General Ordinance 9, 2024 Sec. 2-65 Human Relations
Sec. 2-65 Human Relations Commission.
The Common Council of the City of Terre Haute finds that all citizens deserve equitable access to opportunities, regardless of race, religion, color, sex, national origin, ancestry, sexual orientation, gender identity, disability, housing status, or status as a veteran. The Common Council of the City of Terre Haute desires to build a vibrant, thriving, and unified community. The Common Council of the City of Terre Haute deems that it is necessary and appropriate and in the best interest if the residents of the City of Terre Haute to establish the Human Relations Commission.
a. Definitions. For the purposes of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) "Disability" means with respect to a person: (i) a physical or mental impairment that substantially limits one or more of the person's major life activities; (ii) a record of having an impairment described in subdivision (i) above; or (iii) being regarded as having an impairment described in subdivision (i) above. "Disability" shall not include circumstances exempted from the definition of "disability" or "disabled" under federal and state law.
(2) “Discrimination” means the exclusion of a person by another person from equal opportunities because of race, religion, color, sex, national origin, ancestry, sexual orientation, gender identity, disability, housing status or status as a veteran; or a system which excludes persons from equal opportunities because of race, religion, color, sex, national origin, ancestry, sexual orientation, gender identity, disability, housing status or status as a veteran or the promotion or assistance of segregation or separation in any manner on the basis of the above categories.
(3) “Gender Identity” means a person’s actual or perceived gender or perceived gender-related attributes, self-image, appearance, expression or behavior, whether or not such characteristics differ from those traditionally associated with the person’s assigned sex at birth.
(4) "Housing status" means the type of housing in which an individual resides, whether publicly or privately owned, or the status of not having a fixed residence, whether actual or perceived.
(5) “Sexual Orientation” means male or female sexuality, real or perceived, by orientation or practice. (Gen. Ord. No. 7, 2015, 7-16-15)
b. Establishment; Membership; Vacancies.
(1) To assist in the elimination of discrimination in Terre Haute, there is hereby created a Commission to be known as the Terre Haute Human Relations Commission.
(2) The Commission shall consist of seven (7) members. Three (3) members shall be appointed by the Common Council and four (4) members shall be appointed by the Mayor. (Gen. Ord. No. 7, 2006, 5-11-06)
(3) Terms shall be for a period of three (3) years and until a successor has been appointed and qualified, except for one (1) Commissioner appointed by each the Common Council and the Mayor for an original term of (2) years, and until a successor has been appointed and qualified. The effect of this original appointment is to establish a staggering of terms such that there will never be a complete turnover of Commissioners at the end of any given three (3) year term. All Commissioners appointed shall be limited to not more than two (2) consecutive terms.
(4) As of the time of the establishment of this Commission, all seven (7) commission positions are vacant and therefore Common Council shall appoint members to fill three (3) of the vacancies, and thereafter shall be responsible for appointing their successors, and the Mayor shall appoint members to fill the remaining four (4) vacancies, and shall thereafter be responsible for appointing their successors.
c. Qualifications of Members.
(1) All members shall be residents of the City of Terre Haute or a property owner within the City of Terre Haute and who also resides within Vigo County. The Mayor and Common Council shall make only those appointments which ensure:
(A) That members are persons who have demonstrated a commitment to the purpose for which the Commission is created; and
(B) That the Commission is broadly representative of the community in regard to race, religion, color, sex, national origin, ancestry, sexual orientation, gender identity, disability, housing status, or status as a veteran.
(2) It shall be the duty of the Mayor and the Common Council publicly to solicit suggestions for Commission appointments from organizations having an interest in the improvement of inter-group relations in the community, and to give thoughtful consideration to the appointment of persons so suggested.
d. Officers.
(1) At the first meeting of the Commission, which shall be called by the Mayor, the Commissioners shall elect one of their number to serve as chairman, and also shall elect such other officers as the Commission shall desire from among its members.
(2) If the Commission employs an Executive Director as permitted herein, the Commission may appoint the Executive Director to serve as Secretary to the Commission. In such an event, the Executive Director/Commission Secretary shall not be required to meet the qualifications for membership on the Commission, and shall not be compensated for the services as Commission Secretary other than the salary established for the position of Executive Director.
d. Death, Incapacity or Resignation of Member; Removal.
(1) In the event of a death, incapacity, or resignation of any member, his or her successor shall be appointed by the one who appointed such member and the newly appointed member shall serve for the unexpired period of the term of the one replaced.
(2) Either the Mayor or the Common Council shall have the right to remove, at any time for cause, any member of the Commission appointed by that person or body.
(3) Any member who is absent from at least four (4) meetings in any twelve-month period or is absent from three (3) consecutive meetings will be considered to have voluntarily resigned from the Commission.
e. Powers and Duties.
(1) The Commission shall have only those powers which are conferred herein and which are permitted to be exercised by a Human Relations Commission under the applicable provisions of Indiana law, including the power to:
(A) Investigate and conciliate complaints of prejudice or invidious discrimination in employment, housing, public accommodations, education and financing practices;
(B) Refer to the appropriate governmental entity those complaints which cannot be conciliated by the Commission;
(C) Employ an Executive Director and other staff personnel as determined appropriate by the Commission and funded by the Common Council;
(D) Adopt rules and regulations to conduct its business and its meetings;
(E) Conduct programs and activities to carry out the purposes of the Terre Haute Human Relations Commission provided for in this Chapter within the territorial boundaries of the City.
(2) The Commission shall hold regular meetings and as called by the elected Commission President or two (2) Commissioners. All meetings and notices thereof shall be conducted in conformity with I.C. § 5-14-1.5-1, et seq.
(3) The Commission shall endeavor to keep itself fully informed concerning the studies and findings of private organizations in respect to the practices falling within the Commission’s purpose.
(4) The Commission shall render an annual report of its activities to the Mayor and to the Common Council, and shall render such other additional reports as the Mayor or the Common Council may from time to time request. The reports shall describe in detail the investigations and conciliation proceedings it has conducted, the outcome of such proceedings, the progress made and any other work performed and achievement toward the elimination of discrimination.
f. Responsibilities.
(1) Collect, study, and analyze data relating to the experiences of persons of various races, sexes, creeds, abilities and nationalities within the City in order to advise and assist various City departments in developing evidence-based initiatives and solutions that promote accessibility, equity, opportunity, and belonging;
(2) Identify and recommend ways to eliminate barriers such as prejudice, intolerance, bigotry, and discrimination based upon gender, race, sexual orientation, gender identity, religion, handicap, ancestry, national origin or place of birth in education, employment, public accommodations and housing;
(3) Provide guidance, education, and technical assistance to other city departments, boards and commissions, the common council, and the mayor to assist in eliminating systems-level barriers and build equitable outcomes and services;
(4) Institute and conduct community educational programs and activities intended to celebrate culture and heritage, and promote accessibility, equity, opportunity, and belonging for all persons;
(5) Solicit the cooperation of the various racial, ethnic, disability, women’s rights, veteran, and religious groups within the community to promote accessibility, equity, opportunity, and belonging as a means of improving the quality of communications and understanding within the community; and
(6) Stimulate private and governmental departments and agencies to develop and foster meaningful programs in support of the objectives and purposes of the Terre Haute Human Relations Commission.
g. Responsibilities of Executive Director.
(1) If the Commission employs an Executive Director, it shall be the responsibility of the Executive Director to:
(A) Provide services and assistance to other city departments, boards, commissions, Common Council, and Mayor in order to promote equity, opportunity, accessibility, and belonging in all programs and services provided by the city.
(B) Serve as an ADA compliance coordinator and assist other city departments, boards and commissions, the Common Council, and the Mayor in ensuring all of the city’s programs and initiatives comply with accessibility laws.
(C) Serve as a Title VI compliance coordinator and assist other city departments, boards and commissions, the Common Council, and the Mayor in ensuring that the city is in compliance with Title VI of the Civil Rights act.
(D) Serve as a liaison to the Homeless Coalition of the Wabash Valley, in order to provide assistance and support other city departments, boards and commissions, the Common Council, and the Mayor in developing programs and services to address homelessness and its effects in the community.