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ORDINANCE NO. 1959
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ESTABLISHING RULES AND REGULATIONS
NECESSARY TO THE OPERATION OF THE COMMUNITY
RELATIONS CODE CONTAINED IN CHAPTER 7B OF
THE CODE OF ORDINANCES OF THE CITY OF
CLEARWATER, FLORIDA, 1962; PROVIDING FOR
THE SEPARABILITY OF THE PROVISIONS HEREOF;
PROVIDING FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND 1PROVIDING FOR THE EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, Section 7B-7 of Ordinance No, 1843 authorizes the
Community Relations Board to propose rules and regulations necessary to
effectuate the operation of the ordinance; and
WHEREAS, Ordinance No. 1843 requires that such rules and regulations
be approved by the City Commission prior to their becoming effective;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COM-
MISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Definition. When used herein, the following definitions
shall apply;
(a) "Adverse interference" shall have the same meaning as is
given to the term in application of Title VII of the Civil
Rights Act, namely, that evidence withheld by a respondent
shall be inferred to be adverse. Such inference shall not
arise unless the file discloses;
(1) That the evidence requested is relevant;
(2) That the respondent was asked for the evidence with
ample time to produce it and with notice that failure
to produce would result in an adverse inference;
(3) That respondent produced neither the evidence nor an
acceptable explanation as to why the evidence was not
produced.
Section Z. Board Terms, Rules and Regulations. The following rules
and regulations shall govern the operation of the Board;
(a) The Chairperson of the Community Relations Board serves for
a terns of two (2) years and has the following duties:
(1) Call Board meetings and set the agenda for the same;
(2) Preside at Board meetings;
(3) Appoint one or more panels of not less than three (3)
Board members to exercise, as provided in Chapter 7B-7,
Board Powers;
(4) Appoint and define the role of such committees as are
necessary or expedient to advise the Board or its Coordinator;
(5) Perform such other functions as the Board may assign by rule
or order.
Ord.' ' #19 S9
8/2/79
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(b) The Vice-Chairperson servos for a term of two (2) years,
the term to run concurrently with that of the Chairperson.
The Vice-Chairperson performs the duties of the Chairperson
in the Chairperson's absence and performs other such duties
as the Chairperson may assign,
(c) If a vacancy occurs in the Office of Chairperson, the
Vice-Chairperson shall become the Chairperson for the
unexpired term of the Chairperson. If a vacancy occurs
in the office of Vice-Chairperson, the Board will select
another member to fill the unexpired term of the Vice-
Chairperson.
(d) A special meeting of the Board shall be called by the
Chairperson or the Coordinator upon the written request
of not fewer than three (3) Board members.
(e) Seven (7) members shall constitute a quorurn for the conduct
of Board business.
(f) A majority of the members of a panel or committee shall
constitute a quorum for the conduct of business assigned
to a panel or committee.
(g) In the presence of a quorum, Board or panel business
shall be conducted by a majority vote.
Section 3. Administrative Hearings. All administrative hearings
held pursuant to Section 7B-9 of Ordinance No. 1843 shall in addition to the
requirements set forth in Ordinance No. 1843 be subject to the following:
(a) All motions upon which a ruling is requested shall
be filed prior to the hearing date established by the
hearing officer. Such motions shall be considered
and ruled upon by the hearing officer prior to the
start of the hearing. In any case where the hearing
officer is unable to consider such motion prior to the
start of a hearing and in order to prevent delay, such
motion may be referred to the Board for determination,
subject to review by the hearing officer when available,
(b) All motions and orders thereon shall be made a part
of the record of such administrative proceedings.
(c) No appeal to the Board may be made from rulings on such
motions.
(d) If there are separately filed cases before the Board which
involve similar issues of law and fact and identity of parties,
then such cases may be consolidated for hearing before the
hearing officer.
(e) Discovery shall be permitted upon motion of any party
and shall proceed in the manner provided by the Florida
Rules of Civil Procedure.
(f) The hearing officer may order a pre-hearing conference
prior to any administrative hearing. Prior to such conference
the hearing officer may direct that the parties submit a
pre-conference statement addressing the issues of law and
Ord. #1.959
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fact that will be involved in such hearing, identify the
witness that will testify, provide a list of all documents
or other types of exhibits that will be submitted,
(g) The hearing officer shall set the time and place of any
administrative hearing and the Board shall serve notice
of such hearing on the parties no later than fourteen (14)
days p rior to the final hearing. Such notice requirement
may be waived with the consent of all parties. The notice
shall also contain:
(I) A statement of the nature of the hearing;
(2)A statement of the legal authority and jurisdiction
under which the hearing is to be held;
(3) A reference to the particular sections of the statutes,
and rules involved.
(h) Any act required or allowed to be done at or within a
specified time, for cause shown the Board may enlarge
the time period or permit the act to be done where failure
to act was the result of excusable neglect.
(i) Requests for subpoenas in any administrative proceeding
shall be filed with the Board and forwarded to the hearing
officer. Such request shall Qet forth thename and address
of thaperson whose attendance is requested and shall describe
with particularity any material to be produced. Discovery
subpoenas shall not be issued in the absence of an order
permitting discovery. The requesting party shall be
responsible for service of any subpoena,
(y) Any subpoena shall be subject to a motion to quash the same
or a motion for protective order which motion shall be
determined in the same manner as are other motions.
(k) The official transcript of a hearing shall be preserved by
tape recording, shorthand, court reporter or any similar
means or combination.
(1) A party may request the Board to provide a court reporter
for a hearing where the Board has elected not to do so. In
such event, the requesting party shall be responsible for
payment of the court reporter{a per diem expense and any
costs of transcribing the record.
Section 4. Withdrawal of Complaint. A complaint filed pursuant
to Ordinance No. 1843 may be withdrawn at any time by the complaining party
upon notifying the Coordinator; however, the Coordinator may continue action
against the Responsdent if the facts establish probable cause and the Board by
a 3/4tha majority vote approves such further action.
Section on 5. Notice of Complaint Filing and Preservation of Records.
Upon a determination that a complaint has been timely filed within the time pro-
vided in Section 7B-8 of Ordinance No. 2843, the Coordinator shall cause notice
of the filing and a cagy of such complaint to be served upon the Respondent. Such
Ord.. # 19 59
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8/2/79
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# notice and copy of the complaint shall be served within fifteen (15) days of
" the filing of the complaint Any, subsequent amendment to the complaint shall` ` ,'•' S',?;'?;»
t ,;;??„• `Vi'i::"a;,?.?:•:
be served in the same manner as the original complaint. Following service
of the complaint in the manner provided herein, the Respondent shall until the
r complaint has been resolved preserve all personnel records, production records, p;.... ••
' property records or any other written or documentary, material relating to the
complaint.
ttp''? Section b. Administrative Dismissal of Complaint. Any complaint
;4 filed pursuant to Section 78-8 of Ordinance No. 1843 may be dismissed by the
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Coordinator when one or more of the following grounds are found to exist;
(a) The complainant has failed or refused to cooperate and .
after notice pursuant hereto has failed to duly respond;
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,??'? (b) The complaint has not been timely filed with the Board; z,
(c) The complaint has been resolved by negotiated settlement
pursuant to Section 7B-9•
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(d) After service of Notice of Determination of No Reasonable
u V Cause, the complainant has failed to file a Petition for Re-
determination pursuant to Section 7B-7 within 30 days; w;
(e) After service of a Notice of Failure of Conciliation, the
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# r?' . t complainant has failed to file a Petition for Relief '•?
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;,, ;,•..?t. pursuant to Section 7B-9;
(f) The complainant cannot be located after reasonable efforts
to locate have been made and there has been no response
' from the complainant within twenty (20) days after notice "
was sent by certified mail to complainantle last known
r." address;
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{ sy` (g) An agreement to submit to arbitration has been filed.
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Section 7. Investigation Procedure. Following the filing of a
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ba w complaint, the Coordinator or his duly authorized representative shall conduct -.,
an investigation utilizing the following procedure, and in addition may utilize
4 '. the services of other public agencies charged with the administration of equal
} a4?.
4S opportunity practice laws, including information gathered from such
4:
r agencies:
-•4-
Ord.. #1959 8/2/79
(a) Complaint verification. As part of the investigation °??? ••
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process, the complaining party may be required to
`.
provide an additional statement which includes:
(1) A statement of each particular harm which the aggrieved
person has suffered and the date on which each harm .
occurred;
(2) For each harm, a statement specifying the act, policy
or practice which is alleged to be unlawful;
(3) For each act, policy or practice alleged to have harmed
the aggrieved Person? a statement of the facts which ??mot. ? ,.F?.?•_ ? 9? ,
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lead the complainant to believe that the act, policy or
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practice is discriminatory. ,x =? f
(b) Requests for Information. In investigating a complaint, the
Coordinator or his duly authorized representative shall
utilize the following methods to obtain information;
(1) Oral interview;
(2) Requests for production of documents;
.(3) Requests for entry upon land for inspection and other
purposes,
(4) Requests for written statement or affidavit.
(c) Respondent's Failure to Provide Information. In the event
a respondent fails to provide information within that person's
control, which is requested pursuant to subsection (b) ,
and reasonable notice and opportunity to cure have been given,
an inferrence may be drawn, in a determination of probable
cause pursuant to Section 7B-8 , that such information is
adverse to the respondent's interest.
(d) Complaining Party's Failure to Cooperate. Where the
complainant fails to provide a necessary statement, fails
or refuses to appear or be available for interviews or
conferences, fails or refuses to provide necessary
information requested by the office of Community Relations
pursuant to this section, or otherwise refuses to cooperate
to the extent that the Office of Community Relations is unable
to resolve the complaint, and after notice the complainant
has failed to duly respond to the Office of Community Relations
within thirty (30) days, the Coordinator may dismiss the
complaint.
(e) Suspension of Investigation. Upon the request of the
complainant or respondent, the Office of Community
Relations may suspend an investigation during the pendancy
of a grievance proceeding, on the same subject, to which
the complainant and the respondent are parties. This
suspension shall normally be granted for not more than
forty-five (45) days and only if there is reason to believe
that the pending proceeding will fully resolve the matters raised
by the complaint.
-5-
Ord.. X1959
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(f) Access to Files during Investigation. Information obtained yh.t+"
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during the investigation of a complaint shall be disclosed }
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only to the complainant, respondent or their authorized ` ' `•:?,5"`v;,<;i; ='`E
representative, or to witnesses, only when disclosure is
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deemed necessary for the investigation or for securing
appropriate disposition of the complaint,
(g) Negotiated Settlement, During the investigation, the Office
of Community Relations shall endeavor to encourage the complainant ;
and the respondent to settle the complaint on mutually agreeable
terms. If settlement is achieved, its terms shall be reduced
to writing and signed by the complainant and the respondent. ? .;
A copy of the agreement shall be filed with the Clerk. A A
complaint which has been settled may be dismissed by the
Coordinator upon such terms and at such time as may be : '?R`??-' ?;i,#ii? ! ?
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provided in the written agreement. ?
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Section d. Determination of Probable Cause; Notice. `' ry S
(a) tjpon completion of an investigation, if a complaint has not
been settled or withdrawn, the Office of Community Relations
shall report the investigation, with recommendation, to the
Board. The Board shall review the report and shall make a
recommendation to the Coordinator as to whether there is
probable cause to believe that an unlawful employment practice
has occurred.
(b) After a determination has been made by the Coordinator, the
Clerk shall serve a Notice of Determination, with copies off
the determination, upon the complainant and the respondent.
(c) A Notice of Determination of Probable Cause shall include an
invitation to participate in conciliation.
(d) A Notice of Determination of No Probable Cause shall advise
the complainant of the aright to file a petition for Redetermination,
within twenty (20) days of service of the notice.
(e) After service of a Notice of Determination, the parties named
in the determination may inspect the records and documents,
in the custody of the Board, which pertain to the determination.
The Coordinator may direct that a particular record, document
or portion thereof be withheld from inspection by a party only
when necessary for the protection of a witness or third party,
or for the preservation of a trade secret.
Section 9. Finding of Probable Cause; Conciliation Procedure.
(a) After service of a Notice of Determination of Probable Cause,
the Office of Community Relations shall endeavor to eliminate
any unlawful employment practice by informal methods of
conference, conciliation and persuasion. The Office of
Community Relations shall attempt to achieve a just resolution
of all violations found, and to obtain agreement that the respondent
will eliminate the unlawful practice and provide appropriate
affirmative relief. Where such conciliation attempts are
successful., the terms of the conciliation agreement shall be
reduced to writing and signed by the complainant, the respondent
and the Coordinator or person designated by the Coordinator.
The original of the signed agreement shall be filed with the
Clerk, and copies shall be served upon the respondent and
complainant.
Ord. #1959
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(c) If, thirty (30) days after service of a Notice of Determination
of Probable Cause, a conciliation agreement has not been
and the complaint has not been withdrawn or dismissed,
signed
,
the Coordinator shall cause a Notice of Failure of Conciliation
to be served upon the complainant and the respondent. ;a;. `:?'` +,'.. `•a.? °.
onsidered and construed as one
Section 10. This ordinance shall be c
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effectuating the policies and provisions contained in Ordinance No 1843
This ordinance shall not be construed as one superseding Ordinance No. 1843 .
and should a conflict be found to exist between the two, then Ordinance No. >bb4
1843 and its provisions shall prevail.
Section 11. Should any part or provision of this ordinance be declared ' •"`?
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by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 12. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166.041, Florida Statutes.
Section 13. The provisions of this ordinance shall take effect
immediately upon its passage.
Attest;
City Clerk
-7-
Ord. #1959
8/2/79
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' ? r ... • .... y-_p I Notes o? ??btoNllo iqi or 00
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G CLEARWATER SUN RMCE
tVU To i1* -??ilwtr
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tutd IIN" M r ' ' r' ti x t Published Dally l
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Clearwater. Pinellas County, Florida WX??'OidSbili?cr''lfLf"rli?l?ti:
i STATE OF FLORIDA ?IAy? TR><CrIIr C ° ;c,»' ? ?'S ??'?4
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l ourJ rv OF I'I[?C.I.Ati: JUL ?.5 }979,. AC L ITS rf+il?
'.`'CL <`•Ii?{] IQxNCRAI:I!;OP.'AA I »11l"~Nl`i ?t "1?"r[?% rzt 3 1
-TU CODR :OF..ORDItII OF'. fi ti + it
Herare the undersi ned authori[ ersonall a reared Alaxine Ef. Williams who an oath BJ*?YICRAO MP.
>; y p y Pf CITY Oft.CLWAT'ER; 1 b.ItR £ :a:G yr?e
Al
says that she is the Classified Sales Manager of the Clearwater Sun, a dal tgwspaper Put)- p
yy ? 144 ?AN D: ate nON'• 14i>i tlF' R' {4?, t}tiB' N "?:?••" , ' ": ; lu ? i 'r, i
lished at Clearwater In Pinellas County, Florida; that the attached copx ad0riiioi? Ctut, PdtliCgLLAfiEBUa:gROVIdIQNf`?pIF =[itR rOr r - r• ? ,• t c??
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'. DINANCES OF THE CITY OF CL6ARW T'1R ]t It., D
being aNatice RXProposed.Enga.;merttof
In the matter of INff IrOI1'PROPISR'tYOTICE Or PRO E S11
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"• ordinance AND pROVIDIN(i'_FOR.iTHI,SFTMCttVC`.?A'119 0,;.
............................. . ..................................................ORDINANCICaF J (`. ::.: }£ i''y:.il s `+',;Fr.'? !'••?.'+' i
;. ............. Qr,4; AIXCt%S..#...Z9.5A*J9.55..1856,,195.7,.195.8.,.1,95.9 'AN RDINitNCEOi'?e CITY Ortiji i?V•i?T* bl, '
DA• REPEAL>INO:IN.PTT{ ENTIRM.01=10f111- MltU
in the ......... XXXXX• .......................... .......... Courli was published In rywI OF CHAPTER is. PARKS AND RUX199ATIO?fi O aaHI4
?, Jul 1 9 1979 ?rCODE OF:ORDINIINCES OF,THX1CP'CY OFD ARWATRR1j `
said newspaper in the Issues of..... , .. , , ?'.... , J ...... . ..... . ....................... 1114$ PROVlDWO FOR PROPI4RLtfl?tiCPt'gF'PRQPOi?-PI
ENACT>rtENT. 'AND: PROviDix(I;,FOICTR LIC: PFi Y=
. .................................................................. , ............ wDIITF:,OF.TH16211RD1NA1VlI&. s; -. _ ? °,i
,OrdinaM? 't0:'I!6/s•rJ..l:a'? c'''%?1?:i4.a?.?.-??'?r:ij'3?47?:ih
Affiant further says that the said Clearwater Sun Is a newspaper published at Clear- l?l?ff4l ORDRIANC8'OT?aT}IR'CiCY t3FC?AR1lrA?iLR.?MI,Oh
wpler, In said Pinellas County, Florida, and that. the said newspaper has heretofore been UA.'AMCNDING ION,tt28:I4:OF'CHAPT=14rItP1l,Ti?'!
,GIXARINO OF THE GODS Ole:ORDiNANCiC><IeTPlI C
continuously published In sold Pinellas County, Florida each day and has been entered or, , _
F: ' OP-CLEARIVATER,``jW3V,TO+PAOVIDR:AFDITOif NTAf. WFJ.
second class mail matter at the post office In Clearwater, in said Pinellas County, Florida, i°OUAOG Nr.EDED.TQCLARIF.Y1HE ?$ ?pp ii` ROV[D 1i0 , .
for a period of one year next preceding the first publication of the attached copy or adver- 1:FORrTHIM7 BEPARAIIILITY,AI°•THI:'? YION? 11011
tisement. and afflant further says that she has neither paid nor promised any person, firm ,rAND PROVIDING, FOR- TH6 RPPtAL Of-ORD]]fANOI?'O1Rf?
or corporation any discount, rebate, commission or refund for the purpose of securing this PARTS OF'ORDH4ANCE5-IH.CONtrl =,MRR PR c?
advertisement for publication In the sold newspaper,vIDINQ, XQft l'ftOP.ER. NOTiG6."QI' F?IDP?Ifrl(GTy-l L
I;MENT."ANDP%OVIDINO Mt.PIr1PFF?CTIY'0
4 17iI8 QRD)N?4l?tl:E;.'?' Y23'S, #!s' .. !+;,'
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