laws for all groups and peoples regardless of race,
religion, color, national origin, ancestry, sex, sexual orientation, gender
identity, age, blindness or handicap.;
(c) To recommend to Council policies, procedures, practices
and legislation in matters and questions affecting human rights and relations;
(d) To create such committees and sub-committees from within
the Commission and its volunteers, which in its judgment will aid in
effectuating the purposes of this article, to study the problem of
discrimination in all fields of discrimination because of race, religion,
color, national origin, ancestry, age, sex, sexual orientation, gender
identity, blindness or handicap; to foster, through community effort or
otherwise, good will, cooperation and conciliation among the groups and
elements of the population of this City, and to make recommendations to the
Commission for the development and implementation of programs of formal and
informal education.
(e) To accept contributions from any person, private
corporation, or governmental agency, including the City of Fairmont as part of
its budgetary process, to assist in the effectuation of the purposes of this
Article and to apply for grants and other funding, and to seek and enlist the
cooperation and support of private, public, governmental, charitable,
religious, labor, civic and benevolent organizations for the purposes of this
section;
(f) To hold, formulate, and develop forums, workshops, and
opportunities to allow for the dissemination, sharing, and discussion of
information to the understanding and work of the Commission and which will tend
to promote good will and minimize or eliminate discrimination;
(g) To issue such publications and results of research as in
its judgment will tend to promote good will and minimize or eliminate
discrimination;
(h) Pursuant to the "Sunshine Law", West Virginia
Code 6-9A-1 et seq., meetings of the Commission shall be open to the public.
175.08 CITY CONTRACTS. The City shall require that all
contractors execute the Non-discrimination in Workplace Conformance Affidavit,
or such other form which the City deems warranted, which provides that such
contractor does not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex,
sexual orientation, gender identity, age, blindness or handicap, or any other
form of discrimination in hiring, placement, upgrading, transfer, demotion,
recruitment, advertising, or solicitation for employment, training, rates of
pay or other forms of compensations, selection of apprenticeship, layoff or
termination, and will otherwise comply with all federal law or laws or
regulations and executive orders relating to unlawful employment practices.
This Ordinance shall become effective thirty (30) days after adoption. Adopted this the 12th day of September, 2017.
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