(a) A complaint shall be submitted to the Human Rights Department specifying the alleged act or acts of discrimination, which violate this chapter, and shall be documented on a form provided by the Human Rights Department.
(b) A complaint that is filed under this chapter shall be signed by the person who is making the complaint.
(c) Any complaint that is filed under this chapter shall be filed within one year after the alleged act or acts of discrimination. No action may be taken on any complaint which is filed later than one year after the alleged act or acts of discrimination.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-35 (JCC. 9/22/20, Pass. 10/27/20, App. 10/28/20, Pub. 11/11/20, Eff. 11/11/20).
It is the policy of the City to respect the rights of, and provide equal services to, all persons regardless of appearance, English language proficiency, ethnicity, immigration status, manner of dress, national origin, age, height, weight, familial status, marital status, disability, physical characteristics, race, color, religious beliefs, sexual orientation, or gender identity or expression, or the perception of any identified characteristic; to ensure the enforcement of rights under the United States Constitution, including due process and equal protection; to promote community safety; to encourage victims of crime and witnesses to cooperate with law enforcement authority, without regard to immigration status; to prevent bias-based policing; and to promote acceptance. In order to permit members of immigrant communities to access services that are provided by City government to which they are entitled, and to ensure that City public servants are acting consistent with federal law regarding local governments cooperating with federal immigration authorities, the City enacts this article as an effective way to guide City public servants in adhering to rights under the United States Constitution, including due process and equal protection, and under federal, law, while protecting the safety and health of all members of the Detroit community.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-11 (JCC. 2/11/20, Pass. 2/25/20, App. 3/3/20, Pub. 7/17/20, Eff. 7/17/20).
For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Biased-based provision of City services means the differential treatment of individuals in the context of rendering City services based on a person’s classification, such as appearance, English language proficiency, ethnicity, immigration status, manner of dress, national origin, age, height, weight, familial status, marital status, disability, physical characteristic, race, color, religious belief, sexual orientation, or gender identity or expression.
City entity means all agencies within and without City government that provide City programs and services.
English language proficiency means the ability of someone to speak, read, write or understand the English language at a level that allows such person to interact effectively with a public servant.
Gender identity or expression means an actual or perceived gender-related identity, appearance, expression, or behavior of an individual, regardless of the designation of gender on one’s birth certificate, driver’s license, or state or municipal identification.
Municipal identification card means an individual resident’s identification card as defined in Section 23-9-2 of this Code.
Police officer means a duly sworn law enforcement officer who is trained and certified under the Commission on Law Enforcement standards (MCOLES) Act and is generally charged with the apprehension of criminals, the prevention and detection of crime, protection and assistance of the general public, and the maintenance of public order.
Public servant means the Mayor, members of the City Council, the City Clerk, any member of any City agency, board, commission, or other voting body that is established by the Charter or by this Code, and any appointee, any employee, or any individual who provides services to the City within or outside of its offices or facilities pursuant to a personal services contract.
Sexual orientation means a pattern of emotional, romantic and or sexual attraction to men, women, both, or neither.
Violent criminal offense means a violent felony as defined in Section 543(b)(h) of the Michigan Penal Code, being MCL 750.543(b)(h).
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-11 (JCC. 2/11/20, Pass. 2/25/20, App. 3/3/20, Pub. 7/17/20, Eff. 7/17/20).
(a) Where a public servant is alleged to have violated this article, a complaint may be filed with the Department of Human Rights in accordance with Section 23-2-11 of this Code, who shall cause an investigation to be completed regarding the allegations contained within the complaint.
(b) Where a public servant is alleged to have violated this article, and said public servant is under the investigative purview of the Board of Police Commissioners, any complaint filed with the Department of Human Rights shall be forwarded immediately to the Board of Police Commissioners for investigation and disposition in accordance with Section 7-803 of the Charter.
(c) Where a public servant is alleged to have violated this article, and the investigation conducted by the Human Rights Department so warrants, the matter shall be referred, as appropriate, for review, investigation, and disposition to the City Council in accordance with Section 2-107(B) of the Charter for forfeiture proceedings for an office held by an elective City officer, or to the appointing authority in accordance with Section 2-107(C) of the Charter for removal proceedings of a City appointee. Any disciplinary action shall be carried out in accordance with the provisions of the Charter and other laws, City personnel rules, civil service rules, union contracts, or other departmental or agency rules and regulations.
(d) Where a complaint is referred to Citv Council in accordance with Section 2-107(C) of the Charter, City Council shall exercise its powers of investigation pursuant to Sections 4-109 and 4-110 of the Charter to hold hearing and investigate the matter.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-11 (JCC. 2/11/20, Pass. 2/25/20, App. 3/3/20, Pub. 7/17/20, Eff. 7/17/20).
English language proficiency, ethnicity, immigration status, manner of dress, national origin, age, height, weight, familial status, marital status, disability, physical characteristics, race, color, religious beliefs, sexual orientation, or gender Identity or expression, or such officer’s perception of same, prohibited; exception.
(a) A public servant who is a police officer shall not exercise differential treatment of individuals in rendering police services based on the following, or such officer’s perception of same:
(1) A person’s appearance;
(2) English language proficiency:
(3) Ethnicity;
(4) Immigration status;
(5) Manner of dress;
(6) National origin;
(7) Age;
(8) Height;
(9) Weight;
(10) Familial status;
(11) Marital status;
(12) Disability;
(13) Physical characteristics;
(14) Race;
(15) Color;
(16) Religious beliefs;
(17) Sexual orientation; or
(18) Gender identity or expression.
(b) A public servant who is a police officer shall not solely base reasonable suspicion for an investigative detention, probable cause for an arrest, or any other police action, on any of the characteristics, or such officer’s perception of same, identified in Subsection (a) of this section.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-11 (JCC. 2/11/20, Pass. 2/25/20, App. 3/3/20, Pub. 7/17/20, Eff. 7/17/20).
(a) A public servant who is a police officer:
(1) Shall not solicit information concerning immigration status for the purpose of ascertaining a person’s compliance with federal immigration law; or
(2) Shall not solicit information concerning immigration status from a person who is seeking police services, or is a victim, or is a witness.
(3) Shall not subject a person to a higher level of scrutiny or to different treatment should a person utilize a passport or municipal identification card as a form of identification.
(b) Notwithstanding the prohibitions set forth in Subsection (a) of this section, public servants who are police officers are expressly permitted to solicit information concerning immigration status from the subject of an investigation only when relevant to the investigation or prosecution of a violent criminal offense, or when processing an arrested person on suspicion of committing a violent criminal offense as defined in this article.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-11 (JCC. 2/11/20, Pass. 2/25/20, App. 3/3/20, Pub. 7/17/20, Eff. 7/17/20).
(a) A public servant who is not a police officer:
(1) Is prohibited from inquiring into the immigration status of any person, or engaging in activities designed to ascertain the immigration status of any person, while acting within the scope of such public servant’s authority, or employment, as a public servant.
(2) Shall not subject a person to a higher level of scrutiny or to different treatment should a person utilize a passport or municipal identification card as a form of identification.
(b) Notwithstanding the prohibitions set forth in Subsection (a) of this section, public servants who are not police officers are expressly permitted to engage in the following activities:
(1) Solicitation of information concerning immigration status where specifically required by any federal, state, or City law or program as a condition of eligibility for the service sought; or
(2) Solicitation of information concerning immigration status for the purpose of completing I-9 Forms, and, when relevant, in making hiring and payroll withholding decisions, including, but not limited to, completing I-9 Forms, questioning a person to complete the I-9 Form, obtaining documents that support the I-9 Form, and allowing federal authorities to audit an I-9 Form in accordance with law.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-11 (JCC. 2/11/20, Pass. 2/25/20, App. 3/3/20, Pub. 7/17/20, Eff. 7/17/20).
This article shall be implemented by the Human Rights Department and by any City entity through training for new public servants, ongoing training and educational programs to inform public servants regarding its prohibitions and requirements.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-11 (JCC. 2/11/20, Pass. 2/25/20, App. 3/3/20, Pub. 7/17/20, Eff. 7/17/20).
(a) On or before April 1st of each year, the Human Rights Department and any other City entity whose duties and responsibilities include training pursuant to this article, shall provide a report to the City Council detailing the nature, frequency, attendance requirements, and outreach initiatives undertaken for training Citv personnel on the requirements and prohibitions of this article.
(b) On or before April 1st of each year, the Human Rights Department, and any other City entity whose duties and responsibilities include receipt of complaints pursuant to Section 29-8-3 of this article, shall issue a report to the City Council, including the number of complaints of bias in the provision of City services received during the preceding calendar year, a general description of the complaints, as well as a description of the disposition of the complaints.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-11 (JCC. 2/11/20, Pass. 2/25/20, App. 3/3/20, Pub. 7/17/20, Eff. 7/17/20).