District 3 Advisory Board
Regular MeetingWichita, KS · June 30, 2021
Minutes
District 3 Advisory Board Minutes
Wednesday, June 30, 2021 • 6:30 p.m.
WATER Center, 101 E. Pawnee, Wichita, KS 67205 • Zoom and Facebook
Video of meeting: https://fb.watch/6v7ILcwijF/
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Order of Business
The District 3 Advisory Board meeting was held at 6:30 p.m. at the WATER Center, 101 E. Pawnee,
Wichita, KS 67211. DAB members, staff/presenters, and residents also had the option to participate
virtually via the platform Zoom, and the meeting was live-streamed on the District 3 Facebook page.
Council Member Jared Cerullo and 11 DAB members were present. There were also eight City staff and
16 members of the public in attendance. The current agenda and minutes from June 2, 2021 were
approved.
Members Present Staff Present
Catherine Johnson Jamie Buster, City Manager’s Office
Cindy Miles Officer Jarod Metcalf, Wichita Police Department
Daisy Olivar Officer Alli Larison, WPD
David Kapaun (Zoom) Battalion Chief Matthew Bowen, Wichita Fire
Emily Fogg Department
Gerald Henry Battalion Chief Jose Ocadiz, WFD
Joseph Shepard Jennifer Magana, Director of Law
Michael Loop Bill Perkins, Utilities Asset Manager
Richard Ruth Maddy Campbell, Office of Community Services
Ronald Tracy
Bentley Jaxon Young (youth member)
Members Absent
Jessica Lucas
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Staff Reports
1. Wichita Police Department
DAB 3 • June 30, 2021 • Minutes • Page 1
Officers shared district and city-wide statistics and crime trends and department updates. Staff also
discussed relevant public safety topics and answered questions from the DAB and public.
Officer Jarod Metcalf, Patrol South shared the following:
The fireworks non-emergency line number: 290-1011. The number can be used for non-
emergency complaints such as noise complaints or use of illegal fireworks. That line is staffed
from 6 p.m. to 3 a.m. July 1-5.
He gave an update on the officer who was recently shot in the line of duty. He had his lower jaw
reconstructed, and the surgery went well. He was also shot in both legs, but doctors believe he
will make a full recovery.
An academy class graduated last week. There are 12 new officers at Patrol South. They will be in
field training for the next 12 weeks. Another academy class just started, and there are 35 people
in it.
Patrol South is running a three shift pilot program to make adjustments in staffing. They hope that
will put more officers on the street during busy times. They will try it for 90 days and assess the
results.
Officer Alli Larison, Patrol East shared the following:
Patrol East also made a few changes to the schedule. Some staff are coming in an hour early.
Patrol East is putting on school drive fundraiser at Chicken N Pickle on July 24. They will host
cornhole and pickleball tournaments, and registration fees will go to USD 259 to help with school
supplies. There will also be a WPD truck on site for people to make donations (“Fill the Truck”).
WPD recently posted a video about catalytic converter thefts. Residents should watch the video
for tips on protecting their vehicles from catalytic converter thefts.
DAB and members of the public asked and made the following summarized questions and comments:
DAB: We had a significant incident in my neighborhood with lots of officers from multiple agencies. Can
you share any details about that?
A: Please send me an email, and I will look to see what was happening.
DAB: Are we still running the program to help people get their driver’s licenses back?
A: That is a Patrol West program. Another one will be scheduled sometime again in September.
DAB: Will this program help someone who was involved in an accident without insurance get their license
back?
A: That will be all through the courts. We can get them information at Patrol West on how to address that
situation though.
2. Wichita Fire Department
Battalion Chiefs Matthew Bowen and Jose Ocadiz provided monthly district statistics, shared
information on seasonal fire and public safety topics, and answered questions from the DAB and public.
Staff shared the following information:
During the month of May there were 39 fire, 604 medical, 109 service, and 132 other alarms in
District 3.
During the month of June there were 33 fire, 479 medical, 59 service, and 110 other alarms in
District 3.
Remember to close your bedroom door before sleeping (refer to the Close Before You Doze
campaign material).
There was a significant fire rescue in District 3.
A firefighter had cardiac arrest while working, and was fortunately administered CPR and kept
alive by firefighters and rescue paramedics.
DAB 3 • June 30, 2021 • Minutes • Page 2
On the morning of June 22, there were multiple fire alarms along East Harry. An abandoned
commercial structure triggered three alarms. It was a known property that individuals
experiencing homelessness utilized. Fortunately, there were no victims, but it was a taxing effort
on firefighters.
There were eight probationary firefighters who graduated in June.
Firehouses #4, #5, #10, and #18 will receive new Pierce Engines.
Tulsa Fire Department staff visited recently to review Wichita Fire Department’s model for rescue
company/special operations.
Fire crews canvassed fireworks “hot spot” areas in neighborhoods throughout the city on June 27,
28, and 29. They spoke to many residents and left informational door hangers on those not home.
Be safe when disposing of fireworks.
DAB asked the following summarized question:
DAB: Is there a time limit for when a burned house must be cleaned up?
A: We work with MABCD to address structural issues post fires. They will do an inspection. They may tag
and eventually condemn a property if it is bad enough. If it has been condemned, then they can start a
process to hold the owners responsible for demolition.
3. Wichita Public Library
Staff provided a written report covering general Wichita Public Library updates and information specific to
the District 3 Walters Branch.
The Summer Reading Program continues this month with tons of great programming – both virtual and in
person – along with early learning activities for ages 0-2 and reading challenges for ages 3-18. It is not
too late to sign up. Visit www.wichitalibrary.org/summerreading to learn more and register. And do not
forget – if you have a child or teen registered for the Summer Reading Program already, they can now
stop by their Library location and redeem prizes
Beginning July 12, customers can place holds to borrow a telescope from the Library. The Orion StarBlast
Astronomical Telescope has been reviewed by a number of astronomical publications and is found to be
a great resource for stargazing and learning about the solar system. Each telescope is mounted on a
base and has a large optical tube, meaning objects will appear in great detail. There are 11 telescopes
available. Customers may borrow a telescope for 14 days. The Georgia Eakins Family through the
Wichita Public Library Foundation generously underwrites telescopes. Visit www.wichitalibrary.org/things
to learn more.
If you want to learn more about book recommendations for the ReadICT Reading Challenge, as well as
discuss different topics with professionals in Wichita and across the United States, listen to the Library’s
podcast, “Read. Return. Repeat.” available wherever you get your podcasts. This month, we’re
discussing ReadICT category nine, “a challenged book.” Host Sara McNeil interviews Deborah Caldwell-
Stone, the director of the American Library Association’s Office for Intellectual Freedom to explore the
roles the Office has in supporting libraries to collect and customers to freely access information. You can
listen to this and past episodes of the podcast at www.wichitalibrary.org/podcast.
We have set a date! The Walters Branch grand opening and ribbon cutting is currently scheduled for
Saturday, September 18, time to be determined. The Walters family will be in attendance, and we will
have a few speakers and tours of the facility. Formal invitations will be sent out later this summer,
including to all DAB 3 members.
Do not forget! Join us at Clapp Park this summer for the LIVE! At the Park family concert series. Dates
and times are available at www.wichitalibrary.org/summerreading. Here is the lineup for July:
DAB 3 • June 30, 2021 • Minutes • Page 3
Will Parker will perform on July 12. He puts on a fun, interactive show for the whole family.
Throughout the show, children will enjoy sing-alongs, dancing, high-fiving and imaginative play.
This year’s concert features animal songs from his albums as well as new songs about all kinds
of crazy critters.
Pint Size Polka will perform on July 26. Mike Schneider’s Pint Size Polka will have everyone
singing, clapping and dancing. Enjoy magic comedy and special edition of name that tune.
Action Taken: Received and filed.
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Public Agenda
4. Scheduled Items
There were no scheduled public agenda items this month.
5. Off-Agenda Items
George Theoharis shared concerns about Animal Control’s staff levels and spoke about concerns
regarding recent incidents involving pit bulls. CM Cerullo shared WPD is working to increase staff at
Animal Control and has plans to hire six employees in the near future.
William Stofer inquired about the status of Clapp Park. CM Cerullo shared that City Council will review
the master plan during a City Council workshop in July, and that the City Manager has discussed
allocating significant funding to implementing phases of the plan. Stofer asked if plans could be placed on
hold while the City and County discuss consolidating Park & Recreation and Cultural Arts services. CM
Cerullo responded they are in the early stages of that discussion. Michael Loop asked about ownership
of the land on City golf courses. CM Cerullo shared that the Park Board owns that land. Loop advised that
conversations about consolidating Park & Recreation services should involve discussion about the public
golf courses and involve the Golf Advisory Committee.
Action Taken: Received and filed.
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New Business
6. Non-Discrimination Ordinance
Jennifer Magana, Director of Law provided background information on the Non-Discrimination
Ordinance and answered questions.
DAB and members of the public held a robust conversation on the topic. There were six members of the
public that addressed DAB and Council Member Cerullo on this topic (four individuals spoke in support of
the ordinance while two opposed it). Overall, the group seemed supportive of the ordinance and efforts to
fight discrimination; however, DAB and the public also shared many concerns about the ordinance and the
process in which it was created. Below is a summary of feedback.
DAB and members of the public shared the following summarized comments in support of the ordinance:
DAB 3 • June 30, 2021 • Minutes • Page 4
The ordinance is align with Wichita’s progressive values, and this type of ordinance is important
for attracting businesses and tourism to the city.
The ordinance will allow for individuals to feel protected at the local level, especially as it relates
to sexual orientation and gender identity. Current state protections for the LGBTQ community are
just an interpretation of federal policy.
The ordinance will allow for quick resolution of discrimination complaints.
A local process will be much easier to navigate than filing complaints at the state or federal level.
The ordinance has shown to be manageable and effective in the cities in which this version was
modeled from.
This ordinance is past due.
Vital stakeholders, such as Equality Kansas, support this ordinance.
DAB and members of the public shared the following summarized concerns:
There was little to no public outreach and limited stakeholder engagement in the creation of this
ordinance.
There are too many unanswered questions for this to be passed by City Council without more
input from the DABs, stakeholders, and the public.
There does not appear to be a set process for handling complaints, and the City will not be
prepared if the ordinance is passed next week.
There does not appear to be any plans for educating businesses, organizations, nonprofits,
landlords, residents, etc. about the ordinance.
This ordinance may be redundant with existing state and federal laws and processes. It could
result in an unnecessary bureaucratic process that requires funding, time, and resources.
There is potential for the ordinance to be abused and for small businesses, nonprofits, and
organizations to be targeted.
Small businesses, nonprofits, and religious organizations might have to make unreasonable
accommodations if this ordinance is passed.
There is potential for the City Manager to influence the outcome of an investigation depending on
who they chose to investigate.
There is concern this ordinance could turn into a “complaint line.”
A complainant might not be able to afford the legal costs.
Discrimination cases should go to the federal level. There is not “bite” at the local level.
A judge should not be able to require someone to take a sensitivity class and the $2,000 fine is
unreasonable.
DAB and members of the public asked the following summarized questions:
Is this a brand new code?
Who would collect the fines and where would the money go?
Should the language read “business days” instead of specifying all the closures that may or may
not happen?
Where would this be applicable? Would it include schools, police stations, and libraries? What is
a “City entity”?
Do churches fall under “public accommodations”?
Where do Christian colleges fall?
How is this different from State and Federal laws?
Could this result in a speedier process and conclusion for discrimination complaints?
Who would conduct the investigation?
How might this ordinance impact women’s shelters?
How might this ordinance impact public bathrooms?
Is there a defensive recourse for people who are in violation?
Does this violate free speech or freedom of religion?
DAB 3 • June 30, 2021 • Minutes • Page 5
Has there been a conversation about taxes having to go up to fund the cost of implementing the
ordinance?
Who helped craft the ordinance?
Is it possible to engage the community’s protected classes?
Does this apply to renters and landlords?
How would someone know if they’re being discriminated against?
If the ordinance passes, can it be amended at a later date?
Is there a plan for educating businesses, nonprofits, organizations, residents, etc. about this new
ordinance?
What is the consequence for a business that discriminates?
Is a City Human Rights Commission established in this ordinance?
Does the ordinance state where funding will come from and where collected fees will go?
What will enforcement cost?
What protections are there for small businesses who feel they are being targeted?
What would be an example of a reasonable education requirement in lieu of a fee?
What metrics and measures will be used to gauge the effectiveness of investigation outcomes?
Why are we not trying to change the law for termination at will?
Who brought this issue to the attention of the City?
Would law enforcement be involved in investigations?
Can the same complaint be heard at the local, state, and federal levels simultaneously?
Action Taken: Catherine Johnson made a motion to support the proposed NDO. Motion was seconded
by Ron Tracy. Cindy Miles made a substitute motion to recommend the City Council defer approving this
ordinance until more understanding is gathered. Substitute motion seconded by David Kapaun. Substitute
motion FAILED 3-7. Original motion PASSED 7-3.
DAB addressed CM Cerullo with the following summarized comments after motion to support the proposed
NDO passed:
DAB: I would hope you take this back to your colleagues and reiterate that things like this cannot come out
of nowhere.
DAB: This is not acceptable. This is typical of how the City operates. The City is not engaging those who
are affected. Ask the right questions to the right people at the right time.
DAB: I think it is way past time to have an ordinance. I just want to make sure it is not something that is
rushed, and that it is well-written.
DAB: I think tabling this would be a disservice. We know that it needs to move forward. What we disagree
on is process. Equity cost money. If you want to be fair and equitable, you have to pay the cost. If cost is
the issue, then you do not want the policy or ordinance. I think our job is to recommend whether or not we
think this policy should move forward.
Proposed Non-Discrimination Ordinance: https://www.wichita.gov/Council/DABAgendasMinutes/2021-
06-30%20DAB%203%20Proposed%20NDO.pdf
Non-Discrimination Ordinance Draft Comparisons:
https://www.wichita.gov/Council/DABAgendasMinutes/2021-06-
30%20DAB%203%20NDO%20Draft%20Comparisons.pdf
7. Biological Nutrient Removal Presentation
Bill Perkins, Utilities Asset Manager, Public Works & Utilities presented on Biological Nutrient
Removal efforts. BNR refers to a wastewater treatment permit requirement regarding levels of nitrogen
and phosphorus in the discharge. The City is preparing for improvements at facilities along the Lower
DAB 3 • June 30, 2021 • Minutes • Page 6
Arkansas River (commonly known as Plants 1 and 2) and in the sanitary collection system to meet these
requirements. This presentation will be an update of the requirements, where the City is in the process,
plan for funding, and plan for design and construction.
Action Taken: Received and filed.
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Board Agenda
8. Updates, Issues, and Reports
Michael Loop asked about the Clapp Park Master Plan. CM Cerullo shared it will be workshopped by
Council soon.
George Theoharis informed the group Grandview Heights, Meadowlark, and Mead are hosting
Neighborhood Night Out events. He also said District 3 has only had two candidates run in recent
elections. There are seven candidates running this year, and he is looking forward to seeing how the
elections go. He encouraged the group to get out and vote in the primaries.
Action Taken: Received and filed.
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Adjournment
The meeting was adjourned at 9:44 p.m.
The next District 3 Advisory Board meeting is scheduled to be held at 6:30 p.m. on Wednesday, August 4,
2021. It is scheduled to be held in person at the WATER Center, 101 E. Pawnee, Wichita, KS 67211.
Residents also have the option to continue participating in DAB meetings virtually via Zoom or to watch
them live on the District 3 Facebook page. The Zoom meeting link, ID, and passcode for the next meeting
remains the same and can be found on the District 3 webpage. Please visit the District 3 webpage for the
most up-to-date information.
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Guests
Brian Meier, Burns & McDonnell (BNR Guest
presenter) Guest
George Theoharis Guest
William Stofer Teresa Cook (Zoom)
Guest Susie (Zoom)
Guest Alan Kailer’s iPhone (Zoom)
Guest Lindsay (Zoom)
Guest Nana Wo (Zoom)
Guest dhenry (Zoom)
DAB 3 • June 30, 2021 • Minutes • Page 7
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Respectfully submitted,
Maddy Campbell, District 3 Community Services Representative
DAB 3 • June 30, 2021 • Minutes • Page 8
Agenda
District 3 Advisory Board Agenda
Wednesday, June 30, 2021 • 6:30 p.m.
WATER Center • 101 E. Pawnee, Wichita, KS 67211
Virtual Meeting Option • Zoom and Facebook Live
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COVID-19 Update and Virtual Meeting Access Information
In-person DAB meetings have resumed. The public also has the option to continue participating in DAB
meetings virtually via the Zoom platform or to watch the meetings live on the District 3 Facebook page.
Zoom meeting details are listed below.
Join Zoom meeting on a computer, tablet, or smartphone
Click on the link below and enter the meeting ID and passcode.
o https://zoom.us/j/97505957426?pwd=VXRMcDM4YlFIbVQ2TS94bGNOWFJFUT09
o Meeting ID: 975 0595 7426
o Passcode: 993873
Join Zoom meeting via telephone (audio only)
Dial +1 312 626 6799 and enter the meeting ID and passcode listed above. Charges may apply.
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Order of Business
Call to Order
Oath of Office for youth DAB member
Approval of Agenda for June 30, 2021
Approval of Minutes for June 2, 2021
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Staff Reports
DAB 3 • June 30, 2021 • Agenda • Page 1
1. Wichita Police Department
Patrol South and Patrol East community police officers share district and city-wide statistics and crime
trends and department updates. Staff also discusses relevant public safety topics and answers questions
from the DAB and public.
2. Wichita Fire Department
District 3 WFD staff provides monthly district statistics, shares information on seasonal fire and public
safety topics, and answers questions from the DAB and public.
3. Wichita Public Library
Staff provides department updates with a focus on the services, programs, and events at District 3’s
Walters Branch Library.
Recommended Action: Receive and file.
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Public Agenda
4. Scheduled Items
There are no scheduled Public Agenda items this month.
5. Off-Agenda Items
Any individual present that did not request to speak on the Public Agenda prior to the meeting may speak
at this time.
Recommended Action: Receive and file.
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New Business
6. Non-Discrimination Ordinance
Jennifer Magana, Director of Law will provide background information on the Non-Discrimination
Ordinance and answer questions.
Recommended Action: Motion to make recommendation on the proposed ordinance.
Proposed Non-Discrimination Ordinance: https://www.wichita.gov/Council/DABAgendasMinutes/2021-
06-30%20DAB%203%20Proposed%20NDO.pdf
Non-Discrimination Ordinance Draft Comparisons:
https://www.wichita.gov/Council/DABAgendasMinutes/2021-06-
30%20DAB%203%20NDO%20Draft%20Comparisons.pdf
7. Biological Nutrient Removal Presentation
Public Works & Utilities staff will present on Biological Nutrient Removal efforts. BNR refers to a
wastewater treatment permit requirement regarding levels of nitrogen and phosphorus in the discharge.
DAB 3 • June 30, 2021 • Agenda • Page 2
The City is preparing for improvements at facilities along the Lower Arkansas River (commonly known as
Plants 1 and 2) and in the sanitary collection system to meet these requirements. This presentation will
be an update of the requirements, where the City is in the process, plan for funding, and plan for design
and construction.
Recommended Action: Receive and file.
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Board Agenda
8. Updates, Issues, and Reports
Reports from the council member and DAB on any projects, activities, events, programming, resources,
issues, etc. in the neighborhoods, council district, and/or city.
Recommended Action: Receive and file.
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Adjournment
The next District 3 Advisory Board meeting is scheduled to be held at 6:30 p.m. on Wednesday, August 4,
2021. It is scheduled to be held in person at the WATER Center, 101 E. Pawnee, Wichita, KS 67211.
Residents also have the option to continue participating in DAB meetings virtually via Zoom or to watch
them live on the District 3 Facebook page. Visit the District 3 web page for the most up-to-date meeting
information and Zoom details.
DAB 3 • June 30, 2021 • Agenda • Page 3
COMPARISON OF JUNE 15 NDO AND JUNE 24 REVISED DRAFT
COMMON PROVISIONS:
Both ordinances prohibit discrimination based on membership in a protected class (consistent with state
and federal law) within the city limits of Wichita in the areas of:
Employment
Housing
Public Accommodations
Both ordinances require the City to include nondiscrimination contract language in it vendor contracts
(the City has already been doing this for years, pursuant to state law)
Both ordinances reference the definitions in the Kansas Act Against Discrimination, the Kansas Age
Discrimination in Employment Act, and the Discrimination Against Military Personnel Act, unless
otherwise defined.
Both ordinances make the City of Wichita an enforcing agency, and create a civil penalty for violations.
Both ordinances require the City Attorney to handle complaints, and if the City Attorney cannot resolve
them, they go to Municipal Court for a hearing.
DIFFERENCES:
June 15 version June 24 version
Includes “actual or perceived” to describe the Does not include “actual or perceived” language
protected classes
No exceptions for religious or First Amendment Recognizes First Amendment, KS Preservation of
rights of Respondents Religious Freedom Act, and other state laws
Does not include a statute of limitations Includes a 60-day statute of limitations
Fines are $500/1st offense; $1000/2nd offense; Fine is “up to $2000”; does not include higher
$2000/3rd offense penalties for repeat offenses
Does not provide for alternative penalty Allows for “educational requirement” in lieu of
fine by Municipal Court Judge
Does not provide a standard of proof Uses “preponderance of the evidence” standard
Does not address rules of evidence to be applied Says rules of evidence need not be strictly
enforced; Judge may establish hearing
procedures
Does not address written orders by Judge Requires written findings and ruling by Judge
Does not address rights to an appeal References state law for appeal to District Court
Only deadline is 120 days for City Attorney to Includes various “shot clocks” for the complaint
resolve complaint before it goes to Munic. Court process
Directs City Attorney to “conciliate” case Includes mediation as an early step in the process
Makes each day any violation occurs a separate Does not make each day a separate offense
offense
OCA No.: _______
First Published in the Wichita Eagle on _________
ORDINANCE NO. _________
AN ORDINANCE CREATING CHAPTER 2.06 OF THE CODE OF THE CITY OF
WICHITA PERTAINING TO NONDISCRIMINATION.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA,
KANSAS:
SECTION 1. Section 2.06.010 of the Code of the City of Wichita, is hereby created to
read as follows:
“Policy Prohibiting Discrimination.
The practice or policy of discrimination against persons by reason of their age, color, disability,
familial status, gender identity, genetic information, national origin or ancestry, race, religion,
sex, sexual orientation, veteran status or any other factor protected by law (“protected class”) is a
matter of concern to the City, since such discrimination not only threatens the rights and
privileges of the inhabitants of the City but also menaces the institutions and foundations of a free
democratic state. It is hereby declared to be the policy of the City, in exercise of its police power
for the protection of the public safety, health and general welfare, for the maintenance of business
and good government, and for the promotion of the City’s trade and commerce, to eliminate and
prevent discrimination or segregation based on a protected class. It is further declared to be the
policy of the City to assure equal opportunity and encouragement for every person, regardless of
their membership in a protected class, to secure and hold, without discrimination, employment in
any field of work or labor for which the person is otherwise properly qualified; to assure equal
1
opportunity for all persons within this City to full and equal public accommodations and the full
and equal use and enjoyment of the services, facilities, privileges and advantages of all
governmental departments or agencies; and to assure equal opportunity for all persons within this
City in housing, without distinction on account of membership in a protected class.”
SECTION 2. Section 2.06.020 of the Code of the City of Wichita, is hereby created to
read as follows:
“Nondiscrimination in Contracting.
(a) It is the policy of the City to promote the principles of equal opportunity in its contracting
activities by assuring that those seeking to do business with the City will treat
contractors, subcontractors, and employees equally and will not engage in
discrimination against their contractors, subcontractors, or employees because of
their age, color, disability, familial status, gender identity, genetic information,
national origin or ancestry, race, religion, sex, sexual orientation, veteran status or
any other factor protected by law (“protected class”).
(b) It is also the policy of the City to ensure that work performed on behalf of the City is
done in a cost effective and high quality manner. Employees who are treated fairly are
more productive in their jobs and less likely to change jobs, thus helping to ensure that
government contracts are both cost effective and completed in a professional manner.
(c) All City contracts for goods or services shall include provisions prohibiting
discrimination in employment and in the performance of contracts on the basis of age,
color, disability, familial status, gender identity, genetic information, national origin or
ancestry, race, religion, sex, sexual orientation, veteran status or any other factor
protected by law (“protected class”). This prohibition shall extend to retaliation for
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opposition to any practices forbidden under this Section, against any person seeking
accommodations, advantages, facilities, privileges, services, or membership in all
business, social, or other establishments or organizations, operated by that contractor.
All contractors shall include a similar provision in all subcontracts.”
SECTION 3. Section 2.06.030 of the Code of the City of Wichita, is hereby created to read as
follows:
“Definitions.
The definitions contained in the Kansas Act Against Discrimination, K.S.A. 44-1001 to
44-1044; the Kansas Age Discrimination in Employment Act, K.S.A. 44-1111 to 44-1121; and
the Discrimination Against Military Personnel Act, K.S.A. 44-1125 to 44-1128, all as may be
amended from time to time, shall apply to this Chapter unless specifically defined herein.”
Aggrieved Individual means any individual who has a good faith belief that such
individual has been injured by an Unlawful Discriminatory Practice as set forth herein.
Days means calendar days. If a deadline falls on a day City Hall is not open (e.g. a weekend,
a holiday recognized by the City, emergency closure) the deadline will be extended to the next day
City Hall is open.
Employee means any individual who is employed by an Employer and receives a salary or
wages from such Employer, but does not include any individual employed by such individual's
parents, spouse or child or in the domestic service of any individual. The term Employee does not
include an independent contractor.
Employer means: (1) any individual or entity (e.g. corporation, partnership, limited liability
company, association, labor organization, mutual company, joint-stock company, trust,
unincorporated organization) doing business within the City of Wichita which has four or more
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Employees for each working day in each of 20 or more calendar weeks in the current or preceding
calendar year, (2) the City, and (3) any City contractor. For purposes of this Chapter, the term does
not include:
(1) The United States or any department or agency thereof, a corporation wholly owned by
the government of the United States, or an Indian tribe; or
(2) a Nonprofit Fraternal or Social Association/Corporation.
Gender Identity means an individual’s actual or perceived (by the individual or another)
gender-related identity, expression, appearance, or mannerisms, or other gender-related
characteristics regardless of the individual’s designated sex at birth.
Hearing Officer means a Municipal Court Judge of the City.
Investigator means one or more individual(s) designated by the City Manager.
Nonprofit Fraternal or Social Association/Corporation means an association or
corporation that meets all of the following requirements:
(1) it is organized in good faith for social or fraternal purposes;
2) membership entails the payment of bona fide initiation fees or regular dues;
(3) there exists a regularly established means of self-government by the members thereof
clearly set forth in a constitution or by-laws adopted by the membership;
(4) membership is limited and there is a regularly established means of and criteria for
admitting members and for expulsion of members by the existing membership or by their duly
elected or appointed delegates; and
(5) it is not operated, directly or indirectly for purposes of profit for any individual or groups
of individuals other than the membership as a whole.
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To the extent not otherwise included, the term also includes any bona fide membership club
that is exempt from taxation under Title 26, Section 501(c) of the United States Code. The term
does not include a labor organization.
Place of Public Accommodation shall include every establishment within the city that is
open to the general public and offers any product, service or facility. The term Place of Public
Accommodation shall include, but not be limited to, all taverns, hotels, motels, apartment hotels,
apartment houses with one or more tenant units, restaurants or any place where food or beverages
are sold, retail and wholesale establishments, theaters, motion picture houses, museums, bowling
alleys, golf courses and all public conveyances, as well as the stations or terminals thereof. The
term Place of Public Accommodation shall not include any establishment operated by a Nonprofit
Fraternal or Social Association/Corporation, or bona fide civic, political or religious organization,
which restricts its products, facilities and services to the members of such association/corporation
or organization, their guests, or individuals who promote the principles for which the
association/corporation or organization is established or maintained.
Religious Organization means a church, mosque, temple, synagogue, nondenominational
ministry, interdenominational and ecumenical organization, mission organization, faith-based
charity, faith-based social agency, faith-based educational institution, or other entity principally
devoted to religious practice, teaching or education.
Rent means to lease, to sublease, to let or otherwise to grant the right to occupy premises
not owned by the occupant in exchange for payment or other consideration.
Respondent means the individual or entity against whom a complaint alleging
discrimination or retaliation has been filed with the City.
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Sexual Orientation means an individual’s actual or perceived (by the individual or another)
emotional, romantic, or sexual attraction to other people, such as heterosexual, homosexual,
bisexual, pansexual or asexual.
Unlawful Discriminatory Practices means those practices prohibited by Section 2.06.050
of this Chapter.”
SECTION 4. Section 2.06.040 of the Code of the City of Wichita, is hereby created to
read as follows:
“Civil Rights Declared.
(a) The right of an otherwise qualified person to be free from discrimination because of that
person’s age, color, disability, familial status, gender identity, genetic information,
national origin or ancestry, race, religion, sex, sexual orientation or military or
veteran status is recognized as, and declared to be, a civil right. This right shall
include, but not be limited to, all of the following:
(1) The right to obtain and hold employment and the benefits associated therewith
without discrimination.
(2) The right to the full enjoyment of any of the accommodations, advantages,
facilities or privileges of any place of public accommodation without
discrimination.
(3) The right to engage in property transactions, including obtaining housing for
rental or sale and credit therefor, without discrimination.
(4) The right to exercise any right granted under this chapter without suffering
coercion or retaliation.
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SECTION 5. Section 2.06.050 of the Code of the City of Wichita, is hereby created to
read as follows:
“Unlawful Discriminatory Practices.
In order to protect specific individuals within the city from discrimination on the basis of
their membership in a legally-protected class, it shall be a duty of each individual or entity doing
business within the city to not commit the following Unlawful Discriminatory Practices:
A. Employment - It shall be an Unlawful Discriminatory Practice for an Employer to
refuse to hire or employ, or to discharge from employment or to otherwise
discriminate against an otherwise qualified Employee in compensation or in terms,
conditions or privileges of employment, because of the Employee’s membership in
a protected class. This Chapter shall not apply to a Religious Organization with
respect to the employment of individuals performing work connected with the
carrying on of the organization’s religious teaching, ministry, religious duties or
practices, advancement of religion, or other religious activities.
B. Housing - It shall be an Unlawful Discriminatory Practice for an individual or entity
to discriminate against any individual in the terms, conditions, or privileges of the
sale or Rent of real property within the city including Rental Housing, or in the
provision of services or facilities in connection therewith, because of an individual’s
membership in a protected class, or to discriminate against any individual in such
individual's use or occupancy of Rental Housing within the city because of the
membership in a protected class of individuals with whom such individual
associates. This provision shall not apply to the Rent of real property containing
dwelling units occupied or intended to be occupied by no more than four persons or
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families living independently of each other, if the owner actually maintains and
occupies one of such dwelling units as the owner's residence. Additionally, nothing
in this Chapter shall prohibit:
1. A Religious Organization or any nonprofit institution or organization
operated, supervised or controlled by or in conjunction with a Religious
Organization, from limiting the sale, rental or occupancy of real property or
Rental Housing which it owns or operates for other than a commercial
purpose to individuals of the same religion or individuals who promote the
religious principles for which it is established or maintained, or from giving
preference to such individuals.
2. A Nonprofit Fraternal or Social Association/Corporation, which as an
incident to its primary purpose or purposes provides real property or Rental
Housing which it owns or operates for other than a commercial purpose,
from limiting the rental or occupancy of such real property or Rental Housing
to individuals who are members or individuals who promote the principles
for which it is established or maintained, or from giving preference to such
individuals.
C. Public Accommodation - It shall be an Unlawful Discriminatory Practice for the
owner, operator, lessee, manager, agent or Employee of any Place of Public
Accommodation to refuse, deny or make a distinction, directly or indirectly, in
offering its goods, services, facilities, privileges, advantages or accommodations to
any individual because of their membership in a protected class. Nothing in this
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Chapter shall be interpreted to apply to a Religious Organization’s performance of
a religious function, including but not limited to the:
1. Provision of goods, services, facilities, privileges, advantages or
accommodations related to the solemnization or celebration of a marriage,
or
2. Performance of its religious teachings, ministry, religious duties or practices,
advancement of religion, or other religious activities.”
SECTION 6. Section 2.06.060 of the Code of the City of Wichita is hereby created to
read as follows:
“Interpretation.
Nothing in this Chapter shall be construed to:
A. Prohibit an Employer from requiring an Employee, during the Employee's hours at
work, to adhere to reasonable dress or grooming standards not prohibited by other
provisions of federal, state, or local law.
B. Require an Employer to hire unqualified individuals or to retain Employees when
there is a legitimate non-discriminatory or non-retaliatory reason to hire another
candidate or terminate employment, or prevent any adverse action against an
Employee that would have been taken regardless of the Employee’s membership in
a protected class.
C. Prohibit an Employer from requiring all of its Employees, as a condition of
employment, to utilize the Employer’s applicable established internal human
resource procedure(s) to address any allegation of discrimination or retaliation in the
workplace. The fact that an Employer requires an Employee to utilize the
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Employer’s applicable established internal human resource procedure(s) to address
any allegation of discrimination or retaliation in the workplace shall not, in itself, be
deemed a violation of this Chapter. However, an Employee may simultaneously file
a complaint with the City as provided in this Chapter, and completion of the
Employer’s procedures is not a prerequisite to filing a complaint with the City.
D. Require any person or entity subject to this Chapter to make changes requiring a
building permit to any existing facility, except as otherwise required by law.
E. Prohibit an Employer or Place of Public Accommodation from posting signs for
restrooms and dressing rooms based on gender.
F. Prohibit a Nonprofit Fraternal or Social Association/Corporation or Religious
Organization from limiting membership as is calculated by the
association/corporation or organization to promote the principles for which it is
established or maintained.
G. Be construed or applied in a manner that violates any law or unlawfully infringes
upon any rights under the First Amendment of the United States Constitution,
Section 7 of the Kansas Constitution Bill of Rights, the Adoption Protection Act
(K.S.A. 60-5322, and amendments thereto), or the Kansas Preservation of Religious
Freedom Act (K.S.A. 60-5301 et seq., and amendments thereto).
H. Make it lawful to retaliate against individuals for exercising their rights to oppose
unlawful discrimination.
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SECTION 7. Section 2.06.070 of the Code of the City of Wichita is hereby created to
read as follows:
“Enforcement.
A. An Aggrieved Individual may file a written complaint with the City Clerk that the
individual has been, or is being, subject to an alleged Unlawful Discriminatory
Practice(s) as prohibited by this Chapter. The complaint may be filed personally or
through an attorney (or if a minor, through the minor’s parent, legal guardian or
attorney) and shall be completed on a form provided by the City. The complaint
form shall state the names and contact information of the Aggrieved Individual, the
individual(s) and/or entity/entities alleged to have committed the Unlawful
Discriminatory Practice(s), a description of the alleged unlawful conduct, and all
other information as may be required by the form provided by the City. The
complaint form shall only be considered complete if all information required by the
City’s form has been provided to the extent such information is reasonably available
to the Aggrieved Individual.
B. The complaint form must be filed within sixty (60) Days of the alleged Unlawful
Discriminatory Practice, unless the act complained of constitutes a continuing
pattern or practice of discrimination, in which event it must be filed within sixty (60)
Days of the last act of discrimination.
C. The complaint may be referred to an approved mediator for non-binding mediation
at the request of the parties. The mediator shall either be a person agreed upon by
the Aggrieved Individual and the Respondent or, if no such agreement can be
reached within a reasonable time following the filing of the complaint, a person
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selected by the City Manager will serve as the mediator. Any fees charged by the
mediator shall be split equally between the parties. If mediation is not successfully
completed within sixty (60) Days of the referral, or a party chooses not to pursue
mediation, the complaint shall be referred to the Investigator.
D. Upon receipt of a complete complaint, the Investigator shall notify the
Respondent(s) of the complaint, providing sufficient details related to the complaint
so the Respondent(s) may respond. The Investigator shall give the Respondent(s)
thirty (30) Days to file a written answer to the complaint, and to provide any
documentation or evidence related to the complaint. The Investigator may, at the
request of Respondent(s), extend the answer period an additional thirty (30) Days.
If the Respondent accused of violating the provisions of this Chapter is the City, the
City will engage an independent Investigator who shall not otherwise be an
Employee, agent, or contractor of the City.
E. Following the conclusion of the answer period, the Investigator may initiate an
investigation period, requesting that the Aggrieved Individual and/or Respondent(s)
provide additional information, documentation, statements or testimony as needed
to facilitate the investigation of the complaint. This investigation period shall be
concluded within a reasonable period of time following the submission of additional
information, documentation, or testimony.
F. Upon conclusion of the investigation period, the Investigator shall forward all
evidence and other information received during the investigation to the Law
Department. The Law Department will make a determination whether probable
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cause exists that: (i) the Respondent(s) committed an Unlawful Discriminatory
Practice, and (ii) imposition of a penalty pursuant to this Chapter:
1. Would not constitute an unlawful burden of a person's right to exercise of
religion pursuant to Section 7 of the Kansas Constitution Bill of Rights or
the Kansas Preservation of Religious Freedom Act (K.S.A. 60-5301 et seq.,
and amendments thereto), or an unlawful burden of a person’s freedom of
speech, expression, or association (as protected by the First Amendment of
the United States Constitution or the Kansas Constitution); or
2. If imposition of a penalty would constitute a burden, application of such
burden to the person would be in furtherance of a compelling governmental
interest and such application would be the least restrictive means of
furthering that compelling governmental interest.
G. If the Law Department finds that probable cause does not exist, then the Law
Department shall notify the Aggrieved Individual and the Respondent(s) within a
reasonable period of time, and this notification shall be considered a final order and
no further action shall be taken by the City.
H. If the Law Department finds probable cause does exist, the Law Department shall
notify the Aggrieved Individual and Respondent(s) and request conciliation and
settlement. If a party refuses to participate in conciliation and settlement, or if a
settlement agreement is not executed within sixty (60) Days of the date of the finding
of probable cause (unless such time is extended by the Law Department for good
cause and with the agreement of all parties), the matter shall be referred to the
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Hearing Officer for review, who shall sit as an administrative judge for purposes of
this Chapter.
I. Upon referral to the Hearing Officer, the Hearing Officer shall schedule a hearing
on the complaint. The parties shall be given ten (10) Days’ written notice via
certified mail of the date, time, and place of the hearing. At such hearing, the parties
and the Law Department shall be entitled to call witnesses and to present such other
evidence as appropriate. The hearing shall be conducted in accordance with such
procedures as may be established by the Hearing Officer, but the rules of evidence
used in courts of law need not be strictly enforced.
J. Any determination of the Hearing Officer that the Respondent(s) committed an
Unlawful Discriminatory Practice shall be issued in writing within sixty (60) Days
of the hearing, shall be based upon the preponderance of the evidence, and shall set
forth the essential elements and facts of the determination. If the Hearing Officer
finds that a civil violation of this Chapter has occurred, the Hearing Officer may
impose a civil penalty upon the Respondent(s) in the amount of up to $2,000.00 for
each violation. Each party is to bear their own attorneys’ fees, if any. Any fines
collected under this section shall be used to offset the costs of enforcement of this
ordinance. The Hearing Officer is further authorized, in his or her discretion and in
lieu of a civil penalty, to require reasonable educational requirements on the
Respondent to address violations of this ordinance, by written order.
K. The filing of a complaint for the alleged violation of this Chapter or a response
thereto shall in no way preclude any party from seeking other relief under state or
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federal law. Appeals from any final determination of the Hearing Officer shall be
made pursuant to K.S.A. 60-2101(d) and its amendments.
SECTION 8. Section 2.06.080 of the Code of the City of Wichita is hereby created to
read as follows:
“Severability.
Should any section, subsection, sentence, clause or phrase of this Chapter, or the application
thereof to any person or circumstance, be declared to be unconstitutional or invalid or
unenforceable, such determination shall not affect the validity of the remaining portions of this
Chapter.
SECTION 9. This ordinance shall be included in the Code of the City of Wichita, Kansas,
and shall be effective upon publication once in the official paper. Complaints will be accepted
beginning September 1, in order to allow time for implementation of enforcement processes.
ADOPTED at Wichita, Kansas, ______ day of July, 2021.
______________________________
Brandon J. Whipple, Mayor
ATTEST:
_____________________________
Karen Sublett, City Clerk
Approved as to form:
_____________________________
Jennifer Magaña
City Attorney and Director of Law
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