HUMAN RIGHTS CODE, CHAPTER 9, CITY OF CUMBERLAND MD
CODE
City of
CUMBERLAND, MARYLAND
Codified through
Ord. No. 3512, enacted Dec. 14, 2004.
(Supplement No. 18)
Preliminaries
CUMBERLAND CITY CODE
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Published by Order of the Mayor and Council
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Adopted September 10, 1991
Effective September 10, 1991
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Published by Municipal Code Corporation
Tallahassee, Florida 1991
OFFICIALS
of the
CITY OF
CUMBERLAND, MARYLAND
AT THE TIME OF THIS CODIFICATION
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Harry Stern
Mayor
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Dellann Campbell
Joseph Freno
Ursula Franklin
Harvey M. May, Jr.
City Council
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William Z. Burke
Acting City Administrator
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H. Jack Price, Jr.
City Solicitor
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Audrey C. Wolford
City Clerk
PREFACE
This Code constitutes a complete recodification of the general and permanent ordinances of the City of Cumberland, Maryland.
Chapter 9 HUMAN RIGHTS*
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*State law references: Human relations, Ann. Code of Md. art. 49B.
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Article I. In General
Secs. 9-1--9-25. Reserved.
Article II. Human Relations Commission
Secs. 9-31--9-50. Reserved.
Article III. Fair Housing
Secs. 9-52--9-58. Reserved.
ARTICLE I. IN GENERAL
Secs. 9-1--9-25. Reserved.
ARTICLE II. HUMAN RELATIONS COMMISSION*
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*Editor's note: The title of Art. II has been amended to reflect changes made by Ord. No. 3380 at the discretion of the editor.
Cross references: Boards, commissions, authorities generally, § 2-191 et seq.
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Sec. 9-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
Commission means the Cumberland Human Relations Commission.
Complainant means any person or groups of persons claiming to be aggrieved under this article.
Conciliation means the attempted resolution of issues raised by a complaint, or by the investigation of a complaint through informal negotiations involving the complainant, the respondent and the commission.
Conciliation agreement means the written agreement setting forth the resolution of the issues in conciliation.
Discrimination means any direct or indirect act, policy, or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of an individual based on, or the perception of, race, color, religion, national origin, age, sex, sexual orientation, marital status, familial status, or physical or mental disability, or the aiding, abetting inciting, coercing or compelling thereof. This definition also applies to the verb "to discriminate" and to the adjective "discriminatory" as used in this article.
Employee means an individual employed by an employer, except that employee does not include any person elected to public office or any person chosen by the officer to be on the officer's personnel staff, or an appointee in the policymaking level or an immediate advisor with respect to the exercise of the constitutional or legal powers of the office. The exception set forth in the preceding sentence does not include employees subject to the state or local civil service laws.
Employer means a person engaged in an industry or business who has fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and any agent of such a person; such term does include the state to the extent as may be provided in this article but such term does not include a bona fide private membership club, other than a labor organization, which is exempt from taxation under section 501(c) of the Internal Revenue Code.
Employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person; but shall not include an agency of the United States or an agency of the state or a political subdivision thereof, except such term shall include the United States Employment Service and the system of state and local employment services receiving federal assistance.
Familial status means the status of one (1) or more individuals who are under age eighteen (18) and being domiciled with a parent or other person having the legal custody of the individual or the designee of the parent or other person having legal custody of the individual, with the written permission of the parent or other person. Familial status includes the status of being a pregnant woman or an individual or is in the process of securing legal custody of an individual under age eighteen (18).
Labor organization means a labor organization engaged in an industry and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment, and any conference, general committee, joint or system board or joint council so engaged which is subordinate to a national or international labor organization.
Marital status means the state of being single, married, separated, divorced or widowed.
Physical or mental disability means a physical or mental impairment that substantially limits one (1) or more major life activities, a record of such impairment, or being regarded as having such impairment. The term excludes use of alcohol or drugs in a manner that threatens the safety of others or prevents performance of job responsibilities.
Public funds means funds derived from any governmental body or agency thereof, or funds derived from general citywide solicitations.
Religion includes all aspects of religious observances and practices, as well as belief, except in those cases when the observance, practice or belief cannot be reasonably accommodated by an employer without causing undue hardship on the conduct of the employer's business.
Respondent means any person or groups of persons against whom a complaint is lodged.
Sexual orientation means having an orientation, or being identified as having an orientation, for male or female homosexuality, heterosexuality or bisexuality by preference or practice.
Unlawful practices means a discrimination by any person against any individual on the basis of race, color, religion, creed, sex, marital status, age, physical or mental disability, national origin sexual orientation or familial status.
(Code 1966, § 2-50; Ord. No. 3380, § 1, 8-14-01)
Sec. 9-27. Created.
There is hereby created the Cumberland Human Relations Commission.
(Code 1966, § 2-51; Ord. No. 3380, § 2, 8-14-01)
Sec. 9-28. Membership; organization; purpose.
(a) The commission shall consist of seven (7) members who shall be appointed by the mayor and city council. Any four (4) members of the commission shall constitute a quorum. Members shall serve without compensation. Each member of the commission shall serve for a period of three (3) years or until his successor is duly appointed and qualified. The members of the commission shall annually elect a chairman from among the members of the commission, shall appoint a secretary, and may adopt such bylaws as may be necessary for the efficient conduct of the commission's affairs.
(b) The commission has the responsibility for the elimination of discrimination in all areas of community life, as more particularly provided throughout this article.
(Code 1966, § 2-52; Ord. No. 3380, § 3, 8-14-01)
Sec. 9-29. Powers and duties.(a) Duties. The commission shall have the duty to:
(1) Receive and investigate complaints following the procedure established in this article;
(2) Conciliate disputes involving alleged discrimination when the commission reasonably believes that an unlawful discriminatory practice has taken place;
(3) Provide advice and assistance to public and private agencies on matters relating to human rights;
(4) Render advice and assistance to the mayor and city council on all matters within this article;
(5) Cooperate with federal, state, and city agencies, citizens, citizen organizations, the board of education and parochial and private schools in formulating and developing educational courses to accomplish the objectives of this article; and
(6) From time to time, but not less than once a year, render to the mayor and city council a written report of the commissions activities and recommendations.
(b) Powers. To accomplish the objectives of this article, the Commission is vested the power to:
(1) Hold public hearings in accordance with the provisions of this article;
(2) Administer oaths and affirmations, certify official acts and issue subpoenas and other legal process to compel the production of testimony, books, records, papers, accounts or documents reasonably relevant to any inquiry, investigation, hearing, or proceeding brought under this article;
(3) Adopt procedural and evidentiary rules necessary to fulfill the intent of this article;
(4) Grant relief in the manner prescribed in this article;
(5) Develop programs designed to bring about the prevention and elimination of discrimination, and accept grants and donations on behalf of the city for the purpose of carrying out such programs;
(6) Establish and constitute committees, standing committees, or advisory counsels as the commission deems appropriate and appoint members thereto; and
(7) Subject to customary, budgetary control, secure staff, office space, supplies, and other items necessary for the discharge of the commission’s duties.
(Code 1966, § 2-53; Ord. No. 3380, § 4, 8-14-01)
(a) Administration.
(1) Complaint. Any person claiming to be aggrieved by a violation of this ordinance may, within one hundred eighty (180) days of the last discriminatory act, file a written complaint with the commission. A copy of the complaint, and any amendments to the complaint, shall be served by the complainant on the respondent. The complaint shall state:
a. The name of the alleged violator or facts sufficient to identify such person;
b. An outline of the material facts upon which the complaint is based;
c. The date or dates of the alleged violation; and
d. That the conduct of the complainant was for a legitimate purpose and not for the purpose of harassment or entrapment against whom the complaint is made.
(2) Pre-investigation settlement. Before conducting a full investigation of a complaint, the commission or a committee thereof or staff person assigned thereto may attempt to negotiate a settlement of the dispute between the parties, if such person deems that an attempt to settle is practicable.
(3) Investigation. Within thirty (30) days of receiving a complaint, the commission or committee or staff person shall conduct an initial investigation and report the findings to the full commission. Such investigation may be made by a field visit, written or oral inquiry, conference, or any other method or combination deemed suitable in the discretion of the investigator. The commission may extend the time for conducting the investigation in the interest of justice.
(4) Conciliation agreement. If in the view of the commission, an unlawful discriminatory practice has taken place, the commission shall attempt to eliminate the unlawful discriminatory practice by having the parties join a conciliation agreement, which shall be reached by the following guidelines:
a. The terms of the conciliation agreement shall include a provision requiring the respondent to refrain from unlawful discriminatory practices in the future, and may include such penalties as the commission deems necessary to ensure there are no further unlawful discriminatory practices.
b. The commission shall not disclose what has transpired in the course of its efforts at conciliation except to the parties and their representatives; however, when executed, the final terms of the conciliation agreement may be disclosed.
(5) Hearing. If the commission fails to conciliate a complaint after the parties have attempted in good faith to reach an agreement, the commission then has ten (10) days to serve notice on the parties the time and place of a public hearing. The public hearing is subject to the following:
a. The respondent may file statements with the commission prior to the hearing in support of the respondent’s position.
b. The parties may present testimony and evidence and have the right to cross-examine witnesses.
c. All testimony and evidence shall be given under oath or by affirmation.
d. The commission shall not be bound by strict rules of evidence prevailing in courts of law or equity.
e. The commission shall keep a full record of the hearing that shall be public and open to inspection by any person, and the commission shall furnish a copy of the hearing record for a reasonable cost upon request by any party.
(6) Action by commission. The commission shall make such findings of fact as are supported by the evidence and testimony presented at the hearing. Should the commission determine that an unlawful discriminatory practice has occurred or is occurring, the commission shall issue such remedial orders as are necessary to correct the unlawful discriminatory practice and to require cessation of such practice. Remedial orders may include, but are not limited to, require anti-discrimination trainings for employees, supervisors and managers, or require adoption of new anti-discrimination policies and procedures. The commission is also authorized to assess fines to the extent permitted by state laws.
(7) Appeals. Any party aggrieved by any final action of the commission may seek judicial review in a court of competent jurisdiction by filing a complaint for review within thirty (30) days of the commission’s final action.
(b) Judicial enforcement.
(1) Should the unlawful discriminatory practice as determined by the commission fail to be resolved by remedial order, the commission shall refer the matter to the city solicitor for investigation and either prosecution of the offending party in a court of competent jurisdiction, or in addition or in the alternative, to apply to the court for an order enjoining such discriminatory practice or requiring the offending party to refrain from such prospective discriminatory acts and for such other remedies as may be deemed necessary and proper.
(Code 1966, § 2-54; Ord. No. 3380, § 5, 8-14-01)
Editor's note: Ord. No. 3380, § 5, adopted Aug. 14, 2001, amended the Code by repealing former §§ 9-30--9-33, and enacting new provisions desigated as § 9-30. Former §§ 9-30--9-33 pertained to filing of complaints; investigation of complaints; conference and hearings. See the Code Comparative Table.
Secs. 9-31--9-50. Reserved.
ARTICLE III. FAIR HOUSING*
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*Cross references: Buildings and building regulations, Ch. 5; licenses, taxation and miscellaneous business regulations, Ch. 10.
State law references: Housing discrimination, Ann. Code of Md. art. 49B, § 19 et seq.
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Sec. 9-51. Discrimination in housing.
(a) Purpose. It is hereby declared to be the policy of the city, in the exercise of its police powers for the protection of the public safety, public health and general welfare, to ensure equal opportunity to all persons to live in decent housing facilities and to eliminate discrimination in all housing accommodations and to that end to prohibit discrimination in all housing accommodations by any person.
(b) Unlawful practices. It is unlawful for a discriminatory purpose, in whole or in part, for any person having the right to sell, rent, lease, control, construct or manage any dwelling constructed or to be constructed, or any agent or employee of such person to:
(1) Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person.
(2) Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith.
(3) Make, print or publish or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation or discrimination or an intention to make any such preference, limitation or discrimination.
(4) Represent to any person, for reasons of discrimination, that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
(5) Deny any person access to or membership or participation in any multiple listing service, real estate broker's organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership or participation.
(6) Include in any transfer, sale, rental or lease of housing any restrictive covenant that discriminates; or for any person to honor or exercise or attempt to honor or exercise any discriminatory covenant pertaining to housing.
(7) Refuse to consider both applicant's income when both parties to a marriage seek to buy or lease any dwelling.
(8) Refuse to consider alimony or child support awarded by a court and received by an applicant as a valid source of income, where that source can be verified as to its amount, length of time received, and regularity of receipt.
(9) Request or consider information about birth control practices in evaluating any prospective buyer or lessee of a dwelling.
(10) 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, sex, disability, marital status, familial status, sexual orientation or national origin.
(11) To discriminate in the sale or rental, or otherwise make unavailable, or deny, a dwelling to any buyer or renter because of a disability of the buyer or renter or a person residing in or intending to reside in the dwelling after it is so sold, rented or made available.
(12) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a disability of the person or a person residing in or intending to reside in the dwelling after it is so sold, rented or made available.
(13) To refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the individual if the modifications may be necessary to afford the person with the disability full enjoyment of the dwelling and, for a rental dwelling, the tenant agrees, at the tenants expense, to restore reasonable wear and tear excepted, the interior of the dwelling to the condition that existed before the modification on vacating the dwelling.
(14) To refuse to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling.
(15) To fail to design or construct a covered multi-family dwelling for first occupancy as required by Article 49B, Section 22(b) of the Annotated Code of Maryland.
(c) Solely on the basis of age, a landlord, real estate broker, associate real estate broker or real estate salesperson may not refuse to rent or sell housing to a person at least sixty-two (62) years of age or older.
(d) Nothing in the provisions of this article shall be construed to bar any person from refusing to sell, rent or advertise any dwelling which is planned exclusively for, or occupied exclusively by, individuals of one (1) sex, to any individual of the opposite sex, on the basis of sex. Notwithstanding the other provisions of this article a person may sell, rent or advertise any dwelling to aged or elderly persons only, or if the dwelling is planned exclusively for or occupied exclusively by a specified age group.
(e) With respect to sex discrimination and discrimination on the basis of marital status alone, nothing in this article shall be construed to apply to the rental of rooms within any dwelling in which the owner maintains his principal residence or to the rental of any apartment in a dwelling containing not more than five (5) units and in which the owner maintains his principal residence.
(Ord. No. 2872, § 1, 12-2-80; Ord. No. 3380, § 6, 8-14-01)
Editor's note: Ord. No. 3380, § 6, adopted Aug. 14, 2001, amended the Code by repealing former §§ 9-51--9-58, and enacting new provisions desigated as § 9-51. Former §§ 9-51--9-58 pertained to fair housing. See the Code Comparative Table.
Secs. 9-52--9-58. Reserved.
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