HomeMy WebLinkAboutORD NO 1146 ORDINANCE NO. 1146 N~W S~RIES
AN ORDINANCE PROHIBITING DISCRIMINATORY PRACTICES IN EMPLOY~I~T
BECAUSE OF RACE, CGLOR, RELIGION, ~NCESTRY, NATIONAL ORIGIN~ OR
PLACE OF BIRTH BY ~LOYERS, ~LOY~ENT AGI~CIES~ LABOR ORGANIZA-
TIONS~ AND OTHERS: CRF~TING A COMMISSION ON EQUAL E~PLOY~ENT
TU~ITY, AND PRESCRIBING ITS DUTIES AND POWERS GENERALLY; AND PRO-
VIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
BE IT ORDAINED by the Council of the City of Bakersfield,
as follows:
SECTION 1.
FINDINGS, It is the desire of the Council of the City of
Bakersfield to promote the public welfare of all the citizens of said
City regardless of race, religion, color, ancestry, national origin or
place of birth~ by encouraging equal employment opportunity to all
citizens, and to lessen and prevent discrimination against anyone on
the grounds herein mentioned~ by preventing or prohibiting such dis-
crimination wherever possible, thereby encouraging all citizens to
reach the full development of their individual potentialities and to
provide adequately toward the economic security of their families and
the education of their children and to make their contribution to
the industrial, business and civic life of this City.
And it is the conclusion of this Council that discrimination
in employment by reason of race, color, religion, ancestry, national
origin or place of birth tends to impose substantial financial burdens
upon the public revenues which must be used for the relief and
~_melioration of the condition of those affected by such discrimination
wherever it exists, and that by encouraging widespread employment
among all persons willing to work, such will tend to lessen disease~
delinquency and crime when due to poverty or lack of employment.
S~CTION 2.
DECLARATION OF POLICY. It is hereby declared that every
~nhabitant of 'this City has the right to equal employment opportunity
without being subjected to discrimination because of race, religion,
color, ancestry, national origin or place of birth.
SECTION 3.
SCOPE OF ORDINANCE. This ordinance applies to employment
1.
practices within the territorial limits of this City and to the
hiring of persons elsewhere for work to be performed within the City
where such hiring outside of the City is for the purpose of evading
the provisions and requirements of this ordinance.
SECTION 4.
DEFINITIONS. (a) The term "person" wherever used in this
ordinance means and includes any individual, partnership, corporation,
labor organization, or other association, including ~hose acting in a
fiduciary or representative capacity whether appointed by a court .~
otherwise. The term "person" as applied to partnerships, labor
organizations, or other associations includes their members and as
applied to corporations includes thei~ officers.
(b) The term"'employer" wherever used in this ordinance
means and includes the City, and
1. Ali. departments, officers, agents or employees of the
City and its instrumentalities.
2. All. contractors and their sub-contractors engaged in
the performance of any contract entered into with this City or any
of its contracting agencies; and
3. All private employers having five (5) or more employees
in this City exclusive of the parents, spouse, or children of such
employer, or his domestic servants. The term "employer", however,
shall not include religious or social corporations or associations
not organized or operated for private profit.
(c) The term "labor organization" wherever used in this
ordinance means and includes any organization in this City which exists
f or the purpose in whole or in part, of collective bargaining or of
dealing with employers concerning grievances, terms or conditions of
employment or of other mutual aid or protection in relation to employment.
(d) The term "employment agency" wherever used in this
ordinance means and includes any person engaging in business or
regularly .undertaking in this City, with or without compensation, to
procure opportunites for employment or to procure, recruit, refer
or place employees.
2.
(e) The term "employment" wherever used in this ordinance
does not apply to the employment of individuals to serve as domestic
servants nor to the employment of individuals by religious or social
corporations or associations not organized or operated for private
profit.
(f) The term "discrimination" includes but is not limited
to "segregation."
(g) The term "commission" means the City of Bakersfield
Commission on Equal Employment Opportunity.
SECTION 5.
UNLAWFUL EMPLOYMENT PRACTICES. It shall be an unlawful
employment practice, except where based upon applicable security
regulations established by the United States, by the State of Cali-
fornia, or by the City of Bakersfield:
(a) .For any employer to refuse to hire any individual or
to otherwise discriminate against any individual with respect to
hiring, tenure, compensation, promotion, discharge or any other terms,
conditions or benefits of employment because of race, color, religion,
ancestry, national origin or place of birth;
A determination or choice by the employer based upon
standards or criteria uniformly, fairly and impartially applied to
all applicants or persons considered shall not constitute a violation
of this ordinance.
If the employer in fact makes occupational qualifications
the basis of his determination, proof of discrimination must include
proof that complainant is better qualified than the individual selected,
promoted or retained.
(b) (1) For any employer, employment agency, or labor
organization to use any form of application for employment or membership
containing questions or entries regarding race, color, religion,
ancestry, or national origin;
(2) For any employer, employment agency or labor organiza-
tion to require of any applicant for employment or membership any
information concerning race, color, religion, ancestry or national
3.
origin~
(3) It shall be permissible and lawful for an employer~
subsequent to the employment of any individual~ to require~ secure
and record any such information concerning an employee~ including a
photograph of su.ch ~uployee~ if such inquiries are reasonably necessary
to the operation of the employerts firm or business and such information
is not used for the purpose of violating this ordinance. The right
to require~ secure and record such information shall be subject to the
power of the Commission to impose limitations thereon in appropriate
cases.
(c) It shall be permissible and lawful~ however~ for a
prospective employer of any individual or groups of individuals~ to require
and secure a photograph~ sketch or moving picture of such prospective
employee or e~ployees~ when any hiring is to be done without personal
interview and the nature of the employment depends mainly upon physical
appearance~ personality~ demeanor and manner~ or ability of such
prospective employee or e~ployees to make personal public appearances
for entertain~ent or lecture purposes~ whether on stage~ television or
by other visual means.
(d) For any e~ployer~ e~ployment agency or labor organization
to announce any policy or to cause to be published or circulated any
notice~ information~ or advertisement relating to employment or member-
ship which indicates any preference~ limitation~ specification~ or
discrimination because of race~ color~ religion~ ancestry~ national
origin or place of birth~
(e) For any ~ployment agency to fail or refuse to classify
properly or refer ~or e~ployment or otherwise discriminate against
any individual because of race~ color~ religion~ ancestry~ national
origin or place of birth.
(f) For any labor organization to discriminate against
any individual in any way which would prevent his acquiring~ or would
terminate or limit~ or otherwise adversely affect his union membership
or his employment opportunities including his status as an applicant~
his tenure~ compensation~ promotion, discharge or any other terms~
conditions or privileges related to employment because of race~ color~
religion~ ancestry~ national origin or place of birth~
(g) For any employer~ employment agency or labor organiza-
tion to discriminate against any individual because he has lawfully
opposed any practice forbidden by this ordinance or because he had
made a complaint or testified or assisted in any manner in any investi-
gation or proceeding under this ordinance.
(h) For any person to obstruct or prevent any person from
complying with the provisions of this ordinance or any order issued
thereunder or to attempt to commit or cause to be committed any act
declared by this ordinance to be an unlawful employment practice.
The burden of proving the existence of an unlawful employ-
ment practice shall be on the party holding the affirmative of the
issue as required by Section 1981 of the Code of.Civil Procedure of
the State of California. In cases of alleged discrimination against
individuals~ evidence of a pattern of employment or quota system in
existence subsequent to the effective date of this ordinace shall be
admissible.
None of the acts made unlawful by subsections (a) through
(h) of this section shall be unlawful employment practices if the
employment, membership, or service in question by its unique nature
requires classifications which include any of the forbidden criteria.
The burden of proof shall be upon the person asserting the unique
nature of the employment, membership or service to establish such fact.
No employer shall be liable for any discrimination practiced
by a labor organization unless such employer participates in or co-
operates with such acts of discrimination by such labor organization.
The fact that the employer agrees to secure all new employees from
a labor organization or agrees to give the labor organization an
5.
opportunity to fill vacancies in employment or the fact that the
employer agrees with the labor organization to recognize prior rights
to employment based on seniority or previous employment in the industry
does not~ of itself~ constitute participation or co-operation by the
employer in any discrimination practiced by the labor organization.
No labor organization shall be liable for any discrimina-
tion practiced by an employer unless such labor organization partici-
pates in and cooperates with such acts of discrimination by such
employero The fact that the labor organization agrees to provide
all new employees for an employer ~r that there is an agreement which
gives the labor organization an opportunity to fill vacancies in
employment or the fact that the labor organization recognizes prior
rights to employment based on seniority or previous employment in the
industry does not of itself constitute participation or cooperation
by the labor organization with the employer in any discrimination prac-
ticed by the employer~ provided these seniority rights are applied
equally by the labor organization to a~ll members on a unifo~n non-
discriminatory basis.
Notw~thstanding any other provision of this ordinance~ it
shall not be an unlawful employment practice for any employer~
employment agency~ or labor organization to require citizenship or
residence qualifications~ or both~ as a condition of employment~
membership~ or servic'e on a uniform~ nondiscriminatory basis.
SECTI~ 6.
CO~ISSIONON E~UAL E~LOYMENT ~PPORTUNITYo (a) The City
of Bakersfield Co~Juission on Equal E~ployment Opportunity shall serve
without pay and shall consist of seven (7) me~bers to be appointed by
the ~ayor with the approval of the City Council. T~o (2) of the
members who are first appointed shall be designated to serve for ter~s
of one (1) year~ two (2) for two (2) years~ two (2) for three (3)
years and one for four (4) years from the date of their appointments.
Thereafter~ members shall be appointed as aforesaid for a term of
office of four (4) years~ except that all of the vacancies occurring
6.
during a term shall be filled for the unexpired term. A member shall
hold office until his successor has been appointed and has qualified.
The Mayor shall designate which of the members of the Commission
appointed shall be the first chairman~ but when the office of the
chairman of the Commission becomes vacant thereafter the Commission
shall elect a chairman from among its members. The term of office
as chairman of the Commission shall be for the calendar year or for
that portion thereof remaining after each such chairman is designated
or elected. Any member of the Commission may be removed by the Mayor
v/~pon notice and hearing before the City Council assembled for such
purpose, for neglect of duty or for malfeasance in office but for no
other cause. Any such determination shall be by the affirmative vote
of four (4) members of said Council.
It shall constitute malfeasance in office for any Commissioner
to divulge or reveal to any person~ except the parties to the proceed-
ings, members of the Commission and its staff, any evidence or informa-
tion obtained in any proceedings pursuant to Section 8 (b) hereof.
It shall constitute malfeasance in office for any Commissioner
to divulge or reveal to any person, except to the parties to the
proceedings, members of the Commission and its staff or the City
Attorney under and pursuant to Section 9 hereof~ any evidence or
information obtained in any proceedings pursuant to Section 8 (c) hereof.
(b) The Commission shall submit to the City Council an
estimate of the necessary expenses for its operation during the ensuing
fiscal year, and said Council shall in its discretion appropriate
such sums as it may deem necessary for such purpose.
Any employee of the Commission or of the City assigned to work
with the Commission who shall divulge or reveal to any person other than
parties to-the proceedings, members of the Commission and its staff any
evidence or information obtained under or pursuant to Section 8 (b) hereof,
shall be subject to dismissal for insubordination.
Any employee of the Commission or of the City assigned to work
with the Commission who shall divulge or reveal any evidence or in, formation
obtained under Section 8 (c) hereof to any person, except to parties
to the proceedings, members of the Commission and its staff and the City ..
Attorney, under and pursuant to Section 9 hereof, shall be subject to
dismissal for insubordination.
SECTION 7.
POWERS AND DUTIES. The Commission on Equal Employment Opportunity
shall:
(a) Formulate plans of education to promote fair employ-
ment practices by persons subject to this ordinance°
(b) Make technical studies and prepare and disseminate
educational material relating to discrimination and ways and means
of eliminating it°
(c) Confer, co-operate with, and furnish technical
assistance to persons subject to this ordinance in formulating educa-
tional programs for elimination of discrimination.
(d) Receive, investigate and seek to adjust all complaints
of discrimination as herein provided°
(e) Make specific and detailed recommendations to the
interested parties as to the method of eliminating discrimination.
(f) Render to the Mayor from time to time, or upon request,
but not less than annually, a report of its activities°
(g) Make and publish reports of case histories of concilia-
tion settlements made under this ordinance which in its judgment will
effectuate the purposes of this ordinance. Reports of case histories
of conciliation settlements shall not, unless the consent of the
parties is first obtained, include names or other facts which might
clearly identify the p~rties; but it shall be mandatory to publish
representative case histories from time to time for the guidance
and education of the public.
(h) Initiate complaints as provided in Section 8 (a) hereof.
(i) Refer unsettled complaints to the City Attorney as provided
in Section 9 hereof.
8.
... ,.. ', -..,.. ....~ - ..... :..., . ............~ ..> .
ADJUSTMENT AND SETTL~NT oF COY~PLA~NTS'~:. '.(a) All c~p....~,~i~:"'?' ..:
·: .: ......: ....... ,..' · . .,: .. . .. ... , i.~.~?.~:-~.,.~".'" :.-: .. . ·
before· the Commission shall be '~.;/~t~ signed~ properly verif~e:/[':.&~d' ' :-.: ....
.- . :.. ~ '~ - .
filed by the individual who,.all'e~es '.discriminatiOn...asatns.~..: '~i~ within -...
· '-"" . ....?.?::i...';' .
sixty '(60) days ·after 'the ·.alleged discriminatory. act. '.is committed,.
,..: ~. ' ' " .~ '.':'i." ~.: .... .... .... ~ :';.'
except that complaints alleging violations .of ··Section 5 (b) .(I.)t:;;'"'.~}'
(g) and (h).h, ereo'f ~ay be initiated by the 'Commission itselI.'~n ..
·
"' sixty (60) days after tho alleged discriminitory act..'ie .committed, · ': ...
t-:co.py of such complaint shall be furnished to th,.~'~.®i'son charged' a.~'..
· . .~.:, ~'.'-:i:~ '
the time of filing. Such complaint shall sta.~.....~he name and '.ad~
of the person~ employer~ labor organization or employment,..~go.ncy .-.:
alleged to have connnitted the unlawful emplo~ent Practice comp.lai!!ed;:~
of and shall set forth the particulars thereof· and contain such· °the~"
information as may bo required by the rules and 'regulations o£. the.
Commission,
Any employer whose employees~ or some of' ~ho'~e employees, .'
obstruct or prevent any person from complyin~ with the provisionS,'..Of'i'
this ordinance~ or attempt to do so~ may iilo'With· the Commis .sion a ..:.
verified compla].nt asking assistance by conciliation or remedial action, .~ ..
(b) Upon tho filing of any .comPl. aint a m~'~iber of the .. ...
Commission shal~t make a full and prompt lnvestiga{i°n in connection..
therewit.h, In,-,~uch case the Commissioner may' utilize., the services of
a staff assistant or of a person assigned.by the CitY. }ianager to work
with the Commission, If~ upon such i~vestigation the Commissioner. Shall
find that the person charged in the .complaint has not .engaged in or is
not engaging in any unlawful employment .practice~ the.complain.t Sha"ll.b~
dismissed. ... ..
If tho Commissioner shall determine after such investigation
that probable c:ause exists for the allegations made ~n the' complai.nt-~ :..
· char~ '-:
ho shall endeavor to eliminate the unlawful employment practice··
in the complain't by means of conciliation and l~rsuasion. ~lthin tl~e .. ".'
limits set £orth in Section 9 (c) the Commissioner may reco~end such.·
agfirmative, action as the case may require, "":" .(...
(c) In case of failure to eliminate. ~..h~..~:.unlawful. ~mpl°Yment-'
practice by the means provided .~n. Sect'ien...'S. ), a quorum of the'~Om-
mission shall convene for'the purl~s~to'f review~..~g'~"~he matter and shall,
by conciliation and mediation, endeavor to eliminate the discrimi.nation.:
charged. Such proceedings shall be 'private. In'.furtherance.of
conciliation and mediation the Commission may make specific..reC°mmenda-
'tions to the parties but such recommendations shall not constitute..' '.'"
a decision, finding of fact, judgmen2_ or order of the Commission, 'or
be binding upon~ or be admissible in any court in any subsequent pro~
ceedings Under Section 9 hereof. Within the limits set forth in
Section 9 (c) the Commission may recommend such affirmative action
as the case may require. .....
(d) ][n the performance of its duties under ~he provisions ..
of Section 8 (c) of this ordinance~ the Commission~ by majority vote~
may require by subpoena the attendance of any person and/or the
prodUction of any relevant papers~ documents' or records under his
control which are'relevant and reasonably necessary to the'inquiry.
The Commission shall have no other power of subpoena. Disobedience. '..
to any subpoena issued by the Commission un, er this ordinance shall
constitute a misdemeanor.
(e) All evidence and information given to or obtained by
the Commission ~n any proceedings under'.the provisions of Section 8'(b)
hereof~ shall be confidential and no such evidence or information.
shall be divulged or revealed by any member of the Commission or its
staff or by any employee of the Commlssion~ or 'of the. C~ty assigned, to
work with the. Commission~ or by the complainant, t° any person other -.:. "'...
than parties to the proCeedings~ members of the Commission and its. staff
or used against any person at any time by any member-or employee'of"
the Commission. -' .-
All'evidence. and. informatioa.given-t~, o=..-Obtained.b¥..~
Commission in any proceedings under the pro'visions of Section 8 (c) ..
hereof shall be confidential and no .such evidence o~'~nformation shall
be divulged or revealed to any person except ~o parties to the.procee~in~s~
· .. . .~ ..,.[' .." '-..' .-..'~'.,· . .. . .'
the above prohihltion by complainant ~&l~' in the dlsc.re_.."..~ of the
Commission~ be grounds for dism~ssal.~"of any proceedings then l~end~n~..:'.".·
· .' '.~.;'...' ... · . .~
eviden~e, to the COmmission in any pro~eedi~gs, under the ~O'V~sions
· .. . o '~.~ .°.' .. !, ~ .. ·
Of Section 8 (b) ·hereof shall not constitute a wa~ve~any ~ega!
or constitutional pr~vileges or defenses. .i::~... .....
(f) If the ·parties accept the r. ecommendat~ons..~.f....::::.tke'
.. · . ... '...,~:~::.' ' .
Commi~'.~on the mar'ret shall be ·dee.ed settled and ..~~t. ed and no
other proceedSngs shall be had or t~ken' ' '
(g) ~:lenever the Commission determines that any
agent or employee of the City has eng,;ged or is eng&g~....n~.... :~n an unlawful
employment practice it shall recommend appropriate action to the ~ayor,
SECTION 9~
COURT PROCEEDINGS. (a) If the Commission ~s unable-to
eliminate the discrimination charged~ the Commission may~ bY'a majority
vote of all members' certify the matter to the City Atto.rney for '"
appropriate legal actiou to secure compliance w~th the provisions 'of
th~s ordinance.
The Commission shall~ at the time of certifying said matter~
transmit to the City Attorney a copy 'of its recommendations in such
case.
The City Attorney shall proceed in the name of the City~
no less than t~enty (20) and no more than forty (40) days thereafter,
to invoke the aid of an appropriate court to secure compliance ~th
the provisions of this ordinance.· If the CommisSion prior 'to .:.the'
commencement of the court proceedings as a reSUlt of its effort of
adjustment or otherwise finds that the defendant is no longer engaging
"'' 'in 'unlaWful employment practices an~ h~as complied wi~h'-t'he ~ec~mme~d~"-
tions of the Commission~ no such proceedings shall, be instituted.
(b) In. any court proceedings instituted by the City Attorney
the court shall hear and consider the matter· as .if it had never been
before the Co~unission, and there Shall be no presumptions.~..~.~ii,~.~ .~.?'.
... ... .,
of any priOr action of the' Commission/..~r ..shall there ..b.~".:any pres'U~p~ :" . "'
...... · .:. ·
tion against. .a. dofondant arising out...:)¢~;.~lS: refusal:"to "accept or. ., ...'... ;,...,,.~;....
comply with any recommendation of the ._C. ommiss$on,...~ .in such ca~eSi['[~.... "'
· ~... . . .... "~ .( · .. . ?,~.?:~ '"....
burden of proof shall be upon the Ci~y-'~o ~.~.~b'[:~'h by comi~.~,n~"~nd : · "...
substantial evidence that the defendant has violated., the~'~[t~hance. '.
' ' .' .....~. C'..'-;,~"~ ' · '" . ..'
.~.~ ;0 .~'...~ . .. · .... · ....
., '.. "(c)' ..No person shall be liab.Ie in dama~e~,::~r.'..'~r any mo.n~..'.tary,.,.
jud~nent in excess of a sum equal to .ninety:.(90).:.,days.' back p~y,, i~. S':'":~': .
.....' ..,.. . . .' · '.'. ,.,,: .! ...... ' · ~..,;..,~" .. '. ." -
or earnings O.f.~,!'~he individual discrimin.a~ed"ag~i~st, It .8~i'~e the' "' ....
· .:. · . ~'.~.'"j~ '., ~ .
duty of any lndivl'dual. .. discriminated against, to' s/i~:?'his loss ',.... ..'~' .-..,-
or damage by attempting to secure other· suitable employment,, and the. '"" "-" '.
liability of the employer, labOr organization or employm~,nt "agency ' ' '.".t':
shal'l be reduced to the extent such individual has f~t.l~d to min~u!ze. '""
his damage· .. .-'.. ...
· (d) In every court proceeding instituted by .,~"City .:: . '..
Attorney to secure 'compliance with this ordinance~ the defendant'aha-ll· '"
be entitled to a jury trial on the issue of damages or back
the court, without a jury may make ail other equitable orders .pertain- ..
ing to all other issues· "" '! .: ·
(e) t~uy employer who employs any individual pursuant to" "
any formal' or informal recommendation of the Con~uisslon~ or pursuant... ...'-'.".....?
'to' any order of the court rendered hereunder, may make adjus, tments, i[.''':'I'' ..... ......,.
in his work force so that such employment does not increase' the'. number
of his employees or roqulre him to employ more persons ghan necessary. · : "
SECTION 10o .. '..'
CITY CONTRACTS. In the even~" that two or more adverse . .
court decisions are rendered in cases .originating within 'a period of
one (1) year whereby any employer, labOr organization or'employ~ent. .. : ..'" '
agency is found by the court to have· violated· the provisions, of t.h~8.. '.'.
ordinance and where such employer, labor organization or emplOYment.a.ge,.l!c.,~r.
has been guilty, of deliberate, wilful and persistent 'violation~ 'of' :.. ·
this ordinance~ the Commission shall after securing decla~atory relief
as hereinafter set forth certify such finding to the ~ayor,. whereupon' .'. .... ....
the l~ayor shall order all departments of this City not to enter into
. · ~ · .' ....., : '- - ' ".. · ,. r~: ;,'. · ."' · ·
~ , . . · · : -......' ....; '.: ~ . '. f,: " · .,- .: '." ' '."..:2,~...~? "-~":"'~':" '.'.. ~.~ .~..~...:..~_.~..~' '. ' -,. "~.~.l,'m '..' '"...
any contract with such employer~ ":'...~bor organization or emPlOYme'nt
agency ?. for a period of one (1) year, TM '"' :..:......
~f°re. making such a findi~~'"..Commission"~Y appropriate..
action for decla~atory relief brought .i~'-the name of the City Of .-.. "
.. . · .... . ..:..~ ...... ~,~..'~ .... . ,-
· . ' c..::!...~'~ '~ ... .... · . '.
Bakersfield by the City Attorney must-.::-Ob~i'a fr~'"the Superio~' 'Court
a declaration that such employer~ la ,~.."r.'i'°rganizatio'n: ~r employment
agency has been guilty of such delibe~.ate, Wilful .and'Persistent "
violations of this. ordinance as to entitle' th~ 'Commission to certify. '....
such find.ings to t'he ~ayor.o " " '.'.i'- ." "
... · · .,..... . ....~;..~ :~.
NO DUFLICATION OF REMEDIE3~ "The ri'ght.S. ~,.~' remedies herein
granted by the provisions of this ordinance. 'to'~ person aggri.eve'~ are
deemed to be entirely adequate and this ordinance and the pro~2S'ions
thereof shall not be construed as granting to. an aggrieved individual
any right to pursue a civil action in addition to~ or in place of~ the
remedies enumerated in this ordinance.
SECTION 12. ..
SEVERABILITY.. The provisions of this ordinance are severable"
and if any provision~ sentence~ clause, ·section or part thereof is." ...
held illegal, invalid or unconstitutional or inappliqable ..to' any person
or circumstancer such illegality, invalidity, 'unconStitutionality or ..
inapplicability shall not affect or impair any of the remaining prd:~' ....
visions, sentences~ clauses, sections or parts of the ordinance· or '"
their application to other persons and circumstances: I~'is hereby
to be the legis'[ati.~e intent that this ordinanCe w~uld h~ve been
adopted if such illegal, invalid or unconstitutional provision~ 'sentence~'
clause.~ section or part had not been included therein~ and if the
person or circ~uastances to which the ordinance or any part· thereof is
inapplicable had been specifically exempted· therefrom.
SECTION 13.
REPEAL. Any ordinance or part of any ordinance conflicting with
the provisions of this ordinance be and the same is hereby repealed
so far as the s.~ne affects this ordinance.
SECTION 14.
This ordinance shall be effective thirty ·days from and~after
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 3rd day of September~ 1957, by the
following vote:
AYES: Balfanz, Carnakis, Collins, Croes, I)ewire, Doolin
NOES: None
ABSENT: Bent ley
City Cl~rk an~d Ex-Officio Cler.k of the
Council of the City of Bakersfield.
APPROVED this-3rd day of September, 1957.
14.
Affi av ! of O r nanres
STATE OF CALIFORNIA, ]
County of Kern ~ ss.
MARIAN S. IRVIN, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that
on ................... .S..~l).~_~_~.b_..e___r.__.~.~.~. ...................................... , 19....5..7.. she posted on the Bulletin Board at
the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a
meeting 'thereof duly held on ............. ..S..~j~..t..e...m.b..~...r...._3. .................................... ,19.5....7...., which ordinance
was numbered ....... _~l.~.G. .................. New Series, and entitled:
AN ORDINANCE PROHIBITING DISCRIMINATORY PRACTICES IN EMPLOYMENT
BECAUSE OF RACE, COLOR, RELIGION, ANCESTRY, NATIONAL ORIGIN, OR
PLACE OF BIRTH BY EMPLOYERS, EMPLOYMENT AGENCIES, 'LABOR ORGANIZA-
TIONS, AND OTHERS: CREATING A COM~IISSION ON EQUAL EMPLOYMENT OPPOR-
TUNITY, AND PRESCRIBING ITS DUTIES AND POWERS GENERALLY; AND PRO-
VIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
Subscribed and sworn to before me this
~'" "~4th~':~ of Septeinber , 19.5.._7. ....
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£.~-$ ........................
~" ? Notary Public in an~! for -~e County of Kern, State of California
-~ . :.~. · .