I.C. 22-9-1-2 sets forth the policy of the State of Indiana to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through rental or purchase of real property, and to eliminate segregation or separation based solely on race, religion, color, sex, handicap, national origin or ancestry; and I.C. 22-9-1-12.1(b) authorizes any city to enact an ordinance to effectuate within its territorial jurisdiction to the public policy of the state as declared in I.C. 22-9-1-21.

(a) Purpose

(1) It is the public policy of the City of Richmond to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations and acquisition through purchase or rental of real property including but not limited to housing, and to eliminate segregation or separation based solely on race, religion, color, sex, handicap, national origin or ancestry, since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property are hereby declared to be human rights.

(2) The practice of denying these rights to properly qualified persons by reason of the race, religion, color, sex, handicap, national origin or ancestry of such person is contrary to the principles of freedom and equality of opportunity and is a burden to the objectives of the public policy of this City and shall be considered a discriminatory practice. The promotion of equal opportunity without regard to race, religion, color, sex, handicap, national origin or ancestry through reasonable methods is the purpose of this Ordinance.

(3) It is also the public policy of this City to protect employers, labor organizations, employment agencies, property owners, real estate brokers, builders and lending institutions from unfounded charges of discrimination.

(4) It is hereby declared to be contrary to the public policy of the City of Richmond and an unlawful practice for any person, for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, religion, color, sex, handicap, national origin or ancestry.

(5) This Ordinance shall be construed broadly to effectuate its purpose.


(b) Terms

(1) The term “person” means one (1) or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons.

(2) The term “commission” means the Human Rights Commission created under Section 32.50(c).

(3) The term “director” means the director of the Richmond Human Rights Commission.

(4) The term “commission attorney” means the City attorney, or such other attorney as may be engaged by the commission.

(5) The term “consent agreement” means a formal agreement entered into in lieu of adjudication.

(6) The term “affirmative action” means those acts which the commission deems necessary to assure compliance with the Richmond Civil Rights Ordinance.

(7) The term “employer” means the civil city of Richmond, and any person employing six (6) or more persons within the City of Richmond; except that the term “employer” does not include any not-for-profit corporation or association organized exclusively for fraternal or religious purposes; nor any school,educational, or charitable religious institution owned or conducted by, or affiliated with, a church or religious institution; nor any exclusively social club, corporation or association that is not organized for profit.

(8) The term “employee” means any person employed by another for wages or salary, provided, however, that it should not include any individual employed by his parents, spouse or child, in the domestic service of any person.

(9) The term “labor organization” means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or for other mutual aid or protection in relation to employment.

(10) The term “employment agency” means any person undertaking with or without compensation to procure, recruit, refer or place employees.

(11) The term “discriminatory practice” means the exclusion of a person, from equal opportunities because of race, religion, color, sex, handicap, national origin or ancestry; or a system which excludes persons from equal opportunities because of race, religion, color, sex, handicap, national origin or ancestry; or the promotion of racial segregation or separation in any manner, including but not limited to, the inducing of, or the attempting to induce, for profit, any person to sell or rent any dwelling by representations regarding the entry or prospective entry in the neighborhood of a person or persons of a particular race, religion, color, sex, handicap, national origin or ancestry. Every discriminatory practice relating to the acquisition or sale of real estate, education, public accommodations, employment, or the extending of credit as “credit” is defined in I. C. 24-4.5-1-301, shall be considered unlawful unless it is specifically exempted by this Ordinance.

(12) The term “public accommodation” means any establishment which caters or offers its services or facilities or goods to the general public.

(13) The term “complainant” means any individual charging on his own behalf to have been personally aggrieved by a discriminatory practice, or the director of the commission charging that a discriminatory practice was committed against a person, other than himself, or a class of people, in order to vindicate the public policy of the State of Indiana as defined in this Ordinance.

(14) The term “complaint” means any written grievance filed by a complainant, or by the Director, with the commission. The original shall be signed and verified before a notary public or other person duly authorized by law to administer oaths and take acknowledgments. Notary service shall be furnished by the commission without charge. To be acceptable by the commission, a complaint shall be sufficiently complete so as to reflect properly the full name and address of the complainant; the name and address of the respondent against whom the complaint is made, the alleged discriminatory practice and a statement of particulars thereof; the date or dates and places of the alleged discriminatory practice, and if the alleged discriminatory practice is of a continuing nature, the dates between which said continuing acts of discrimination are alleged to have occurred; and a statement as to any other action, civil or criminal, instituted in any other form based upon the same grievance as is alleged in the complaint, together with a statement as to the status or disposition of such other action. No complaint shall be valid unless filed within one hundred eighty (180) days from the date of the occurrence of the alleged discriminatory practice, or from the date of the termination of a published and meaningful grievance procedure provided by a respondent employer, or labor union. (Ord. 27-1995)

(15) The term “sex” as it applies to segregation or separation in this Ordinance applies to all types of employment, education, public accommodations and housing: Provided, however, that (1) it shall not be a discriminatory practice to maintain separate rest rooms; and that (2) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor- management committee controlling apprenticeship or other training or retraining programs to admit or employ any other individual in any such program on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and that (3) it shall not be a discriminatory

practice for a private or religious educational institution to continue to maintain and enforce a policy of admitting students of one sex only.

(16) “Handicap or handicapped” means the physical or mental condition of a person that constitutes a substantial disability. In reference to employment, under this Ordinance, discrimination because of “handicap” shall be interpreted in accordance with I.C. 22-9-5 et. seq. (Ord. 27-1995)

(c) Membership of Commission

(1) There is hereby created a Human Rights Commission to be known as the Richmond Human Rights Commission of the City of Richmond, Indiana.

(A) The commission shall be composed of seven (7) members.

(B) Members shall serve without compensation.

(C) Members shall represent racial, ethnic, political, religious, economic, educational, and disability awareness groups in the community.

(D) Three members shall be appointed by the Mayor and four shall be appointed by Common Council.

(E) Appointments shall be made not later than sixty (60) days from the date this Ordinance shall be of full force and effect, or from the date any vacancy occurs.

(F) Appointments shall be for terms of four (4) years for two (2) members, three (3) years for two (2) members, two (2) years for two (2) members, and one (l) year for one (1) member.

(G) Successors to all members of the commission shall be appointed for terms of four (4) years excepting when appointed to fill a vacancy in which case such appointment shall be for the unexpired term.

(H) The Mayor, with consent of Council, may remove any member for cause, including unexcused absence at three (3) consecutive commission meetings, or actual or apparent conflict of interest.
(I) All members of the Human Rights Commission shall reside within the City of Richmond during their tenure. (Ord.71 1994).

(2) The Human Rights Commission shall hold an organizational meeting not later than ten (10) ten days after all appointments are made and confirmed by Council and shall at its April meeting thereafter, annually:

(A) The commission shall elect from their body a chairman and vice-chairman.

(B) The commission shall meet once each month as needed thereafter or more often as the chairman may deem necessary.

(C) The commission shall adopt rules of procedure for the conduct of its meetings as determined by a majority of its members.

(D) Hearings by the Commission shall be recorded and witnesses shall give testimony and evidence under oath.

(E) Any person who files a complaint with the Indiana Civil Rights Commission shall have no recourse to the Richmond Civil Rights may not also file a complaint with the Richmond Human Rights Commission concerning any of the matters alleged in such complaint. except as provided in I.C. 22-9-1-12.1(d); however, nothing shall affect such person’s right to pursue any and all other rights and remedies available in any other state or federal forum.

(F) A decision of the local agency may be appealed under the terms of I.C. 4-22-1 the same as if it was a decision of a state agency.

(3) Although it is the intent of this Code to promote mediation and conciliation, and while legal counsel for parties is not required, it shall be the duty of the commission and its executive director to inform any complainant or respondent of his, her, or its right to legal counsel of choice. The City Attorney shall act as counsel in an advisory capacity to the commission and shall not give legal advice to, nor represent any private party in proceedings before the commission.

(d) Powers and Duties of the Richmond Human Rights Commission

(1) Investigate, conciliate and hear complaints.

(2) Subpoena and compel the attendance of witnesses or production of pertinent documents and records.

(3) Administer oaths.

(4) Examine witnesses.

(5) Appoint hearing examiners or panels.

(6) Make findings and recommendations.

(7) Issue cease and desist orders or orders requiring remedial action.

(8) Order payment of actual damages, except that paid as a result of discriminatory practices relating to employment shall be limited to lost wages, salaries, commissions or fringe benefits.


(9) Institute actions for appropriate legal or equitable relief in a circuit or superior court.

(10) Utilize an executive director, investigator, and legal counsel as may be provided for in the annual city budget.

(11) Conduct studies, educational programs and other activities within its territorial boundaries to carry out the public policy of the city, as provided in this Ordinance.

(12) The Richmond Human Rights Commission shall have no jurisdiction or power over the state or any of its agencies, as defined in I.C. 22-9-1-12.1(a).

(e) Immediately upon the taking effect of this Ordinance, the Mayor shall select and appoint a director who shall be secretary of the commission and chief administrative officer for the commission. The director may only be removed by a majority vote of the commission. The director shall not engage in or have any interest in any business or activity which may create a conflict of interest. A vacancy shall be filled within sixty (60) days of the date of vacancy.

(f) So as to insure impartiality, not withstanding any other provisions of this Ordinance, the Commission shall not adjudicate any complaint or claim in which the City of Richmond, its departments, agencies, officers, or employees are respondents; however, any claims or complaints presented against the City of Richmond, its officers, agencies, departments, or employees shall be promptly referred by the executive director of the commission to an appropriate state or federal agency. The executive director shall monitor the progress of such claims or complaints and shall report the status periodically to the commission.

(g) This ordinance is passed by authority of and in accordance with I.C. 22-9-1-12.1.

(h) Neither this ordinance, nor any claims or complaints presented thereunder, shall be construed as a waiver by the City of the notice requirements of the Indiana Tort Claims Act.

(i) If any part, word or phrase of this Ordinance, or the application thereof to any person shall be adjudged by a court of competent jurisdiction to be invalid, that judgment shall not invalidate the remainder of this Ordinance.

(j) This Ordinance shall be effective for claims or actions that accrue after September 30, 1987.

(k) The Human Rights Commission of the City of Richmond, Wayne County, Indiana shall become a permanent Commission of the City of Richmond effective January 1, 1990., having all powers and duties as assigned in Amended Ordinance No. 45-1986. (Ord. 45-1986; Ord. 2-1988; Ord. 71-1989)


(l) A hearing examiner appointed by the Richmond Human Rights Commission shall have the same powers and duties as a commissioner sitting as a hearing examiner.

(m) Pursuant to I.C. 34-4-16.5-3(5), an attorney at law appointed by the Richmond Human Rights Commission as a hearing examiner under R.C. 32.50(d)(5) shall not be liable for acts within the scope of said appointment. (Ord. 74-1996)