FOR ORDINANCE NO. 120008, AS FURTHER AMENDED
Amending Chapter 38, Code of
Ordinances, by repealing Sections 38-1 through 38-6, and enacting in lieu
thereof new Sections 38-1 through 38-4; and repealing and reenacting Section
38-31, all for the purpose of updating and revising the procedures applicable
to affirmative action compliance and unlawful discriminatory practices in City’s
contracting; and establishing an effective date.
BE IT ORDAINED BY THE COUNCIL OF KANSAS
Section 1. That
Chapter 38, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Sections 38-1, Definitions; 38-2, Discrimination
prohibited; 38-3, Affirmative action; 38-4, Contract conditions; 38-5,
Enforcement of contract conditions, and 38-6, Escalation of dollar limits; and
enacting in lieu thereof new Sections 38-1 through 38-4, to read as follows:
Sec. 38-1. Definitions.
following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning or an alternative definition has been provided:
(1) Affirmative action program means a
positive program designed to ensure that a good-faith effort will be made to
employ applicants and to treat employees equally without regard to their race,
color, sex, religion, national origin or ancestry, disability, sexual
orientation, gender identity or age. Such program shall apply, where
applicable, to the following: recruitment and recruitment advertising,
employment, employment upgrading, promotion, demotion or compensation, other
terms or conditions of employment and selection for training, including
apprenticeship; and shall include goals, methodology and timetables for
implementation of the program.
(2) Age means an age of 40 or more
years, except that it shall not be an unlawful employment practice for an
employer to require the compulsory retirement of any person who has attained
the age of 85 and who, for the two-year period immediately before retirement,
is employed in a bona fide executive or high policymaking position, if such
person is entitled to an immediate nonforfeitable annual retirement benefit
from a pension, profit sharing, savings or deferred compensation plan, or any
combination of such plans, of the employer, which equals, in the aggregate, at
(3) Certificate of compliance means a written certificate
issued by an agency or body, other than City, charged with the administration
of a governmentally recognized affirmative action program and which indicates
that the person named therein is in compliance with the terms of an affirmative
(4) City means
the City of Kansas City, Missouri.
(5) Commission means
the city human rights commission.
(6) Complainant means any person claiming
injury by the alleged violation of RSMo ch. 213 or of this chapter, including
persons who believe they will be injured by an unlawful discriminatory practice
that is about to occur.
(7) Complaint means a verified written
statement of facts and circumstances, including dates, times, places and names
of persons involved in any alleged violation of any provision of RSMo ch. 213
or of this chapter.
(8) Contract means any contract to which
the city shall be a contracting party, except the following:
requisitions for goods, supplies or services.
accounts in the nature of petty cash funds.
or lease, the cost of which will not exceed $300,000.00.
(9) Contracting officer means the
person designated to execute a contract on behalf of the city or other public
(10) Contractor means any individual,
partnership, corporation, association or other entity, or any combination of
such entities, who or which enters into a contract with the city and who has 50
or more employees exclusive of parents, spouse or children of such contractor.
(11) Covered multifamily dwelling means
a building consisting of four or more units if the building has one or more
elevators or a ground floor unit in a building consisting of four or more
(12) Department means
the department of human relations.
(13) Director means the director of the
human relations department or their delegate.
(14) Disability. With respect to
employment, a person with a disability is a person who is otherwise qualified
and who, with reasonable accommodation, can perform the essential functions of
the job in question. Generally, a person with a disability is any person
a. Has a physical or mental impairment which
substantially limits one or more major life activities;
a record of having such impairment; or
regarded as having such an impairment.
(15) Dwelling means any building,
structure or portion thereof which is occupied as, or designed or intended for
occupancy as, a residence by one or more families, and any vacant land which is
offered for sale or lease for the construction or location thereon of any such
building, structure or portion thereof.
(16) Employee means any individual
employed by an employer, but does not include an individual employed by his
parents, spouse or child or any individual employed to render services as a
domestic in the home of the employer.
(17) Employer includes
any person employing six or more employees.
(18) Employment agency means any person,
agency or organization, regularly undertaking, with or without compensation, to
procure opportunities for employment or to procure, recruit, refer or place
(19) Familial status means one or more
individuals, who have not attained the age of 18 years, being domiciled
a. A parent or another person having legal
custody of such individual or individuals; or
b. The designee of such parent or other person
having such custody, with the written permission of such parent or other
person. The protection afforded against discrimination on the basis of familial
status shall apply to any person who is pregnant or is in the process of
securing legal custody of any individual who has not attained the age of 18
years. No provision in this chapter regarding familial status shall apply to
housing for older persons, as defined in section 3607 of title 42 of the United
States Code Annotated.
(20) Family includes
a single individual.
(21) Franchise holder means any individual,
partnership, corporation, association or other entity, or any combination of
such entities, holding a franchise hereafter granted or renewed by the city.
(22) Gender identity means the actual or perceived
appearance, expression, identity or behavior of a person as being male or
female, whether or not that appearance, expression, identity or behavior is
different from that traditionally associated with the person's designated sex
(23) Labor organization means any
organization which exists for the purpose in whole or in part of collective
bargaining or for dealing with employers concerning grievances, terms or
conditions of employment, or for other mutual aid or protection in relation to
(24) Performance of work means the
furnishing of any personal service, labor, materials or equipment used in the
fulfillment of a contractor's obligation under a city contract.
(25) Person includes one or more
individuals, corporations, partnerships, associations, labor organizations,
legal representatives, mutual companies, joint stock companies, trusts,
unincorporated organizations, trustees, trustees in bankruptcy, receivers,
fiduciaries and other organizations; except the term "person" does
not include any local, state or federal governmental entity.
(26) Prohibited dress code means a set
of rules governing, prohibiting or limiting access to a place or business, or
portion thereof, defined herein as a "public accommodation" because
of any of the following:
a. The wearing of jewelry, the manner in which
jewelry is worn or the combination of items of jewelry worn,
b. The wearing of a garment or headdress which is
generally associated with specific religions, national origins or ancestry,
c. The length of the sleeve of a shirt or the leg
of a pair of pants or shorts is too long, except that nothing herein shall be
construed to prohibit a dress code that requires the wearing of a shirt,
d. The style, cut or length of a hair style,
e. The colors of the garments,
f. In conjunction with a major Kansas City
sporting event the wearing of athletic apparel which displays either a number,
a professional or college team name or the name of a player;
g. The wearing of tee-shirts, except that nothing
herein shall be construed to prohibit a dress code that requires such
tee-shirts to have sleeves, or to prohibit a dress code that does not allow
undershirts, undergarments, or tee-shirts of an inappropriate length. Designer
tee-shirts, which are fitted and neat, cannot be banned.
(27) Public accommodation means any
place or business offering or holding out to the general public goods,
services, privileges, facilities, advantages or accommodations for the peace,
comfort, health, welfare and safety of the general public, or providing food,
drink, shelter, recreation or amusement, including but not limited to:
Any inn, hotel, motel or other establishment which provides lodging to
transient guests, other than an establishment located within a building which
contains not more than five rooms for rent or hire and which is actually
occupied by the proprietor of such establishment as his residence.
b. Any restaurant, tavern, cafeteria, lunchroom,
lunch counter, soda fountain or other facility principally engaged in selling
food for consumption on the premises, including but not limited to any such
facility located on the premises of any retail establishment.
c. Any gasoline station, including all facilities
located on the premises of such gasoline station and made available to the
d. Any motion picture house, theater, concert
hall, sports arena, stadium or other place of exhibition or entertainment.
e. Any public facility owned, operated or managed
by or on behalf of this city or any agency or subdivision thereof, or any
public corporation; and any such facility supported in whole or in part by
f. Any establishment which is physically located
within the premises of any establishment otherwise covered by this definition
or within the premises in which is physically located any such covered
establishment, and which holds itself out as serving patrons of such covered
g. Any institution, association, club or other
entity that has over 250 members, provides regular meal service, and regularly
receives payment for meals, beverages, dues, fees, the use of its facilities or
services directly or indirectly from or on behalf of nonmembers in furtherance
of trade or business.
(28) Redevelopment area means a tax
increment redevelopment area as defined in section 99.805(11); RSMo, a planned
industrial expansion project area as defined in section 100.300, et seq., RSMo;
an urban renewal project area or land clearance project area as defined in
section 99.300, et seq., RSMo; any area under the control of the port authority
of Kansas City, Missouri, or subject to a contract, lease or other instrument
to which the port authority is a party; or an area determined by the city to be
blighted pursuant to chapter 353, RSMo.
(29) Rent means to lease, sublease, let
or otherwise grant for a consideration the right to occupy premises not owned
by the occupant.
(30) Respondent means any person
against whom it shall be alleged by complaint or identified during the course
of an investigation that such person has violated, is violating or is about to
violate any provision of RSMo ch. 213 or this chapter.
(31) Sex. The term "sex," as
included in the prohibitions of this chapter, shall include sexual
(32) Sexual orientation means actual or
perceived heterosexuality, homosexuality or bisexuality.
(33) Subcontractor means any individual,
partnership, corporation, association or other entity, or other combination of
such entities, which shall undertake, by virtue of a separate contract with a
contractor, to fulfill all or any part of any contractor's obligation under a
contract with the city, or who shall exercise any right granted to a franchise
holder, and who has 50 or more employees exclusive of the parents, spouse or
children or such subcontractor.
(34) Unlawful discriminatory practice means any
discriminatory practice as defined and prohibited by sections 38-132, 38-133,
38-134, 38-135, 38-136 and 38-137.
Sec. 38-2. Affirmative action.
contract exceeding $300,000.00 shall include the following requirements as
material terms thereof:
(1) That contractor execute and submit an affidavit, in a form
prescribed by the City, warranting that contractor has an affirmative action
program in place and will maintain the affirmative action program in place for
the duration of the contract.
(2) That contractor submit, in print or electronic format, a copy
of its current certificate of compliance to the Human Relations Department
prior to receiving its first payment under the contract, unless a copy thereof
shall have already been submitted to the Human Relations Department at any
point within the previous two calendar years. If contractor does not possess a
current certificate of compliance, contractor shall submit, in print or
electronic format, a copy of its affirmative action program to the Human Relations
Department prior to receiving its first payment under the contract, unless a
copy thereof shall have already been submitted to the Human Relations
Department at any point within the previous two calendar years.
(3) That contractor require any subcontractor awarded a
subcontract exceeding $300,000.00 to affirm that subcontractor has an
affirmative action program in place and will maintain the affirmative action
program in place for the duration of the subcontract.
(4) That contractor obtain from any subcontractor awarded a
subcontract exceeding $300,000.00 a copy of the subcontractor’s current
certificate of compliance and tender a copy of the same, in print or electronic
format, to the Human Relations Department within thirty (30) days from the date
the subcontract is executed. If the subcontractor does not possess a current
certificate of compliance, the contractor shall obtain a copy of the
subcontractor’s affirmative action program and tender a copy of the same, in
print or electronic format, to the Human Relations Department within thirty
(30) days from the date the subcontract is executed.
Sec. 38-3. Contract conditions.
contracts hereafter executed by the city shall contain language requiring as a
condition thereof that all persons contracting with the city or contracting
with any public or private entity that receives 66 percent of its funding from
the city or receiving a franchise from the city or subcontractors of such
contractors or franchisees agree to refrain from any unlawful discriminatory
practice as defined in this chapter, that such persons agree to implement an
affirmative action program in connection with such contract or franchise when
applicable, and that if a contractor shall fail, refuse or neglect to comply
with these contract conditions such failure shall be deemed a total breach of
the contract and such contract may be terminated, canceled or suspended, in
whole or in part, and such contractor may be declared ineligible for any
further city contracts for a period of one year.
All contracts shall contain language to the effect that all contractors and
subcontractors agree to permit the director access, at all reasonable times, to
all books, papers, records, reports or accounts in possession of or under the
control of such person, as may be necessary to ascertain compliance with this
chapter, and to furnish such further information as may be required of such
person within ten working days of the date it is so requested in writing. The director
shall be authorized to conduct on-site audits of any contractor and
Sec. 38-4. Enforcement of
(a) If the director shall find
after investigation that a contractor or subcontractor has violated contract
provisions relating to unlawful discriminatory practice or affirmative action,
the director shall bring a complaint before the human rights commission. The commission
shall hold a hearing in accordance with this chapter. After rendition of the
commission's decision, the contracting officer involved shall serve upon the
respondent a copy of such order and decision. The respondent shall have 30 days
after delivery of the order and decision to demonstrate to the director
willingness to comply with the terms and conditions of such order, failing
which the contracting officer shall proceed to cancel, terminate or suspend the
contract, or declare the contractor ineligible to receive any city contract or
franchise for a period of one year, as such order may require. Willingness of
the contractor to comply with such order shall be evidenced by his or her
written agreement to comply with the terms and conditions set forth in the
Secs. 38-5 – 38-30. Reserved.
Section 2. That
Chapter 38, Code of Ordinances, is hereby amended by repealing Section 38-31,
Powers and duties of director, and enacting in lieu thereof a new Section
38-31, to read as follows:
Sec. 38-31. Powers and duties of director.
(a) The director
of human relations is hereby charged with administration and enforcement of all
sections of this chapter and is hereby authorized and empowered to do the
(1) Rules and regulations. To adopt, amend and
enforce rules and regulations relating to any matter or thing pertaining to the
administration of this chapter.
(2) Complaint investigation. To
receive, investigate and, upon finding probable cause on any complaint of
violation of RSMo ch. 213, to bring such complaint before the human rights
commission. If the director finds probable cause to believe that a violation of
this chapter has occurred, he may refer the matter to the city counselor's
office for prosecution in municipal court. Any staff assigned to assist the
commission shall be supervised by the director of human relations. The director
shall not have the power to process complaints of discrimination brought
against the city and shall defer any such complaints to the state commission on
human rights or any appropriate federal agency for processing.
(3) Authority regarding discrimination within
city administration. To investigate and recommend to the city manager
any policy changes or specific actions that the director determines are
necessary to ensure that the city administration is in compliance with the
provisions of this chapter or with state and federal discrimination laws.
(4) Initiation of complaints.
Whenever the director has reasonable cause to believe that an unlawful
discriminatory practice has occurred, he may initiate a complaint alleging
violation of any section of RSMo ch. 213 or of this chapter.
(5) Compliance investigation. To
investigate, survey and review any and all affirmative action programs, city
contracts and franchises which are subject to this chapter and to take such
action with respect thereto as shall ensure compliance with this chapter.
(6) Conciliation. To attempt to
eliminate any unlawful discriminatory practice or any other violation of the
terms of this chapter by means of conference, conciliation, persuasion and
negotiation and to enter into conciliation agreements.
(7) Authority to dismiss complaints.
To dismiss any complaint upon finding such complaint to be frivolous or without
merit on its face or upon a finding that the allegedly unlawful discriminatory
practice has been eliminated through conciliation.
Section 3. That this ordinance shall become
effective April 1, 2012.
Approved as to
form and legality:
Brian T. Rabineau
Assistant City Attorney