Chapter 2.45 — HUMAN RIGHTS COMMISSION

It is declared as the public policy of the City that it is necessary and appropriate to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination as that term is defined in this Chapter.

(Ord. 1578 § 1, 2000; Ord. 1920 § 2, 2017)

For the purpose of this chapter:

"Commission" means the Palm Springs human rights commission.

"Conciliation" means a voluntary process in which a neutral third party serves as an intermediary between the conflicting parties. The parties may or may not meet directly.

"Discrimination" means the treatment of or distinction against a person based on the group, class or category to which that person belongs rather than on individual merit and contrary to federal, state or local law. Discrimination can include discrimination because of race, religion, color, ancestry, national origin, age, gender, sexual orientation, disability, medical condition, marital status, parental status, source of income, HIV status, or any other arbitrary factor.

"Domestic partnership" means two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring and refers to those persons who have registered as domestic partners pursuant to a valid and current statement of domestic partnership on file with the city under this Chapter 2.45 and where all of the following requirements are met:

• (1) The partnership is between no more than two persons, each of whom is eighteen years old or older;

• (2) The persons are not related by blood in a way which would prevent them from being married to each other in the state of California;

• (3)

  • The persons are not married or a member of another domestic partnership;

• (4) The persons have agreed to be jointly responsible for their common care, welfare and basic living expenses, in that each partner has agreed to provide for the other partner's basic living expenses if the partner is unable to provide for herself or himself;

• (5) Each of the persons is competent to enter into a contract or consent to the domestic partnership;

• (6) Both persons' domiciles are in the city and they share a common residence, but this does not require that the legal right to possess the residence be in both names;

• (7) Neither person has officially declared to the city that he or she has a different domestic partner nor has previously made and concurrently maintained such declaration to any other jurisdiction; provided, that any such prior declaration has been terminated; and further provided, that this shall not bar any such concurrent declaration filed with the Secretary of State of California if such declaration is for the same partner at the Palm Springs domicile;

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City of Palm Springs, CA § 2.45.010

PALM SPRINGS CODE

§ 2.45.030

• (8)

  • The persons have been cohabitating for a period of at least six months; and

• (9) The persons will complete, sign under penalty of perjury and personally submit to the city clerk a statement of domestic partnership in the form prescribed under this Chapter 2.45.

"Domicile" shall mean the one location the respective person considers to be his or her most settled and permanent location, the place where he or she intends to remain and to which, whenever he or she is absent, to which he or she has he intention of returning.

"Mediation" means a voluntary dispute resolution process in which the parties in conflict meet with a neutral third party in an attempt to resolve the conflict or dispute in a manner that is satisfactory to the parties in conflict.

"National origin" shall mean place of origin, immigration status, cultural or linguistic characteristics, or ethnicity.

"Reasonable cause" means a threshold standard for the commission to initiate a conciliation or mediation process. The standard is met when the investigation of the alleged unfair or unlawful practice produces sufficient credible evidence that would cause a reasonable person of ordinary care and prudence to conclude that the unfair or unlawful practice occurred.

"Source of income" means any source of funds obtained through lawful means, including, but not limited to, any form of government financial aid, alimony payments, or child support payments. The same financial requirements must be applied to everyone regardless of the legal source of income. If a person's income and credit history would be considered sufficient if it were received as a salary, it must be considered sufficient from other sources as well. Nothing in this chapter or the provisions thereof shall be construed as prohibiting the conduct of a credit history review and the denial of a benefit or a privilege based thereon, so long as the credit review is conducted in a fair and nondiscriminatory manner.

"Unfair" means not fair or conforming to fundamental notions of justice, honesty, ethics or the like.

"Unlawful" means any policy or practice which constitutes illegal discrimination as defined in federal, state or local laws.

(Ord. 1426 § 2, 1992; Ord. 1578 §§ 2, 3, 2000; Ord. 1920 § 3, 2017)

This chapter applies to all discriminatory practices and resulting intergroup tensions specifically covered by the provisions of this chapter occurring within the territorial limits of the city or within any governmental agency or any other agency under the jurisdiction of the city. Nothing in this chapter, however, shall be interpreted or applied so as to create any power or duty in conflict with the preemptive effect of any federal or state law. Nor shall anything in this chapter be implemented in a way that overlaps already existing federal or state programs; rather, federal or state programs shall be utilized, or supplemented when necessary, appropriate, and feasible, to give effect to this chapter.

(Ord. 1426 § 2, 1992)

• (a) Creation.

There is created within the city a human rights commission, consisting of nine members,

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City of Palm Springs, CA

ADMINISTRATION AND PERSONNEL

§ 2.45.030

§ 2.45.030

appointed by the mayor with the approval of the city council, to serve at the pleasure of the city council. Subject to its unfettered legislative discretion, the council will attempt to ensure that sufficient funding and staff are provided to assist the commission in carrying out its duties and responsibilities, and to ensure that the commission reflects the social, ethnic and cultural diversity of the community.

• (b) Term—Vacancies.

  • (1) Members of the commission shall be appointed or removed in accordance with and shall be subject to all of the provisions of Chapter 2.06 of the Palm Springs Municipal Code, as the chapter now reads, or as it may thereafter be amended from time to time; provided, however, that of the nine members first appointed, two shall serve a term ending June 30, 1994; two shall serve a term ending June 30, 1995; three shall serve a term ending June 30, 1996; and two shall serve a term ending June 30, 1997. Such terms shall be drawn by lot at the first meeting of the commission following the appointment of the nine members.

  • (2) Notwithstanding the provisions of Chapter 2.06, members whose terms expire sooner then July 1, 1994, shall be eligible for reappointment to a succeeding full term. A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission pursuant to this chapter.

• (c) Powers and Duties of the Commission. Within the limitations provided by law, the human rights commission shall:

  • (1) Conduct programs designed to bring groups together to close gaps resulting from past discriminatory practices and to address proactively current or ongoing intergroup tensions;

  • (2) Mediate disagreements among individuals, groups and organizations which result from discriminatory practices within the scope of this chapter;

  • (3) Process complaints which cannot be resolved through mediation as provided in the procedures which follow;

  • (4) Render a semiannual written report of its activities to the mayor and council. Such report shall include:

    • (A) Case histories of conciliation or mediation settlements made under this chapter, the disclosure of which, in the judgment of the commission, will further its objectives,

    • (B) Recommendations to the mayor and council of additional actions, policies, procedures or legislation deemed by the commission to be necessary to carry out the purposes of this chapter;

  • (5) Maintain data on practices, activities, hate crimes, and other problems which are the subject of this chapter;

  • (6) In addition to the other powers and duties set forth in this chapter, the commission shall have the power and duty to:

    • (A) Prepare and disseminate educational and informational material relating to

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City of Palm Springs, CA § 2.45.030

PALM SPRINGS CODE

§ 2.45.040

prejudice and discrimination and recommended ways and means of eliminating such prejudice and discrimination,

• (B) Furnish cooperation, information, guidance and technical assistance to other public agencies and private persons, organizations and institutions engaged in activities and programs intended to eliminate prejudice and discrimination,

• (C) Consult and maintain contact with human relations agencies, other public agencies, and representatives of employers, labor unions, property owners' associations, professional associations, national origin groups, community organizations concerned with interracial, interreligious and intercultural understanding, social welfare organizations, and such other private organizations and institutions as the commission shall deem advisable, to further the objectives of this chapter,

• (D) Advise and make written recommendations to the mayor, city council and city manager concerning the development and implementation of programs and practices for the purpose of furthering the objectives of this chapter. If necessary, the commission and an agency, board or officer which the commission is assisting shall submit timely reports of progress in establishing and implementing such programs and practices as are from time to time requested by the mayor or council. The commission shall not have jurisdiction over matters within the authority of other city boards and commissions, except under specific direction from the city council,

• (E) Investigate, and with the assent of the concerned parties, conciliate or mediate all incidents of discrimination within the scope of this chapter to the extent such functions are not within the responsibilities of the California Fair Employment Practices Commission or any federal, county, state, city or other established agency, and make specific and detailed recommendations to the interested parties as to the method of eliminating such discrimination,

• (F) Prepare, encourage and coordinate programs based on established laws, regulations, policies or goals to eliminate or reduce existing inequalities and disadvantages in the community resulting from past discriminatory practices,

• (G) Refer for appropriate action any matters not resolved through conciliation or mediation to the appropriate prosecutorial or regulatory entity pursuant to Section 2.45.040,

• (H) Request through the city manager information, services, facilities or any other assistance for the purpose of furthering the objectives of this chapter,

• (I) Appoint subcommittees of members of the commission as may be required to address specific human relations problems, and/or advisory committees of members drawn from various segments of the Palm Springs population,

• (J) Support and participate in activities which bring together various factions and viewpoints on emerging issues in a way that will help the community to resolve the issues which arise with change.

• (Ord. 1426 § 2, 1992; Ord. 1428 § 1, 1992; Res. 20441 § 1, 2002)

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City of Palm Springs, CA

ADMINISTRATION AND PERSONNEL

§ 2.45.040

§ 2.45.040

• (a) The commission shall prescribe a form on which a complaint may be lodged by any individual or entity that an unfair or unlawful practice of discrimination, as defined in Section 2.45.010 of this chapter, has occurred. Such complaint shall be filed with the commission under the penalty of perjury, and shall initiate the referral and/or mediation and conciliation powers of the commission.

• (b) Upon receipt of a verified complaint, the commission shall conduct such preliminary investigation as is necessary to determine if the allegations thereof fall within the jurisdiction of any federal or state agency, commission or authority. Upon a determination that such federal or state jurisdiction exists, the commission shall refer the complaint to the appropriate state and/or federal agency, commission or authority, and provide notice of the receipt and referral of the complaint to the complainant and the individual or entity charged in the complaint.

• (c) Upon receipt of a verified complaint, the commission shall notify both the complainant and the individual or entity charged in the complaint of the availability of the mediation or conciliation services of the commission. If all parties to the complaint agree to participate in voluntary mediation or conciliation, the commission shall then conduct such further investigation necessary to determine if reasonable cause exists to mediate or conciliate the complaint.

• (d) If the commission determines that reasonable cause exists to mediate or conciliate the complaint, the commission shall notify the parties thereto, and the chair of the commission shall designate one or more commissioners to assist the parties in their efforts to mediate or conciliate the complaint.

• (e) In undertaking to mediate or conciliate the complaint, the commissions(s) may convene meetings, conferences or such other discussions with the parties (collectively or separately) as is mutually agreed upon. The commissioner(s) shall not undertake a formal or evidentiary hearing or maintain a written record of the conciliation or mediation proceedings. It is the purpose of this chapter to provide an informal and nonconfrontational forum for the parties to mutually resolve the complaint. Such meetings, conferences or discussions as may be held or convened may, upon request of any party, be conducted privately with the public excluded therefrom except to the extent otherwise provided by law.

• (f) The commissioner(s) may assist the parties in discussing the facts in support of or in response to the complaint, may assist the parties in negotiating a mutual resolution to the complaint, may offer specific recommendations to the parties as to the disposition of the complaint, and may otherwise assist in the conciliation or mediation of the complaint as the parties shall mutually agree upon.

• (g) If the commissioner(s) cannot assist the parties in resolving the complaint through conciliation or mediation, the commissioner(s) shall declare an impasse between the parties, which declaration shall terminate the services of the commission and its jurisdiction over the complaint. Thereafter, the commission may advise the complainant of such appropriate or available remedies as may exist to further pursue the allegations of the complaint.

• (h) All parties participating in the conciliation or mediation process retain such legal or

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City of Palm Springs, CA § 2.45.040

PALM SPRINGS CODE

§ 2.45.070

constitutional rights, privileges and defense as otherwise exist in law. The participation of the commission in the conciliation or mediation of any complaint shall not be deemed to constitute a decision, finding of fact, judgment or order of the commission, nor shall any statement, recommendation or suggestion of the assigned commissioner(s) be binding upon or admissible in any court in any subsequent proceeding.

• (Ord. 1426 § 2, 1992)

Nothing in this chapter or the provisions thereof shall be construed as granting or denying to an aggrieved individual or entity any additional right to pursue a civil action against any person, firm, partnership, association or corporation, or any agency, board or officer of the city, or any action allowed under state or federal law.

(Ord. 1426 § 2, 1992)

• (a) The commission shall be deemed an advisory body to the legislative body and thus be governed by all procedures of the Ralph M. Brown Act.

• (b) The commission shall adopt appropriate meeting procedures so that meetings will be conducted in accordance with the Brown Act as frequently as necessary to carry out the purposes of this chapter, but no less than once a month.

• (c) If a member absents himself or herself without advance permission of the commission or the city council from three consecutive meetings or twenty-five percent of the duly scheduled meetings within any fiscal year, the chair shall file a certification with the city clerk that such absences have occurred, and his or her office shall thereupon automatically become vacant and shall be filled as any other vacancy.

• (d) Five members shall constitute a quorum of the commission, and any ruling, decision or other action of the commission may taken by a majority of those members present and voting, provided a quorum is present.

• (Ord. 1426 § 2, 1992)

• (a) Domestic partners, who meet the qualifications of a domestic partnership under this chapter may make an official record of their domestic partnership by completing, signing and submitting in person to the city clerk, on the form prescribed by the city clerk, a "statement of domestic partnership" stating that they meet the requirements of this chapter.

• (b) The statement shall establish the location of domicile and be signed by both partners under penalty of perjury, with both signatures being notarized.

• (c) Each domestic partner who submits a statement of domestic partnership with the city clerk agrees to notify the city of any change in the status of their domestic partnership.

• (d) A statement of domestic partnership may be amended to reflect changes, such as a change in address of the partners, by filing in person a new statement of domestic partnership.

• (e) No person who has a statement of domestic partnership on file with the city clerk may file

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City of Palm Springs, CA

ADMINISTRATION AND PERSONNEL

§ 2.45.070

§ 2.45.110

another statement of domestic partnership until a statement of termination of domestic partnership is filed with the city clerk in accordance with this chapter.

• (f) No statement of domestic partnership shall be deemed effective unless submitted to the city clerk in accordance with the provisions of this chapter.

• (Ord. 1578 § 4, 2000)

• (a) A domestic partnership is terminated when one of the following occurs: (1) one partner dies or is married, (2) the partners no longer have a common residence, or (3) one partner gives the other written notice by certified mail of termination. Upon the occurrence of such event, at least one former partner shall file with the city a statement of termination of domestic partnership.

• (b) Any member of a domestic partnership may terminate the domestic partnership by jointly or unilaterally completing, signing under penalty of perjury and submitting in person to the city clerk a statement of termination of domestic partnership in the form prescribed by the city clerk.

• (c) A domestic partnership shall be deemed terminated thirty days after the filing of the statement of termination of domestic partnership and, if applicable, proof that the statement of termination was either mailed to, served on or personally delivered to the former partner, when such former partner did not appear personally in the city to file the statement of termination of domestic partnership.

• (d) No termination of domestic partnership shall be deemed effective unless submitted to the city clerk in accordance with the provisions of this chapter.

• (Ord. 1578 § 4, 2000)

• (a) No statement of domestic partnership or statement of termination of domestic partnership shall be accepted by the city clerk unless accompanied by payment of the filing fee in an amount which may be established from time to time by resolution of the city council.

• (b) Payment of filing fees shall entitle the person filing the subject statement to have two copies of said statement certified by the city clerk.

• (c) The cost of certification of additional copies of a statement shall be an amount per copy as established by resolution of the city council.

• (Ord. 1578 § 4, 2000)

The city clerk shall maintain adequate records of all statements of domestic partnership and all statements of termination of domestic partnership along with a register of domestic partnerships. No statement of domestic partnership or termination shall be valid and binding without the signature and seal of acknowledgement by a notary public. (Ord. 1578 § 4, 2000)

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 2.45.110

§ 2.45.150

• (a) Registration as a domestic partner under this chapter shall not be evidence of, or establish, any rights existing under law other than those expressly provided hereunder.

• (b) The filing of a statement of domestic partnership hereunder shall not change the character of property, real or personal, or interest in real or personal property owned by either domestic partner or both of them, and the formation of a domestic partnership shall not, in and of itself, create any interest in or rights to, any property, real or personal, owned by the partner in the other partner, including but not limited to, any rights similar to community property rights or "palimony" rights under common law.

• (c) The formation of a domestic partnership hereunder shall not change the individual income or estate tax liability of each partner prior to and during the partnership, unless otherwise provided under another state or federal law or regulation.

• (d) This chapter is not intended to make the California Uniform Partnership Act (California Corporations Code Section 15001, et seq.) applicable to domestic partnerships.

• (e) At the election of the partners, they may enter into a durable power of attorney for any authorized purposes, including but not limited to, health care or the disposition of personal effects at the time of death; provided, that the statement complies with the requirements of the Uniform Durable Power of Attorney Act (Article 3, commencing with Section 2475, of Division 3, Part 4, Title 9 of the California Civil Code).

• (Ord. 1578 § 4, 2000)

All health care and psychiatric care facilities located in the city, including but not limited to hospitals, convalescent facilities or other long-term care facilities, shall allow a domestic partner of a patient to visit the patient unless the applicable rules of the facility prohibit all visitors. (Ord. 1578 § 4, 2000)

A domestic partner of an inmate in the city jail shall be allowed to visit the inmate unless: (1) the applicable rules prohibit all visitors, or (2) the police department decides that a particular visitor is a threat to the security of the jail.

(Ord. 1578 § 4, 2000)

Persons registered with the city as domestic partners are entitled to file, on behalf of their domestic partner, any applications, approvals, licenses or permits that the city allows to be filed for any person by that person's spouse. This includes, but is not limited to, all business applications, licenses and permits; all planning, building and land use applications, licenses and permits; all health, safety and regulatory applications, licenses and permits; and all other municipal applications, licenses, and permits, whatsoever. (Ord. 1578 § 4, 2000)

Any person or entity defrauded by a false representation in a statement of domestic partnership, an amendment to such statement or a statement of termination of domestic partnership may bring

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City of Palm Springs, CA

ADMINISTRATION AND PERSONNEL

§ 2.45.150

§ 2.45.160

a civil action against either or both partners pursuant to the laws of the state of California to recover his, her or its actual losses, damages or injuries.

(Ord. 1578 § 4, 2000)

The provisions of and the rights and benefits accorded by this Chapter 2.45 shall be applicable to persons registered as domestic partners in any other jurisdiction with a comparable domestic partnership enactment.

(Ord. 1578 § 4, 2000)

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City of Palm Springs, CA

ADMINISTRATION AND PERSONNEL

§ 2.50.010

§ 2.50.040