Attachment A
ORDINANCE NO. 2130
O
RDINANCE NO. 2130
A
N ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, TO ADOPT CHAPTER 2.45 “HUMAN RIGHTS
COMMISSION” TO TITLE 2 SUPERSEDING THE EXISTING
CHAPTER 2.45 “HUMAN RIGHTS COMMISSION” OF THE
PALM SPRINGS MUNICIPAL CODE
C
ity Attorney’s Summary
T
his Ordinance will provide clarity and consistency to Chapter
2.45 of the City’s municipal code, repealing and replacing the current language with updated language to clarify the role of the City’s Human Rights Commission.
W
HEREAS, the City of Palm Springs (“City”) adopted an ordinance to establish the Human Rights Commission in 1992; and
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HEREAS, since the establishment of the Hum an Rights Commission the City has been a national leader in protecting human rights; and W
HEREAS, the City of Palm Springs recognizes that there are certain rights and privileges afforded to married couples that have historically been denied to same sex couples; and
W
HEREAS, the City of Palm Springs desires to protect certain rights and benefits afforded to married couples should the right to same sex marriage be overturned; and W
HEREAS, the City has adopted various ordinances updating Chapter 2.45 of the City’s municipal code to safeguard the right and opportunity of all persons to be free from all forms of discrimination as defined; and
W
HEREAS, the City Council of the City of Palm Springs wishes to repeal and replace Chapter 2.45 of the City’s municipal code as attached for consistency and clarity purposes;
T
HE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
S
ECTION 1. Chapter 2.45 of Title 2 entitled “Human Rights Commission” is hereby deleted in its entirety and replaced with Chapter 2.45 “Human Rights Commission” as evidenced in the attached Exhibit A.
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ECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance No. 2130
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, _________.
NAOMI SOTO
MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Ordinance No. 2130
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2130 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 27, 2026 and adopted at a regular meeting of the City Council held on June 10, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Exhibit A
City of Palm Springs, CA
§ 2.45.010 § 2.45.020
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CHAPTER 2.45
HUMAN RIGHTS COMMISSION
§ 2.45.005. Public Policy.
It is declared as the public policy of the City th at it is necessary and ap propriate to protect and safeguard the right and oppor tunity of all persons to be free from all forms of discrimination as that term is defined in this Chapter.
(Ord. 1578 § 1, 2000; Ord. 1920 § 2, 2017)
§ 2.45.010. Definitions.
For the purpose of this chapter:
"Commission" means the Palm Springs human rights commission. "Conciliation" means a voluntary process in which a neutral third party serves as an intermediary between the conflicting parties. The parties may or may not meet directly. "Discrimination" means the treatment of or distinction against a person based on the group, class or category to which that person belongs rather th an on individual merit and contrary to federal, state or local law. Discrimination can include discrimination because of race, religion, color, ancestry, national origin, age, ge nder, sexual orientation, disabi lity, medical c ondition, marital status, parental status, source of income, HIV status, or any other arbitrary factor. "Domestic partnership" means two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring and refers to those persons who have registered as domestic partners pursuant to a va lid and current statement of domestic partnership on file with the city under this Chapter 2.45 and where all of the following requirements are met:
(a) The partnership is between no more than tw o persons, each of whom is eighteen years old or older;
(b) The persons are not related by blood in a way which would prevent them from being married to each other in the state of California;
(c) The persons are not married or a member of another domestic partnership; (d) The persons have agreed to be jointly re sponsible for their co mmon care, welfare and basic living expenses, in that each partner ha s agreed to provide for the other partner's basic living expenses if the partner is unable to provide for herself or himself; (e) Each of the persons is competent to enter into a contract or c onsent to the domestic partnership;
(f) Both persons' domiciles are in the city and they share a common residence, but this does not require that the legal right to possess the residence be in both names; (g) Neither person has officially declared to the c ity that he or she has a different domestic partner nor has previously made and concurre ntly maintained such declaration to any other jurisdiction; provided, that any such prior declaration has been terminated; and further provided, that this shall not bar any such concur rent declaration filed with the Secretary of State of California if such declaration is for the same partner at the Palm Springs domicile;
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(h) The persons have been cohabitating for a period of at least six months; and (i) The persons will complete, si gn under penalty of perjury an d personally submit to the city clerk a statement of domestic partnership in the form prescribed under this Chapter
2.45. "Domicile" shall mean the one location the respective person considers to be his or her most settled and permanent location, the place where he or she intends to remain and to which, whenever he or she is absent, to which he or she has he intention of returning. "Mediation" means a voluntary disp ute resolution process in which the parties in conflict meet with a neutral third party in an attempt to resolve the conflict or dispute in a manner that is satisfactory to the parties in conflict.
"National origin" shall mean place of origin, immigration status, cultural or linguistic characteristics, or ethnicity.
"Reasonable cause" means a threshold standard fo r the commission to initiate a conciliation or mediation process. The standard is met when th e investigation of the a lleged unfair or unlawful practice produces sufficient credible evidence th at would cause a reasonab le person of ordinary care and prudence to conclude that the unfair or unlawful practice occurred. "Source of income" means any source of funds obtained through lawful means, including, but not limited to, any form of government financial ai d, alimony payments, or child support payments.
The same financial requirements mu st be applied to everyone regardless of the legal source of income. If a person's income and credit history woul d be considered sufficient if it were received as a salary, it must be considered sufficient from other sources as well. Nothing in this chapter or the provisions thereof shall be construed as prohibiting the conduct of a credit history review and the denial of a benefit or a privilege based thereo n, so long as the credit re view is conducted in a fair and nondiscriminatory manner.
"Unfair" means not fair or conforming to fundame ntal notions of justice, honesty, ethics or the like.
"Unlawful" means any policy or practice which constitutes illegal discrimination as defined in federal, state or local laws.
(Ord. 1426 § 2, 1992; Ord. 1578 §§ 2, 3, 2000; Ord. 1920 § 3, 2017) § 2.45.020. Scope.
This chapter applies to all discriminatory practices and resulting intergroup tensions specifically covered by the provisions of this chapter occurring within the territorial limits of the city or within any governmental agency or any ot her agency under the jurisdiction of the city. No thing in this chapter, however, shall be interpreted or applied so as to create any power or duty in conflict with the preemptive effect of any federal or state law. Nor shall anything in this chapter be implemented in a way that overlaps already existing federal or state programs; rather, federal or state programs shall be utilized, or supplemented when necessary, appropriate, and feasible, to give effect to this chapter.
City of Palm Springs, CA
§ 2.45.020 § 2.45.030
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(Ord. 1426 § 2, 1992)
§ 2.45.030. Human rights commission created—Membership—Powers and duties. (a) Creation.
There is created within the city a human right s commission, consisting of nine members, appointed by the mayor with the approval of the city council, to serve at the pleasure of the city council. Subject to its unfettered legislative discretion, the council will attempt to ensure that sufficient funding and staff are provided to assist the commission in carrying out its duties and responsibilities, and to ensure that the commission reflects the social, ethnic and cultural diversity of the community.
(b) Term—Vacancies.
(1) Members of the commission shall be appointed or removed in accordance with and shall be subject to all of the provisions of Chapter 2.06 of the Palm Springs Municipal Code, as the chapter now reads, or as it may thereafter be amended from time to time.; provided, however, that of the nine members first a ppointed, two shall serv e a term ending June 30, 1994; two shall serve a term ending June 30, 1995; three shall serve a term ending June 30, 1996; and two shall serve a term ending June 30, 1997. Such terms shall be drawn by lot at the first meeting of the commission following the appointment of the nine members.
(2) Notwithstanding the provisions of Chapter 2.06, members whose te rms expire sooner then July 1, 1994, shall be eligible for reappointment to a succeeding full term. A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission pursuant to this chapter. (c) Powers and Duties of the Commission. Within the limitations provide d by law, the human rights commission shall:
(1) Conduct programs designed to bring groups t ogether to close gaps resulting from past discriminatory practices a nd to address proactively cu rrent or ongoing intergroup tensions;
(2) Mediate disagreements among individuals, groups and organizations which result from discriminatory practices within the scope of this chapter; (3) Process complaints which cannot be resolv ed through mediation as provided in the procedures which follow;
(4) Render a semiannual written report of its activities to the mayor and council. Such report shall include:
(A) Case histories of conciliation or mediation settlements made under this chapter, the disclosure of which, in the judgment of the commission, will further its objectives, (B) Recommendations to the mayor and counc il of additional actions, policies, procedures or legislation deemed by the commission to be ne cessary to carry out the purposes of this chapter;
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(5) Maintain data on practices, activities, hate crimes, and other pr oblems which are the subject of this chapter;
(6)(2) In addition to the other powers and duties set forth in this chapter, the commission shall have the power and duty to:
(A) Prepare and disseminate educational a nd informational material relating to prejudice and discri mination and recommended ways and means of eliminating such prejudice and discrimination,
(B) Furnish cooperation, information, guidance and technical assistance to other public agencies and private persons, organizations and institutions engaged in activities and programs intended to eliminate prejudice and discrimination, (C) Consult and maintain contact with human relations agencies, other public agencies, and local non-profit organiza tions representatives of employers, labor unions, property owners' associations, professional associations, national origin groups, community organizations concerned w ith interracial, interreligious and intercultural understanding, social welfare organizations, and such other private organizations and institutions as the commi ssion shall deem advi sable, to further the objectives of this chapter,
(D) Advise and make written recommendations to the mayor, city council and city manager concerning the development and implementation of programs and practices for the purpose of furthering the object ives of this chapter. Make recommendations to the City Council on priorities for development in the city’s efforts in human rights including social programs and issues facing older adults and other at-risk populations. If necessary, the commission and an agency, board or officer which the commission is assisting shall submit timely reports of progress in establishing and implementing such programs and practices as are from time to time requested by the mayor or city council. The commission shall not have jurisdiction over matters within the authority of ot her city boards and commissions, except under specific direction from the city council,
(E) Investigate, and with the assent of the c oncerned parties, conciliate or mediate all incidents of discrimination within the scope of this chapter to the extent such functions are not within th e responsibilities of the California Fair Employment Practices Commission or any federal, county, state, city or other established agency, and make specific and detailed recommendations to the interested parties as to the method of eliminating such discrimination,
(F)(E) Prepare, encourage and coordinate programs based on established laws, regulations, policies or goals to elimin ate or reduce existing inequalities and disadvantages in the community resulting from past discriminatory practices, (G) Refer for appropriate action any matter s not resolved through conciliation or mediation to the appropriate prosecutorial or regulatory entity pursuant to Section
2.45.040,
(H)(F) Request through the city manager info rmation, services, facilities or any other assistance for the purpose of furthering the objectives of this chapter, (I)(G) Appoint subad-hoc and standing committees of members of the commission City of Palm Springs, CA
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as may be required to address specific human relations problems, and/or advisory committees of members drawn from various seg ments of the Palm Springs population, (H) Support and participate in activities whic h bring together various factions and viewpoints on emerging issues in a way that will help the community to resolve the issues which arise with change.
(I) Support at-risk and vulnerable community members, as identified by the California Department of Fair Em ployment and Housing, through recommended programs, policies and coordinated strategies.
(J) Promote citizen participation through an atmosphere that promotes amicable relations among all members of the community.
(Ord. 1426 § 2, 1992; Ord. 1428 § 1, 1992; Res. 20441 § 1, 2002) § 2.45.040. Referral and mediation of complaints.
(a) The commission shall prescribe a form on which a complaint may be lodged by any individual or entity that an unfair or unlawful practice of discrimination, as defined in Section
2.45.010 of this chapter, has occu rred. Such complaint shall be filed with the commission under the penalty of perjury, and shall initiate the referral and/or mediation and conciliation powers of the commission.
(b) Upon receipt of a verified complaint, th e commission shall conduct such preliminary investigation as is necessary to determine if the allegations thereof fall within the jurisdiction of any federal or state agency, commission or authority. Upon a determination that such federal or state jurisdiction exists, the commission shall refer the complaint to the appropriate state and/or federal agency, commission or au thority, and provide notice of the receipt and referral of the complaint to the complainant and the individual or entity charged in the complaint.
(c) Upon receipt of a verified complaint, the co mmission shall notify both the complainant and the individual or entity charged in the complaint of the availability of the mediation or conciliation services of the commission. If all parties to the complaint agree to participate in voluntary mediation or conciliation, the co mmission shall then conduct such further investigation necessary to determine if reasonabl e cause exists to mediate or conciliate the complaint.
(d) If the commission determines that reasonable cause exists to mediate or conciliate the complaint, the commission shall notify the par ties thereto, and the chair of the commission shall designate one or more commissioners to assi st the parties in their efforts to mediate or conciliate the complaint.
(e) In undertaking to mediate or conciliate the comp laint, the commissions(s) may convene meetings, conferences or such ot her discussions with the partie s (collectively or separately) as is mutually agreed upon. The commissioner(s) shall not undertake a formal or evidentiary hearing or maintain a written record of the co nciliation or mediation proceedings. It is the purpose of this chapter to provi de an informal an d nonconfrontational forum for the parties to mutually resolve the complaint. Such meetings, conferences or discussions as may be held or convened may, upon request of any party, be conducted privately with the public excluded therefrom except to the extent otherwise provided by law.
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(f) The commissioner(s) may assist the parties in discussing the facts in support of or in response to the complaint, may assist the parties in ne gotiating a mutual resolution to the complaint, may offer specific recommendations to the parties as to the disposition of the complaint, and may otherwise assist in the c onciliation or mediation of the complaint as the parties shall mutually agree upon.
(g) If the commissioner(s) cannot assist the parties in reso lving the complaint through conciliation or mediation, the commissioner(s) shall declare an impasse between the parties, which declaration shall terminate the services of the commission and its jurisdiction over the complaint. Thereafter, the commission may advi se the complainant of such appropriate or available remedies as may exist to further pursue the allegations of the complaint. (h) All parties participating in the conciliation or mediation process re tain such legal or constitutional rights, privileges and defense as otherwise exist in law. The participation of the commission in the conciliation or mediation of any complaint shall not be deemed to constitute a decision, finding of fact, judgment or order of the commission, nor shall any statement, recommendation or suggestion of the assigned commissioner(s) be binding upon or admissible in any court in any subsequent proceeding. (Ord. 1426 § 2, 1992)
§ 2.45.050. Individual remedies.
Nothing in this chapter or the provisions thereof shall be construed as granting or denying to an aggrieved individual or entity any additional right to pursue a civil action against any person, firm, partnership, association or corpor ation, or any agency, board or of ficer of the city , or any action allowed under state or federal law.
(Ord. 1426 § 2, 1992)
§ 2.45.060. Meetings.
(a) The commission shall be deem ed an advisory body to the legislativ e body and thus be governed by all procedures of the Ralph M. Brown Act.
(b) The commission shall adopt appr opriate meeting procedures so that meetings will be conducted in accordance with the Brown Act as frequently as necessary to carry out the purposes of this chapter, but no less than once a month. (c) If a member absents himself or herself without advance permission of the commission or the city council from three consecuti ve meetings or twenty-five percent of the duly scheduled meetings within any fiscal year, the chair shall file a certification with the city clerk that such absences have occurred, and his or her office shall thereupon automatically become vacant and shall be filled as any other vacancy.
(d) Five members shall constitute a quorum of the commission, and any ruling, decision or other action of the commission may taken by a majority of thos e members present and voting, provided a quorum is present.
(Ord. 1426 § 2, 1992)
§ 2.45.070. Statement of domestic partnership.
(a) Domestic partners, who meet the qualifications of a domestic partnership under this chapter may make an official record of their domestic partnership by completing, signing and City of Palm Springs, CA
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submitting in person to the city clerk, on the form prescribed by the city clerk, a "statement of domestic partnership" stating that they meet the requirements of this chapter. (b) The statement shall establish the location of domicile and be signed by both partners under penalty of perjury, with both signatures being notarized. (c) Each domestic partner w ho submits a statement of domestic partnership with the city clerk agrees to notify the city of any change in the status of their domestic partnership. (d) A statement of domestic partnership may be amended to reflect changes, such as a change in address of the partners, by filing in person a new statement of domestic partnership. (e) No person who has a statement of domestic partne rship on file with the city clerk may file another statement of domestic partnership unt il a statement of termination of domestic partnership is filed with the city clerk in accordance with this chapter. (f) No statement of domestic partnership shall be deemed effective unless submitted to the city clerk in accordance with the provisions of this chapter. (f)(g) The rights afforded by Chapter 2.45 of this Co de shall not infringe on any rights afforded those registered as domestic partners by the Secr etary of State of Ca lifornia or conferred upon individuals pursuant to the lega lization of same sex marriage in Obergefell v. Hodges and its progeny.
(Ord. 1578 § 4, 2000)
§ 2.45.080. Termination of domestic partnership.
(a) A domestic partnership is terminated when one of the following occurs: (1) one partner dies or is married, (2) the partners no longer have a common residence, or (3) one partner gives the other written notice by certified mail of termination. Upon the occurrence of such event, at least one former partner shall file with th e city a statement of te rmination of domestic partnership.
(b) Any member of a domestic partnership may terminate the domestic partnership by jointly or unilaterally completing, signing under penalty of perjury and submitting in person to the city clerk a statement of terminati on of domestic partnership in th e form prescribed by the city clerk.
(c) A domestic partnership shall be deemed terminated thirty days after the filing of the statement of termination of domestic partnership and, if applicable, proof th at the statement of termination was either mailed to, served on or personally delivered to the former partner, when such former partner did not appear pers onally in the city to file the statement of termination of domestic partnership.
(d) No termination of domestic partnership shall be deemed effective unless submitted to the city clerk in accordance with the provisions of this chapter. (Ord. 1578 § 4, 2000)
§ 2.45.090. Fees.
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(a) No statement of domestic partnership or statem ent of termination of domestic partnership shall be accepted by the city clerk unless acco mpanied by payment of the filing fee in an amount which may be established from time to time by resolution of the city council. (b) Payment of filing fees shall entitle the person filing the subject statement to have two copies of said statement certified by the city clerk.
(c) The cost of certification of addi tional copies of a statement shall be an amount per copy as established by resolution of the city council.
(Ord. 1578 § 4, 2000)
§ 2.45.100. Maintenance of records—Notary.
The city clerk shall maintain adequate records of all statements of domestic partnership and all statements of termination of domestic partnership along with a register of domestic partnerships.
No statement of domestic partnership or term ination shall be valid and binding without the signature and seal of acknowledgement by a notary public. (Ord. 1578 § 4, 2000)
§ 2.45.110. Legal effect.
(a) Registration as a domestic partner under this chapter shall not be evidence of, or establish, any rights existing under law other than those expressly provided hereunder. (b) The filing of a statement of domestic partnership hereunder shall not change the character of property, real or personal, or in terest in real or personal pr operty owned by either domestic partner or both of them, and the formation of a domestic partnership shall not, in and of itself, create any interest in or rights to, any property, real or personal, owned by the partner in the other partner, including but not limited to, any rights similar to community property rights or "palimony" rights under common law.
(c) The formation of a domestic partnership hereunder shall not change the individual income or estate tax liability of each partner prior to and during the partners hip, unless otherwise provided under another state or federal law or regulation. (d) This chapter is not intended to make the Ca lifornia Uniform Partne rship Act (California Corporations Code Section 15001, et seq.) applicable to domestic partnerships. (e) At the election of the partners , they may enter into a durable power of attorney for any authorized purposes, including but not limited to , health care or the disposition of personal effects at the time of death; provided, that the statement comp lies with the requirements of the Uniform Durable Power of Attorney Act (Article 3, commencing with Section 2475, of Division 3, Part 4, Title 9 of the California Civil Code). (Ord. 1578 § 4, 2000)
§ 2.45.120. Health care facility visitations.
All health care and psychiatric care facilities located in the city, incl uding but not limited to hospitals, convalescent facilities or other long-term care facilities, shall allow a domestic partner of a patient to visit the patient unless the applicable rules of the facility prohibit all visitors. (Ord. 1578 § 4, 2000)
§ 2.45.130. Jail visitation rights.
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A domestic partner of an inmate in the city jail shall be allowed to visit the inmate unless: (1) the applicable rules prohibit all visitors, or (2) the police department decides that a particular visitor is a threat to the security of the jail.
(Ord. 1578 § 4, 2000)
§ 2.45.1340. City applications, licenses and permits.
Persons registered with the city as domestic partners are entitled to file, on behalf of their domestic partner, any applications, approvals , licenses or permits that the c ity allows to be filed for any person by that person's spouse. This includes, but is not limited to, al l business applications, licenses and permits; all pla nning, building and land use applic ations, licenses and permits; all health, safety and regulatory applications , licenses and permits; and all other municipal applications, licenses, and permits, whatsoever.
(Ord. 1578 § 4, 2000)
§ 2.45.1450. Civil actions.
Any person or entity defrauded by a false representation in a statement of domestic partnership, an amendment to such statement or a statement of termination of domestic partnership may bring a civil action against either or both partners pursuant to the laws of the state of California to recover his, her or its actual losses, damages or injuries.
(Ord. 1578 § 4, 2000)
§ 2.45.1560. Reciprocity.
The provisions of and the rights and benefits accorded by this Chapter 2.45 shall be applicable to persons registered as do mestic partners in any other jurisdiction with a comparable domestic partnership enactment.
(Ord. 1578 § 4, 2000)