Official Ballot City of Special Election

Washington County. Arkansas
September 8. 2015

 

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INSTRUCTIONS TO VOTER:

r. Vote on me morean placing
an epptopriate?rnark beside
referendum either FOR or AGAINST.

2. Use the marking device provided to
darken the oval completely. It you
darken more than one oval. your vote
will not count.

3. if you make a mistake on ur ballot.
return it to an election article for a
replacement ballot. Do not attern to
erase or cross out any merit me in
error. You orgy rcetrlece up to two
ballots in an on.

Code if approved by a majority of
citizens voting in the election
shall be as follows:

'Uniforrn Civil Rights Protection
Purpose

is a welcoming. lair and
tolerant city which endeavms to ensure
that all of its citizens and visitors will be
free from unfair discrimination. Since
Federal and State law already protect
citizens from most discrimination. the
Uniionn Civil Rights Protection Article
shall extend existing protections to
lesbian. gay, bisexual. and transgender

 

ORDINANCE no. as;

AN ORDINANCE TO ENSURE
UNIFORM NONDISCRIMINATION
PROTECTIONS WITHIN THE CITY OF
FAYETTEVILLE FOR GROUPS
ALREADY PROTECTED TO VARYING
DEGREES THROUGHOUT STATE LAW

WHEREAS. laws including the Civil
Rights Act (42 U.S.C 2000s. et seq).
the Arkansas Civil Rights Act of 1993
(A.CA 16-123401 et seq.) and the
Arkansas Fair Housing Act (A.C.A. 
16-123-201 et seq.) provide Fayetteville
citizens with protections against
discrimination on the basis of race.
ethnicity, national origin. age. sex.
religion and disability. and

WHEREAS. the General Assembly has
determined that attributes such as
'gender Identity' and ?sexual orientation'
require protection A.C.A. (56-18-514
and

WHEREAS. Fayettevllie citizens deserve
fair. equal and digni?ed treatment under
the law. and

WHEREAS. Fayettevilie seeks to attract
a diverse and creative workforce by
promoting itseli to prospective
businesses and employees as a lair.
tolerant and welcoming community and

WHEREAS. the protected classi?cations
in A.C.A. 648614 for persons on
the basis of gender Identity and sexual
orientation should also be protected by
the City of Fayetteville to prohibit those
isolated but improper circumstances
when some person or business might
intentionally discriminate against our gay.
lesbian, bisexual and transgender
citizens: and

WHEREAS. in response to the concerns
recently expressed by the citizens of
Fayetteville on a similar issue. the
Fayetteville City Council recognizes their
interest in participating in the democratic
process and invites the citizens to decide
whether gender identity and sexual
orientation should also be protected by
the City of Fayettevilie.

NOW, THEREFORE. BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE. ARKANSAS:

1. Thatthe City Council of the

try of Fayettevllie. Arkansas hereby
raters this ordinance to the Fayetteviile
voters for their enactment or rejection in
a Special Election to be held on
September 8. 2015. The operative

revisions be enacted by

ayettenlie citizens into the Fayetteville

citizens and visitors as recognized
elsewhere In state law.

De?nitions

(A)  This de?nition adopts
and incorporates herein the de?nition of

Civil Rights Act or 1993. A.C.A. 
16-123-102 (4).

(8) "Employer". This definition adopts
and incorporates herein the de?nition of
'Empioyef as stated In the Arkansas
Civil Rights Act of 1993. A.C.A. 
16-123-102 (5).

(C) 'Gender ldentriy' means an
individuals own. bona fide sense of being
male or female. and the related extents!
draracteristics and behaviors that are
socially de?ned as either masculine or
feminine. Gender identity orrnay
not correspond to the sex ass had to the
individual at birth.

(0) 'Housing accommodation'. This
de?nition adopts and Incorporates herein
the de?nition of 'Houslng
accommodation' as stated in the
Arkansas FadrH Act Of 1993,
ACA. Its-123202 1).

(E) 'Place of public resort.
accommodation, assemblage or
amusement'. This definition adopts and
incorporates herein the de?nition of
'Place of public resort. accommodation.
assemblage or amusement? as stated in
the Arkansas Civil Rights Act of 1993.
A.C.A. {3 16423402 (7). Furthermore,
this shall not mean any religious facility
orother religious institution including their
owned and operated schools and
daycare facilities.

(F) 'Reel estate broker or salesman'.
This de?nition adopts and incorporates
herein the de?nition of 'Real estate
broker or salesman' as stated in the
Arkansas Fair Housing Act of 1993,
16-123-202 (2).

(6) "Real estate transactian This
de?nition adopts and Incorporates herein
the de?nition of ?Real estate transaction'
as stated in the Arkansas Fair Housing
Act or 1993. A.C.A. rerzszoz 

(H) 'Real property'. This de?nition
adopts and incorporates herein the
de?nition of ?Reai property' as stated in
the Arkansas Fair Housing Act oi 1993.
A.C.A. 16123202 (4).

I) ?Sexual Orientation' means

terosexuality. homosexuality or

bisexuality by practice. identity or
expressron

'Employee' as stated In the Arkansas  

Applicability and Exemptions

gt) The Uniform Civil Rights
rotection Article is only applicable to
discriminatory actions occurring within
the Fayettevilie city limits.

(8) This Articie adopts and incorporates
herein the entirety of AC.A. 16-123-103
Applicability of the Arkansas Chn?l

Rights Act

(C) Churches. religious schools and
daycare facilities. and religious
organizations of any kind shall be exempt
from this Article.

Discrimination Offense

(A) The right of an otherwise quali?ed
person to be free from discrimination
because oi sexual Orientation and gender
iden isthe samerightofeverycitizen
to be from discrimination because of
race. religion, national origin. gender and
disabiity as recognized and protected by

the Arkansas Civil Rights Act OI 1993.

(B) The Uniform Civil Rights
Protection Article adopts and
incorporates herein these rights as
quoted below:

(1) The right to obtain and hold
employment without discrimination;

(2) The right to the full enjoyment of
any of the accommodations, advantages.
facilities. or privileges of any place of
public resort, accommodation,
assemblage. or amusement;

(3) The right to engage in property
transactions (Including sales and leases)
without discrimination;

(4) The right to engage in credit and
other contractual transactions without
discrimination; and

(5) The right to vote and participate
fully in the political process.

(C) A person engaging in a real estate
transaction. or a real estate broker or
salesman. shall not on the basis oi
sexual orientation or gender identity
engage in any conduct likewise
prohibited by A.C.A. 5 16423404
Prohibited Acts of the Arkansas Fair
Housing Act on the basis at other
enumerated attributes.

(D) No employer shall discriminate
against nor threaten any Individual
because SuCh individual in good faith has
opposed any act or practice made
unlawful by this section or because such
person in good faith made a charge.
testi?ed, assisted or participated In any
manner in an investigation, proceeding or
hearing related to the Uniform Civil
Rights Protection Article.

VOTE ON OTHER SIDE

 

 

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Of?cial Ballet Stub

I TypiOl Seq:0001 Spt:01 4

or of Special Election
County, Arkansas

September 8, 2015

 


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FAY 01

 

 

 

Establishment and Duties of a Civil
Rights Commission

There is hereby established the Civil
Rights Commission. The Civil Rights
Commission shall review and decide
complaints of alleged discrimination in
vioiation of the Uniform Civil Rights
Protection Article. The Commission will
provide to the City Council an annual
accounting of the number of complaints
received and the outcomes.

Composition

(A) The Civil Rights Commission shall
consist of seven members composed of
the foilawing:

(1) Two (2) representatives of the
business community.

(2) Two (2) owners or managers of
rental property.

(3) One (1) representative with
experience in Human Resources or
employmenth

(4) Two (2) citizens at large. at least
one of whom identi?es as gay. lesbian.
bisexual, or transgender.

83) Members mil be appointed by the
ity Council. each for a term of three
years. Appointments shall be staggered
so that each year eithertwo or three
members' toms shall be available for
appoith by the Nominating
Committee.(C) Members of the Civil
Rights Commission may be removed
from of?ce by the City Council for cause
upon written charges and after a public
hearing.

Meetings

(A) The Civil Rights Commission shall
meet for an organizational meeting within
60 days after the dtizens enact this
ordinance and every year thereafter
following the appointment of new
members.

(8) Meetings shall be held at the call of
the chairperson.

C) A majority of the membership of the
'1 Rights Commission shall constitute
a quorum

(D) All meetings shall be open to the
public.

(E) The Civil Rights Commission shall
adopt rules necessary to the conduct for
its affairs. and in keepi with the
revisions of the City?s nlfonn Civil
Protection Article.

Staff Support

The City Attorney's office shall receive
complaints on behalf of the Civil Rights
Commission and assist the Commission
in performing its duties and carrying out
its responsibilities.

Complaint Procedure and
Enforcement

(A) A person asserting a claim of
discrimination herein referred to as the
'Complainant?. pursuant to this Uniform
Civil Rights Protection Article must.
present such claim in writing to the City

AttomeYs office no more than ninety (90)
days after the person has knowledge of
the facts giving rise to the claim of
discrimination. The City Attorneys office
will. within two (2) business days. notify
the Civil Rights Commission that a
complaint was received.

(8) informal mediation or conciliation
between the alleged discriminator. herein
referred to as the 'Respondent'. and
Complainant shall be attempted by the
City within four business days and before
any other enforcement measures can
begin. Such mediation or conciliation
measures shall be pursued in
accordance with the confidentiality
protections provided by A.C.A. 
164-206. Mediation and conciliation
should be concluded within two weeks
after the complaint is received unless
both parties agree to further efforts.

(C) If conciliation efforts are successful
in resolving the complaint. the Civil . 
Rights Commission will be noti?ed of
resolution and take no further action.

(0) If conciliation efforts fail to resolve
the complaint. the Civil Rights
Commission shall notify both par?es that
a hearing will be conducted at a specified
place and time not more than fourteen
(14) business days after the conclusion
of conciliation efforts but not less than
five (5) business days after issuance of
notice of the hearing.

(E) Cenduct of the Hearing:

(1) The Civil Rights Commission shall
review the initial complaint and

receive any additional evidence from the
Complainant.

(2) The Respondent shall have an
opportunity to elmiain or provide
evidence to rebut any allegations of
illegal discriminatory acts. No person
shall becompelled to be awitness
against himself in any formal 0r informal
hearing.

(3) After considering all the evidence
presented, It the Civil Rights Commission
detennlnes that the Respondent has
violated this Article, the Commission shall
forward the original claim and their
findings to the City Prosecutor.

(FIRM

(1) A person's first violation of this
ordinance shall carry a penalty of up to a
$100.00 fine. Fayetteville City Code 
10.99 General Penalty shall apply to any
subsequent violations.

(2) No violation ofthis Article shall be
construed to be a misdemeanor or
elony.

Severabillty

If any part, provision or section of this
ordinance is held invalid or
unconstitutional it shall be severed from
the remainder which shall remain valid
and enforceabie.?

That the City Council for the

4 ty of Fayetteville. Arkansas hereby
determines that if the Fayetteville voters
fall to approve the referred ordinance. the
ordinance will not go into effect; but if the
voters approve the ordinance. the
ordinance quoted in Section 1 will be

enacted into the Fayetteville Code and
become effective sixty (60) days after the
approving election.

FOR REFERRED ORDINANCE NO.
5781: AN ORDINANCE TO ENSURE
UNIFORM NONDISCRIMINATION
PROTECTIONS WITHIN THE CITY OF
FAYETTEVILLE FOR GROUPS
ALREADY PROTECTED TO VARYING
DEGREES THROUGHOUT STATE LAW

AGAINST REFERRED ORDINANCE
NO. 5781: AN ORDINANCE TO
ENSURE UNIFORM
NONDISCRIMINATION PROTECTIONS
WITHIN THE CITY OF FAYETTEVILLE
FOR GROUPS ALREADY PROTECTED
TO VARYING DEGREES
THROUGHOUT STATE LAW

FOR REFERRED
ORDINANCE NO. 5781

AGAINST REFERRED
ORDINANCE NO. 5781

 

 

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