22-407ORDINANCE NO.22-407
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 14 OF THE CODE
OF ORDINANCES (HEALTH & HUMAN SERVICES) TO ADD ARTICLE VIII, TITLED“NON-DISCRIMINATION IN PUBLIC ACCOMMODATIONS, EMPLOYMENTPRACTICES. AND HOUSING;” REPEALING CHAPTER 15 OF THE CODE OFORDINANCES (HOUSING), PROVIDING SEVERABILITY; PROVIDING A SAVINGSCLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION ANDCODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton celebrates its diverse population; and
WHEREAS, the City of Denton recognizes that legal protections extended to most
protected classes under federal and state law have not been completely extended to protect
individuals against discrimination based on their sexual orientation or gender identity; and
WHEREAS, the City of Denton declares it to be the public policy of the City that all
persons subject to its jurisdiction should enjoy equal human rights, including the ability to earnwages through gainful employment, to obtain and enjoy goods, services, facilities and
accommodations in all places of public accommodation, and to obtain housing, without being
subject to discrimination based on race, color, national origin, age, religion, disability, sex, sexual
orientation, or gender identity, which otherwise is detrimental to the peace, progress, and welfareof the City; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2. The City Council finds that adopting a Non-Discrimination Ordinance that
addresses public accommodations, employment practices, and housing, enhances the public
welfare and quality of life for residents, visitors, and businesses in the City of Denton.
SECTION 3. Chapter 14 of the City of Denton Code of Ordinances, entitled “Health &
Human Services,” is hereby amended to add Article VIII, entitled “Non-Discrimination in Public
Accommodations, Employment Practices, and Housing,” as provided as follows:
ARTICLE VIII: NON-DISCRIMINATION IN PUBLIC ACCOMMODATIONS,EMPLOYMENT PRACTICES, AND HOUSING
Sec. 14-203-1. Equal rights policy.
(a) Policy Declarations.
( 1) The City of Denton celebrates its diverse population, and to that end, it is hereby declared
to be the public policy of the City of Denton that all persons subject to its jurisdiction
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should enjoy equal human rights, including the ability to earn wages through gainfulemployment, to obtain and enjoy goods, services, facilities and accommodations in all
places of public accommodation, and to obtain housing.
(2) it is policy of the City of Denton to ensure that no one is denied employment, publicaccommodations, or housing based on race, color, national origin, age, religion,
disability, sex, sexual orientation, or gender identity.
(3) The City of Denton recognizes that legal protections extended to most protected classes
under federal and state law have not been completely extended to protect individualsagainst discrimination based on their sexual orientation or gender identity.
Sec. 14-203-2. Definitions
(a) in this ordinance, the following words, terms, and phrases, when used, shall have the
meanings ascribed to them, except where the context clearly indicates a different meaning:
(1) Administrator means the individual designated by the City Manager or their designee
to receive, investigate, and conciliate complaints under this ordinance and includes the
administrator’s designated representatives .
(2) age shall mean a person forty (40) or more years of age.
(3) Business day shall mean a day the City of Denton is open and conducts official business.
(4) Complainant shall mean a person who files a complaint pursuant to Section 14-203-11.
(5) Conciliation shall mean the attempted resolution of issues raised by a complaint or bythe investigation of a complaint, through informal negotiations or mediation.
(6) Conciliation agreement shall mean a written agreement setting forth the resolution ofissues pursuant to conciliation.
(7) Disability shall mean a physical or mental impairment that substantially limits one (1)
or more major life activities of an individual, a record of such an impairment or being
regarded as having such an impairment; it is to be construed to be in accordance withthe Americans with Disabilities Act and the ADA Amendments Act of 2008.
(8)Discrimination shall mean any direct or indirect disparate, prejudicial, or unjust
treatment, distinction, segregation, limitation, refusal, denial or other differentiation of
a person or persons, based on a particular characteristic or by classifying or categorizing
a person based on perceived or actual participation in a certain group of people with a
particular characteristic.
(9) Dwelling shall mean:
a.A building, structure or part of a building or structure, that is occupied as, or
designed or intended for occupancy as, a residence for one (1) or more persons;
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b. Vacant land that is offered for sale or lease for the construction or location of a
building, structure or part of a building or structure, described in subsection (a).
(10) Educational institution shall mean:
a.
b.
C.
d.
Any prekindergarten, kindergarten, primary, secondary, or postsecondary
educational institution, supported in whole or in part by state tax funds;
A "private school" as defined by V.T.C.A., Education Code § 5.001(6-a);
An "open-enrollment charter school" as defined by V.T.C.A., Education Code §
5.001 (6);
An "institution of higher education" as defined by V. T.C.A., Education Code §
61.003(8); or
e. A "private or independent institution of higher education" as defined by V. T.C.A.,
Education Code § 61.003(15).
(1 1) Employee shall mean any individual employed by an employer. The term does notinclude an elected official.
(12) Employer shall mean any person 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 includes any agent of such person. The term does not include any
person specifically excluded from this section.
(13) Employment agency shall mean any person, and any agent of a person, who regularly
undertakes, with or without compensation, to procure:
a. Employees for an employer; or
b.Opportunities for a person to work for an employer.
(14) Familial status means one (1) or more individuals, who have not attained the
age of eighteen (18) years, being domiciled with:
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 ; or
c. A person who is pregnant or is in the process of securing legal custody of any
individual who has not attained the age of eighteen (18) years.
(15) Family includes a single individual.
(16) Gender identity shall mean a person's real or perceived gender identity as male, female,
both, or neither, and/or an innate, deeply felt sense of gender, which may or may not
correspond to the person’s physical anatomy and also includes a person’s gender
expression through external characteristics and behaviors including, but not limited to,
dress, grooming, mannerisms, speech patterns and social interactions, that are identified
with a particular gender or sexual orientation.
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(17) Joint labor -management committee shall mean an entity that controls apprenticeship orother training or retraining programs, including on-the-job training programs.
(18) Labor organization shall mean a labor organization and any of its agents, and includes:
a.Any organization, agency or employee representation committee, group,association, or plan in which employees participate and that 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 and conditions of employment;and
b. Any conference, general committee, joint or system board or joint council so
engaged, that is subordinate to a national or international labor organization.
(19) Non-profIt organization shall mean an organization exempt from taxation as provided inInternal Revenue Code, 26 U.S.C. § 501 (c).
(20) Person includes one (1) 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 any other organization or entity of whatever character.
(21 ) Place of public accommodation means any of the following establishments if they are
open to the general public and, for compensation, offer any product, service, or facility
to the general public :
a.Any inn, hotel, motel, or other establishment that provides lodging to transient
guests, other than an establishment:
1.Located within a building that contains not more than five rooms for rent
or hire and that is actually occupied by the proprietor of the establishmentas a residence; or
2.In which the majority of the occupants are permanent residents and
maintain their fixed place of domicile in the establishment.
b.Any restaurant, 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 a retail
establishment or gasoline station;
C.
d.
e.
Any motion picture house, theater, concert hall, sports arena, stadium, or other
place of exhibition or entertainment;
Any bar, tavern, pub, drinking establishment, or facility where alcoholic
beverages are served;
Any retail or wholesale establishment selling any kind of goods or services;
or
f Any public conveyance, including stations and terminals.
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(22) Public conveyance shall mean any vehicle, or any other means of transport operated on
land, water or in the air, which in fact caters to, or offers its goods, facilities, or services
to, or solicits or accepts patronage from the general public. "Public conveyance" includes
any person who is the owner, lessee, operator, proprietor, manager, superintendent, agent
or employee or any public conveyance.
(23) Protected employment characteristic shall mean an individual's race, color, national
origin, age, religion, disability, sex, sexual orientation, or gender identity.
(24) Protected housing characteristic shall mean an individual's race, color, national origin,
age, religion, disability, familial status, sex, sexual orientation, gender identity, or aveteran’s source of income.
(25) Reasonable Accommodation means a change, exception, or adjustment to a rule, policy,
practice, or service that may be necessary for a person with disabilities to have an equal
opportunity to use and enjoy a dwelling, including public and common use spaces, or to
meet program requlrernents.
(26) Reasonable Cause means that there is sufficient evidence to allege that a respondent has
violated this ordinance. Evidence is sufficient if a reasonable person would believe that
further inquiry into whether a violation occurred is warranted.
(27) Reasonable ModifIcation under the Fair Housing Act means a structural change made to
existing premises, occupied or to be occupied by a person with a disability, in order to
afford such person full enjoyment of the premises.
(28) Religion shall mean all aspects of religious observance and practice, as well as belief.
(29) Religious organization shall mean:
a.A religious corporation, association, or society; or
b.A school, college, university, or other educational institution or institution of
learning, if:
1.The institution is, in whole or in substantial part, controlled, managed,
owned, or supported by a religion, religious corporation, association, or
socrety; or
2.The curriculum of the institution is directed toward the propagation of a
religion.
(30) Respondent shall mean a person, organization, or entity against whom a complainant has
filed a complaint pursuant to Section 14-203-11.
(31) Sex shall mean gender and the biological differences between men and women.
(32) Sexual orientation shall mean the actual or perceived status of a person with respect to
their sexuality.
(33) Source of income means lawful, verifiable income paid directly to a tenant (child support,
or spousal maintenance) or to a representative of a tenant, or paid to a housing owner or
landlord on behalf of a tenant, including federal, state, or local public assistance, and
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federal, state, or local housing subsidies, including, but not limited to, federal housingassistance vouchers issued under Section 8 of the United States Housing Act of 1937.
(34) :fo rent includes to lease, to sublease, to let and otherwise to grant for a consideration
the right to occupy premises not owned by the occupant.
(35) U.S. Department of Housing and Urban Development (HUD)-Veterans Afairs (VA)
Supportive Housing Program (HUD-WASH) is a collaborative program between HUD
and VA combining HUD housing vouchers with VA supportive services to helphomeless Veterans and their families find and sustain permanent housing.
(36) Veteran means a person who served in the active military, naval, or air service and who
was discharged or released under conditions other than dishonorable.
Sec. 14-203-3: Exclusions
Except as required by state or federal law, this ordinance shall not apply to the following:
(a) Religious organizations;
(b) The United States government or any of its departments or agencies;
(C)The State of Texas, or any of its departments, agencies, or political subdivisions.
Sec. 14-203-4: Public Accommodations
(a)Unlawful practice. It shall be unlawful for any person with care, custody or control over
the premises of a place of public accommodation or for any owner, employee or agent,
of a place of public accommodation to discriminate against any person on the basis of
race, color, national origin, age, religion, disability, sex, sexual orientation, or gender
identity, to :
1.Directly or indirectly exclude, segregate, limit, refuse, or deny to any person any of
the accommodations, advantages, facilities, benefits, services or goods, offered to
the general public at a place of public accommodation; or
2. Circulate, issues, display, post, mail, or otherwise publish a statement,
advertisement, or sign indicating that:
a. A person will be denied accommodations, advantages, facilities, benefits,
privileges, services, or goods at that place; or
b. The patronage or presence of a person at that place is objectionable,
unwelcome, unacceptable, undesirable, or unsolicited.
(b) Defenses.
1. It is a defense to prosecution under this subsection on the basis of disability that thediscrimination resulted from a condition or structural feature that is in conformance
with the law
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2. It is a defense to prosecution if the refusal to admit a person to a place of public
accommodation or the expulsion of a person from a place of public accommodation
was required by law.
(C)Additional Exclusion.
1.This section does not apply to a bona fide social, fraternal, educational, political,
religious, or civic organization, including a private club, that is restricted tomembers of the organization/club and guests and is not open to the general public,
when the profits of the accommodations, advantages, facilities, and services (above
reasonable and necessary expenses) are solely for the benefit of the
organization/club.
Sec. 14-203-5: Employment Practices
(a) Unlawful practice . It shall be unlawful for an employer to discriminate against any
person on the basis of race, color, national origin, age, religion, disability, sex, sexual
orientation, or gender identity by the following actions or inactions:
1.For an employer to fail or refuse to hire, or to discharge, any person;
2.
3.
For an employer to discriminate against any person with respect to compensation,
terms, conditions, or privileges, of employment;
For an employer to limit, segregate or classify employees or applicants for
employment in any way that would deprive or tend to deprive a person of
employment or employment opportunities, or that would otherwise adversely affect
a person's status as an employee;
4.
5.
For an employment agency to fail or refuse to refer for employment, or to otherwise
discriminate against, any person because of a protected employment characteristic;
For an employment agency to classify or refer for employment any person, on the
basis of a protected employment characteristic;
6. For a labor organization to exclude or expel from its membership, or to otherwise
discriminate against, any person because of a protected employment characteristic;
7.
8.
For a labor organization to fail or refuse to refer for employment any person because
of a protected employment characteristic;
For a labor organization to limit, segregate or classify its members or applicants formembership, in any way that would deprive or tend to deprive a person of
employment or employment opportunities, or that would otherwise adversely affect
a person's status as an employee or as an applicant for employment;
9. For a labor organization to cause or attempt to cause an employer to discriminate
against a person in violation of this ordinance;
10. For an employer, a labor organization or a joint labor-management committee, to
discriminate against any person because of a protected employment characteristic
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in the admission to, or employment in, any program established to provide
apprenticeship or other training;
11. For an employer to print or publish, or cause to be printed or published, any notice
or advertisement relating to employment by the employer that indicates any
preference, limitation, specification, or discrimination, based on a protected
employment characteristic;
12.For an employment agency to print or publish, or cause to be printed or published,any notice or advertisement relating to membership in or any classification or
referral for employment by the employment agency that indicates any preference,
limitation, specification, or discrimination, based on a protected employmentcharacteristic; or
13.For a joint labor-management committee to print or publish, or cause to be printed
or published, any notice or advertisement relating to admission to, or employment
in, any program established to provide apprenticeship or other training by the joint
labor-management committee that indicates any preference, limitation,
specification, or discrimination, based on a protected employment characteristic.
(b) Additional Exclusions.
1.Nothing in this subsection prohibits a notice or advertisement from indicating a
preference, limitation, specification, or discrimination, based on a protected
characteristic when a protected characteristic is a bona fide occupational
qualification for employment.
2.This section does not apply to, and does not require, the provision of employee
benefits to a person for the benefit of the person's domestic partner.
Sec. 14-203-6: Housing
(a)It is the policy of the City of Denton to provide, within constitutional limitations, for
fair housing throughout the City by ensuring the opportunity for every person to obtain
housing without regard to race, color, national origin, age, religion, disability, familial
status, sex, sexual orientation, or gender identity.
Fair Housing means the prohibition of discrimination based on race, color, nationalorigin, religion, sex, familial status, or disability when renting or buying a home,
getting a mortgage, seeking housing assistance, or engaging in other housing-related
actrvrtres .
(b)
(c) Unlawful practice. It shall be unlawful for any person to discriminate against any person
on the basis of race, color, national origin, age, religion, disability, familial status, sex,
sexual orientation, or gender identity by engaging in the following housing practices:
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1.In the Sale and Rental of Housing. A person engages in a prohibited discriminatoryact if, because of race, color, national origin, age, religion, disability, familial status,
sex, sexual orientation, or gender identity, they:
a.
b.
C.
Refuse to rent or sell a dwelling;
Refuse to negotiate for the purchase or rental of a dwelling;
Discourage the purchase or rental of a dwelling or otherwise make
housing unavailable;
d.
e.
Impose different sales prices or rental charges for the sale or rental of a
dwelling; or
Set different terms, conditions or privileges for sale or rental of a
dwelling or in the provision of services or facilities therewith.
2 Other Prohibited Discriminatory /4 cfs. A person engages in a prohibited
discriminatory act if, because of race, color, national origin, age, religion, disability,
familial status, sex, sexual orientation, or gender identity, they:
a.Based on a person’s disability, refuse to make a reasonableaccommodation in rules, policies, practices, or services when such
accommodations may be necessary to afford persons with disabilities an
equal opportunity to use and enjoy a dwelling and public and common useareas ;
b.Based on a person’s disability, refuse to permit, at the expense of the
person with a disability, reasonable modifications of existing premises
occupied or to be occupied by such person if such modifications may be
necessary to afford such person full enjoyment of the premises;
C.In publication, make, print or publish, or cause to be made, printed, or
published, any notice, statement, or advertisement, relating to the sale or
rental of a dwelling that indicates a preference, limitation, or
discrimination, for a protected housing characteristic or an intention to
make any preference, limitation, or discrimination, based on a protected
housing characteristic;
d.In inspection, represent to a person that a dwelling is not available for
inspection, sale, or rental, when the dwelling is available for inspection,sale or rental;
e.
f
For profit, induce or attempt to induce a person to sell or rent, or to not
sell or rent, a dwelling by representing that people of a particular protected
characteristic are about to move into the neighborhood;
In brokerage services, deny access to or membership in any multiplelisting service or real estate brokers’ organization or other service
organization or facility;
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g.In residential real-estate-related transactions, refuse to make a mortgage
loan, provide other financial assistance for a dwelling, impose different
terms or conditions in a real-estate-related transaction, or otherwise
discriminate against a person in making a real-estate-related transactionavailable.
3. Veteran Source of Income. Except as prohibited by Texas Local Government Code,
Section 250.007, as amended, it shall be a discriminatory practice to discriminate in
housing based on a Veteran’s source of income
(d) Additional Exclusions.
1.This subsection does not apply to the following:
a.To the sale or rental of a single-family house if the owner does not own
more than three (3) single-family houses at any one (1) time. Any such
sale of a single-family house shall be limited to one (1) such sale within
any twenty-four (24) month period if the owner is not the most recent
resident of the house prior to the sale or does not live there at the time of
the sale, and the owner did not use the services or facilities of a real estate
broker, agent, or salesman, or their agents and employees, for the sale orto advertise the sale in violation of this subsection; or
b.To a rental of a dwelling containing living quarters occupied or intended
to be occupied by no more than four (4) families living independently of
each other if the owner actually maintains and occupies part of the
dwelling as his residence.
C.Religious organizations and private clubs are allowed to give preference
to their members as long as they do not discriminate in their membership.
2.
3.
4.
Nothing in this article limits the applicability of any reasonable local, state, or
federal restrictions regarding the maximum number of occupants permitted to
occupy a dwelling.
Nothing in this article regarding discrimination based on familial status applies with
respect to housing for older persons as set out and defined in the Fair Housing Act.
Nothing in this article prohibits conduct against a person because such person has
been convicted by any court of competent jurisdiction of the illegal manufacture ordistribution of a controlled substance as defined in section 102 of the ControlledSubstances Act, 21 U.S.C. 802.
(e) Housing Enforcement; complaints.
1 Any person who claims to have been injured by a discriminatory housing practice
or who believes that they will be irrevocably injured by a discriminatory housing
practice that is about to occur, hereinafter referred to as the "person aggrieved,"
may request assistance from the administrator to file a complaint with the Fair
Housing and Equal Opportunity Division of the Region VI office of the U.S.
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Department of Housing & Urban Development. The administrator, if requestedby the person aggrieved, may assist with preparation and submission of the
complaint to the U.S. Department of Housing and Urban Development.
2.Whenever the administrator has reasonable cause to believe that any person orgroup of persons is engaged in a pattern or practice of resistance to the full
enjoyment of any of the rights granted by this article or that any group of persons
has been denied any of the rights granted by this article, administrator may prepare
and file a complaint to the U.S. Department of Housing & Urban Development.
setting forth the facts in his own name, and such complaint shall be treated in the
same manner as a complaint filed by a person aggrieved.
3.The administrator shall receive and accept notification and referral complaintsfrom the U.S. Attorney General and the Secretary of Housing and UrbanDevelopment pursuant to the provisions of Title VIII, Fair Housing Act of 1968,
Public Law 90-284, as amended (42 U.S.C. 3610), and shall treat such complaintsin the same manner as other complaints filed pursuant to this section.
Sec. 14-203-7: Unlawful Intimidation, Retaliation and Coercion
It shall be unlawful for any person to discriminate against, harass, threaten, harm, damage or
otherwise penalize or retaliate against another person for opposing an unlawful practice, forfiling a complaint, or for testifying, assisting or participating in any manner in an
investigation, proceeding or hearing, in connection with an act of discrimination prohibitedby this ordinance.
Sec. 14-203-8: Effect on Legal Remedies
(a)
(b)
(C)
This ordinance shall not affect the right of any person to pursue any legal remedy for
discriminatory practices available under federal or state law by filing a claim with theappropriate public agency or by filing a private civil action.
This ordinance does not create a private cause of action.
All of the regulations provided in this ordinance are hereby declared to be governmental
and for the health, safety, and welfare of the general public. Any member of the CityCouncil or any City official or employee charged with the enforcement of this
ordinance, acting for the City of Denton in the discharge of their duties, shall not
thereby render themselves personally liable; and they are hereby relieved from all
personal liability for any damage that might accrue to persons or property as a result of
any act required or permitted in the discharge of their said duties.
Sec. 14-203-9: Administration
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The City Manager or their designee shall be responsible for implementing and administeringthis ordinance.
Sec. 14-203-10: Penalty
Any violation of the provisions or terms of this ordinance by any person, firm or corporation
shall be a misdemeanor offense and shall be subject to a fine of up to $500 in accordance withSection 1-12(a)(4) of the City Code of Ordinances for each offense, as well as injunctive
relief. Every day a violation continues shall constitute a separate offense. A violation shall bereferred to the City Attorney’s Office for prosecution if conciliation efforts are unsuccessful.
Sec. 14-203-11: Complaint Process
(a) A person who claims to have been discriminated against in violation of this ordinance
may file a complaint with the City Manager or their designee. A complaint must be filed
within ninety (90) calendar days after an alleged unlawful practice has occurred.
(b) A complaint shall be in writing on a form provided by the City Manager or their
designee, made under oath or affirmation, and shall contain the following information:
1. Name and address of the respondent.
2. Name, address, email address, and signature of the complainant.
3.Date of occurrence of the alleged unlawful practice.
4.Statement of the facts upon which the allegation of an unlawful practice is based.
(c) Within ten (10) business days after the filing of a complaint, the City Manager or their
designee shall review the complaint and notify the complainant in writing as to whether
the city will:
1.Refer the complainant to another public agency pursuant to subsection (d) below;
2.Deny the complaint due to incomplete information;
3.Deny the complaint because it is legally deficient or untimely;
4.Accept the complaint for investigation.
(d)If the claim for discrimination is within the jurisdiction of a federal or state agency, the
complainant shall be referred by the city to the appropriate public agency. The
complainant shall be responsible for filing the discrimination complaint within
timeframes set out in federal and state law and the city shall take no further action with
regards to the complaint.
(e) if, and only if, a federal or state agency to which a claim for discrimination is referred
pursuant to subsection (d) of this subpart refuses to materially investigate the claim basedupon a lack of jurisdiction, the complainant shall have thirty (30) calendar days, running
from the date the complainant receives notice from the federal or state agency, to
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resubmit their complaint pursuant to subsection (b) of this section. If a complainant is
resubmitting a complaint in accordance herewith, the complaint shall contain a copy of
the correspondence or other documentation from the federal or state agency indicating
its refusal to investigate or denial of the complaint based on jurisdictional grounds, in
addition to the documentation required by subsection (b) of this subpart.
(f)The burden of proof shall be on the complainant that an unlawful act occurred.
Sec. 14-203-12: Investigation
(a)Promptly after a complaint that is not within the jurisdiction of a state or federal agency
pursuant to See. 14-203-11 (d) or the complainant receives notice from the federal or
state agency and has resubmitted their complaint pursuant to See. 14-203-11 (e) of this
section, the City Manager shall commence an investigation.
(b)The City Manager or their designee shall, in writing:
1. Notify the respondent named in the complaint that a complaint alleging the
commission of an unlawful practice has been filed against the respondent;
2. Furnish a copy of the complaint to the respondent; and
3. Advise the respondent of the procedural rights and obligations of the
respondent, including the right to file a written, signed, and verified informalanswer to the complaint within fifteen (15) business days after service of notice of
the complaint.
(c) Not later than the 15th business day after service of the notice and copy of the
complaint, a respondent may file an answer to the complaint. The answer must be inwriting, made under oath or affirmation, and contain the following information:
1. Name, address, email address, telephone number, and signature of therespondent or the respondent’s attorney, if any; and
2. Concise statement of facts in response to the allegations in the complaint,
including facts of any defense or exception.
(d) The City Manager or their designee may dismiss a complaint at any time if theydetermine that:
1. The complaint was not filed within the required time;
2. The location of the alleged unlawful practice is not within the City’s jurisdiction;
3. The alleged unlawful practice is not a violation of this ordinance;
4. The complainant refuses to cooperate in the investigation of the complaint or
enforcement of an executed conciliation agreement;
5 . A conciliation agreement has been executed by the complainant and the respondent.
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The City Manager or their designee shall, in writing, notify the complainant and the
respondent of the dismissal of the complaint and include a statement of the reason for thedismissal.
(e)The City Manager or their designee shall prepare a final investigative report showing, at aminimum, the names and dates of contacts with witnesses; a summary of
correspondence and other contacts with the aggrieved person and the respondent
showing the dates of the correspondence and contacts; a summary description of otherpertinent records; and a summary of witness statements. A final report under this
section may be amended if additional evidence is discovered. Ifthere are legal questions
involved, the complaint will be sent to the City Attorney’s Office for review.
(f)After completion of the investigation, the administrator shall make available to the
complainant and the respondent, at any time, information derived from the investigation
and the final investigation report related to the investigation, except for information that
is not subject to disclosure pursuant to state law, federal law, or common law privacy.
The complaint, the investigative report, and any evidence collected therein, shall be
subject to public disclosure pursuant to the Texas Public Information Act. Prior to any
release, documents related to the complaint/investigation shall be reviewed by the City
Attorney’s Office to ensure information that is excepted from disclosure by state law,
federal law, or common law privacy is redacted. If necessary, the City Attorney may
submit the information to the Texas Attorney General’s Office for an opinion.
(g)
Sec. 14-203-13: Conciliation
(a)If during or after the investigation, the City Manager or their designee determines that
there is reasonable cause to believe discrimination occurred, the City shall attempt to
conciliate the complaint. In conciliating a complaint, the City Manager or their designee
shall try to achieve a just resolution and obtain assurances that the respondent will
satisfactorily remedy any violation of the complainant’s rights and take action to ensure
the elimination of both present and future unlawful practices in compliance with this
ordinance. This can include the voluntary discontinuance of the unlawful practice by the
respondent and adequate assurances of future compliance with this ordinance combined
with an educational component. Nothing said or done during the course of conciliationmay be made public or be used as evidence in a subsequent proceeding under this
ordinance. For these purposes, complaints and proceedings under this article shall be
considered as litigation.
(b)A conciliation agreement executed under this section must be in writing in a form
approved by the City Attorney and must be signed and verified by the respondent and
the complainant. A conciliation agreement is executed upon its signing and verification
by all parties to the agreement. An agreement shall be a public document, subject to any
redactions required by state law, federal law, or common law privacy.
(c) A party to an executed conciliation agreement shall not be prosecuted in municipal court
for the unlawful practice identified in the agreement unless the complaint notifies the
City Manager or their designee within one (1) year of a violation of the agreement for
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the same discriminatory practice addressed by the agreement and the City Attorney
determines that the agreement has been violated.
(d) if a conciliation agreement cannot be reached, the matter may be reviewed for criminal
enforcement pursuant to Section 14-203-10.
Sec. 14-203-14: Defenses
(a) Any applicable federal or state constitutional or statutory defense may be asserted by a
person alleged to be in violation of this section.
(b) it is a defense that a person alleged to be in violation of this section was acting pursuantto a court order.
Sec. 14-204-15: Education and Public Information
In order to further the intent and objectives of this ordinance, the City Manager or their
designee may conduct educational and public information programs.
SECTION 4. Chapter 15 of the City of Denton Code of Ordinances, entitled “Housing,”
is hereby repealed in its entirety.
SECTION 5. This Ordinance shall be cumulative of all provisions of ordinances of the City
of Denton, except where the provisions of this Ordinance are in direct conflict with the provisions
of such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 6. It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause,
sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since
the same would have been enacted by the City Council without the incorporation in this Ordinance of
any such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 7. The City Secretary is hereby directed to record and publish the attached
rule, regulation, and policy in the City’s Code of Ordinances as authorized by the Texas LocalGovernment Code.
SECTION 8: This Ordinance shall become effective one hundred-twenty (120) calendar
days from the date of its passage, and the City Secretary is hereby directed to cause the caption of
this Ordinance to be published twice in the Denton Record-Chronicle , the official newspaper of
the City of Denton, Texas, within ten (10) days of the date of its passage.
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The motion to approve this Ordinance was made by & b A rm Ir\+or and seconded by
Pall1 14ettzar ; this Ordinance was passed and approved by the following
vote U-A:
Au W Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
J®se Davis, District 3:
Alison Maguire, I>istdcl 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
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b/
b/
P/
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PASSED AND APPROVED his he ahA day of qa/oh _, 2022.
ATrEST:
ROSA RIOS, CITY SECRETARY
r’3£g£ _diLL,
APPROVED AS TO LEGAL FORM:
MACK RERqWAND, CITY ATrORNEY
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