March for Life 2020

“It is my profound honor to be the first president in history to attend the March for Life. Unborn children have never had a stronger defender in the White House.”

President Donald J. Trump, 2020 March for Life

Tens of thousands gathered in the nation’s capitol Friday to attend the annual March for Life. President Donald J. Trump shared his thoughts on life, creation, and his commitment to continue fighting for the unborn.

All of us here understand an eternal truth: Every child is a precious and sacred gift from God. Together, we must protect, cherish, and defend the dignity and the sanctity of every human life.

When we see the image of a baby in the womb, we glimpse the majesty of God’s creation. When we hold a newborn in our arms, we know the endless love that each child brings to a family. When we watch a child grow, we see the splendor that radiates from each human soul. One life changes the world—from my family, and I can tell you, I send love, and I send great, great love—and from the first day in office, I have taken historic action to support America’s families and to protect the unborn.

President Donald J. Trump, 2020 March for Life

For the full text of the President’s speech, see FULL TEXT: President Trump’s historic 2020 March for Life speech by Life Site News.

For additional details on Trump’s historic speech, see “Trump Sets New Standard For Pro-Life Presidents In Address To March For Life” by Tristan Justice at The Federalist.

The March was covered live by the Eternal Word Television Network (EWTN).

Human Trafficking Awareness

Tuesday, October 15, 2019 | 7–8:30PM
First Church of the Nazarene (2734 S. Washington St., Kokomo, IN)

Hope Center in Indianapolis is a residential campus for women survivors of sex trafficking.  The nonprofit’s mission is “to transform the lives of women exiting sex trafficking by providing a Christ-centered approach to healing, self-sufficiency, and reintegration into the community.” For more information, see

Pastor Hubert Nolen, the Executive Director of the Hope Center, and other leaders will share about the lives God is changing through the Hope Center.

Please pre-register by calling the First Church of the Nazarene office at (765) 453-7078.

A love offering will be collected for the Hope Center.

Hubert Nolen is a Co-Founder of Hope Center Indy and serves as the Executive Director and a Board Member. He is the former Senior Pastor of Brookville Road Community Church in New Palestine, IN, and pastored there for 33 years. Under Pastor Hubert’s leadership, the congregation grew to more than 1,000 members with an annual operating budget of $1.1 million, which has provided millions to world missions and church planting. Pastor Hubert was instrumental in establishing more than 70 churches globally including in India and Brazil. He earned his B.A. in Bible and Pastoral Ministry from Barclay College and completed graduate studies at Asbury Seminary and Trinity Evangelical Seminary.

In 2015, he took notice of a promotion video featuring a young woman on the verge of taking her own life because of heartache she had lived through from a violent past. Subsequently, she found hope when she discovered an organization where she was given a second chance. Pastor Nolen felt prompted in that instant to launch a center where victims of human trafficking from coast to coast and all walks of life could find a place to heal and recover from the effects of human trafficking. He and his wife, Tonia, have been married 40+ years. They have five children, seven grandchildren, and live on the family farm in Shelbyville, IN.

The Hope Center

In 2018 alone, 85,613 human trafficking victims were identified worldwide.

“This is an urgent humanitarian issue. My Administration is committed to leveraging every resource we have to confront this threat, to support the victims and survivors, and to hold traffickers accountable for their heinous crimes.”

President Donald J. Trump, 2019 Trafficking in Persons Report

Ashley Bratcher on What Pro-Life Means to Her

By Catherine Yang
Originally published and updated September 11, 2019 in the Epoch Times

Actress Ashley Bratcher had no idea who Abby Johnson was. The role came to her in a completely unorthodox way.

One day, Bratcher received a comment from an Instagram stranger who told her she would be perfect for this part.

“She said, ‘Ashley, I have been praying for you for about this year, and God is telling me that you’re meant to play this role.’” 

Bratcher thanked her, and then ignored it, because it sounded crazy.

“It was the strangest thing,” Bratcher said.

But a while later, the commenter came back around, and told Bratcher she was really meant for this role, and if she could just please take a look.

She relented, and agreed to look at a few pages of the script.

Abby Johnson was funny, witty, and charismatic. From the pages Bratcher had, she had no idea it was the story of a woman who was responsible for 22,000 abortions, and who would do a complete 180 on her position.

Bratcher auditioned for the part.

“I learned that she was a real person, and after the audition, I thought that the character was really cool,” Bratcher said. “So I wanted to look her up and see what she was like in real life.”

“And it was then I heard her testimony for the first time, about what she saw, and what happens during the abortion procedure,” Bratcher said. It hit her, emotionally and spiritually. “I was absolutely floored.”

Ashley Bratcher in “Unplanned.” (Unplanned Movie)

“I knew that this was something that I wanted to be part of, and I wanted to make sure the world heard the story,” Bratcher said. “From that point on, I was really all in, and ready to just take on the role.”


Abby Johnson is a former Planned Parenthood clinic director; she’d worked for the organization for eight years and in that time rose to employee of the year. Later that year, in 2009, Johnson quit.

Not only did she quit, but she turned to a pro-life organization because they were the only people who understood. And then she spoke out about what she had seen, shocking millions with the truth of abortion.

Johnson had been with the organization, recommending abortions to women, for eight years before she had ever seen the abortion procedure take place via ultrasound, because Planned Parenthood didn’t do it that way. It was only when she was asked to assist an outside doctor with a procedure that she saw it take place—and learned it was common that the baby, still a fetus, would jump away from the abortion instruments, before being dismembered and suctioned out.

It turned her worldview upside-down, and was the final nail in the coffin. In press conferences and talks around the country, she exposed Planned Parenthood as an abortion-driven business, aiming to increase their sales, rather than a health provider as it claimed to be. She’s written her story down in the memoir “Unplanned,” and the film “Unplanned” came out earlier this year.

Abby Johnson. (Abby Johnson)

Today she also runs the ministry And Then There Were None, which supports abortion workers who want to transition to other careers.

Johnson and Bratcher didn’t meet until halfway through production, but they talked on the phone and texted constantly and became fast friends.

It was an intense seven weeks of filming.

“I was cast and I had a four-hour notice to get on a plane,” Bratcher said. She had a hundred pages of lines and appeared in nearly every scene of the movie, and she dove right in.

Ashley Bratcher in “Unplanned.” (Unplanned Movie)

Before “Unplanned” Bratcher’s stance on abortion was a common one in the current cultural climate. She personally didn’t want to get an abortion, but didn’t want to stand in the way of women who felt they needed one.

“I wasn’t really familiar with the pro-life movement,” Bratcher said. But in the few days she had to prepare for the role, she was researching non-stop. She watched all sorts of videos and talks, and heard Johnson’s story for the first time, reducing Bratcher to tears.

“It was a lot,” Bratcher said. “It was probably the biggest undertaking I’ve ever had as an actor.”

In the film “Unplanned,” actress Ashley Bratcher plays Abby Johnson, a clinic director at a Planned Parenthood located next door to a religious pro-life charity named 40 Days for Life. Johnson’s encounters with the organization’s prayer group members ends up changing her life. (Courtesy of Unplanned)

The “Unplanned” story put a face on the victim. “Knowing that and seeing that in my research just really blew my mind—to think that I’m my age and I had never known what really happened,” she said.

Another twist in Bratcher’s own story occurred while filming was underway. It was on set when she learned that she was almost aborted herself.

Bratcher had already known her mother had an abortion at age 16, and wanted to share this story she was working on as it was about mercy and forgiveness. But as she was describing the story, her mother broke down in tears, and told Bratcher that when she was 19, and pregnant with Bratcher, she had decided to get an abortion. She was on the clinic table before she had this gut feeling she couldn’t go through with it, last minute, and left.

Bratcher told Fox & Friends she later confirmed the story with her father, who told her that they didn’t think they could afford a child, and couldn’t even afford the abortion. To pay for the abortion, he had pawned a family shotgun—that was the price of her life.

Bratcher is often asked whether she was worried the film would negatively impact her career. Twitter had suspended the film’s Twitter account and revoked its ads, and a number of television networks refused to run its advertisements. The filmmakers have protested the R rating given to the film, which prevents minors from seeing it. But Bratcher says she is fearless, because she knows where she stands.

Despite efforts to limit the distribution of the film, “Unplanned” hit No. 1 in DVD sales on Amazon and received rave audience reviews.

Selfless Love

Bratcher got into acting almost by accident. In her last year at college, she needed to take an elective and chose an acting class on a whim, since she had fun in theater classes in high school.

“It kind of ignited that fire inside of me,” Bratcher said. On stage, she had escaped. She wasn’t Ashley Bratcher, whose mortgage was due and had to go grocery shopping later. She got to tell someone’s story.

Then, out on a date with her high school sweetheart—now husband—at the North Carolina State Fair, she saw a big booth with a sign: “Do you want to be an actor?”

Bratcher signed up, and auditioned for a local commercial—and got the part. From there an agent took her to New York, where she auditioned for a hundred managers and agents, and received over 20 offers.

“It just made me realize, ‘Oh, wow, I can actually do this,’” Bratcher said.

But at the time, it was driven by a desire for fame, and Bratcher, who is competitive by nature to begin with, said she had more or less been living with a selfish mindset. Life was about what she wanted, and what she could get out of it. She moved to New York and lived an emotionally and spiritually exhausted life battling rejection. One acting workshop planted some positive seeds, when she was tasked to write a letter to herself.

She had to write down why she decided to become an actor, and what it meant to her, and what sort of impact she wanted to have with her career.

“That was the first time where I said, ‘I do have a serious, legitimate reason for wanting to be a part of this,” Bratcher said. “From that moment on, I always took that letter to heart.”

“In the last couple of years … I have been able to be a part of stories that I feel give people a sense of hope,” Bratcher said. “I wanted to be part of telling really good stories that did something good for people on the inside.”

Much of this is rooted in Bratcher’s faith, which hadn’t been a big part of her life until she became a mother herself.

“I had my own unplanned pregnancy,” Bratcher said. She had just started acting, with few results, and her husband had graduated college and had a job, but neither really had a career.

“I had to be on government assistance. I had Medicaid, I used WIC; we just couldn’t afford it,” Bratcher said. “But at the same time, we were figuring out ways to solve that problem. And I totally believe in government assistance when it picks people up and gets them on their feet. I think when it’s used appropriately, it empowers people to get back up and do what they need.”

Bratcher needed it for a little over a year, and it helped put her on the right track.

“Having my son, first and foremost, deepened by faith. I looked at this tiny little person, and I just could see nothing but the love of God,” Bratcher said. “I couldn’t imagine loving him so much. And it just clicked with me that if I love him so much, how much more God must love me to be able to hold this little baby in my arms and feel this incredible amount of love.”

It changed her whole outlook on life.

“The most important thing I learned from my son was what it meant to love selflessly—because I had been so selfish in the past,” Bratcher said. At the root of all her choices was pleasing herself; other people weren’t even a consideration. But the moment she understood selfless love, she realized what a shallow life she had been living.

“I had experienced a love that I feel like we’re on this planet to experience. I had felt, for the first time, this very pure and selfless love,” Bratcher said.

“That was a huge spiritual awakening for me,” she said. “After I had him, and I got back into the film industry, I had this sense of faith and identity.”

“I wasn’t looking to anyone for validation, I didn’t need to book a role to feel like I was going to be successful, I didn’t need anyone’s approval to know what my worth was,” she said. “It is critical for me to make sure that I am digging into my faith.”

Bratcher initially never wanted children, didn’t want to be responsible for another life and forego all the travels and experiences and the career she dreamed of. Now she has all of those things, and her son as well.

Bratcher attends the Save the Storks 2nd Annual Charity Ball at the Trump International Hotel on Jan. 17 in Washington. (Photo by Paul Morigi/Getty Images for Save the Storks)

And “Unplanned,” far from ending her career, has opened up avenues for Bratcher to help make a positive impact. She’s done two TV shows and is the lead in a romantic comedy where the proceeds of the film will go towards charity. She recently partnered with Heartbeat International to launch the Unplanned Movie Scholarship to help moms with unplanned pregnancies with educational scholarships.

“A lot of times women choose to have abortions because they don’t have the support that they need or want or desire,” Bratcher said. “They’re told if they have kids they can’t be successful, they can’t finish school, all of these things.”

She wanted to provide an option to solve the problem, such as the scholarship fund that would give mothers financial means to finish their education, and partner with an organization with resources and expertise. Heartbeat International has 3,000 pregnancy health centers and provides everything from parenting classes to formula and childcare.

“I wanted to make sure that I was using my voice in a way that was loud enough to say ‘yes, you can’, and actually do something about it,” Bratcher said.

Life Chain 2019

Sunday, October 6, 2019 | 2:30-3:30 PM
Pick up signs at First Baptist Church (at the intersection of Taylor St. & Washington St.)

Stand with thousands of pro-life individuals throughout the USA and Canada in honor of millions of babies whose lives have been lost to abortion. Pray for people in crisis situations and for our nations. You’ll be a light in a darkened world as you help put an end to abortion through prayer!

  • Signs will be available for pick-up at 2:00 PM at First Baptist Church of Kokomo at the northwest corner of Taylor St. and Washington St.
  • The event begins at 2:30 and ends at 3:30 PM.
  • We will be forming a cross by lining up on the North/South Street Washington Blvd. between Markland & North Streets and the East/West street Jefferson Ave., between Indiana Ave. & Apperson Way.
  • This year we are inviting church leaders as well as individuals to go to our Facebook page and choose a spot on the cross to stand. Tell us the location you have chosen. We are praying that this will be the year that the city of Kokomo will see the longest LIFE CHAIN ever!
  • We will stand with our pro-life signs while we pray silently for our country, our leaders, those who drive by, for women and men who have or will in the future be making a “life decision” and for the pro-life cause.
  • After 3:30PM, please return the signs to the person at First Baptist Church (at Taylor St. & Washington St.), or to Bible Baptist Church, 2635 S. Dixon Road.
  • If you have any questions, please call (765) 210-9367.
  • We hope you will establish a sign-up sheet for your parishioners as well as frequently giving out reminders to friends, family members and neighbors to further encourage their involvement in this very important national event. Each year we are encouraged by the increasing number of motorists and pedestrians who honk or show a thumbs up in solidarity with our message. This is a chance for the church of Christ to stand up for those who cannot speak for themselves.

Will you stand with us?

To learn more, visit Howard County Right to Life on Facebook or email You can select a designated spot to stand by viewing the cross in our Facebook post.  Just select the spot you want for your church/organization/business and reply with a comment telling us your choice. We will post your group on our Facebook page within 24 hours.

If you have any questions, please don’t hesitate to call.

Life Chain Coordinator
(765) 210-9367


HCRTL Marketing
(765) 455-8665   

GOP Senators Introduce Fetal Burial Law after Discovery of 2,246 Abortion Remains in Ulrich Klopfer Garage

By Kimberly Leonard | Originally published September 27, 2019, 09:03 AM in the Washington Examiner

Republican senators have introduced a bill to mandate the burial or cremation of fetal tissue after an abortion in response to the discovery of 2,246 fetal remains in the garage of a deceased abortion doctor.

The bill, the Dignity for Aborted Children Act, is similar to a measure signed into law in Indiana by Vice President Mike Pence when he was governor, which became enforceable this month. The Supreme Court upheld the law this year, though it hasn’t ruled on its merits.

The bill is in response to the news about Dr. Ulrich “George” Klopfer, who was a hoarder and stashed away 20-year-old fetal remains. The remains were discovered this month in medically sealed bags placed into cardboard boxes at his Illinois home. Klopfer provided abortions in Indiana for decades butlost his medical license roughly three years before his death on Sept. 3.

Under the Senate legislation, abortion providers would be required to arrange for the burial or cremation of the remains or otherwise face a fine and up to five years in prison. The woman who has the abortion would be given a consent form that would allow her to choose to retain the tissue or to let the abortion clinic handle it.

The bill was co-sponsored by Sens. Mike Braun of Indiana, Todd Young of Indiana, Steve Daines of Montana, John Cornyn of Texas, Rick Scott of Florida, Joni Ernst of Iowa, Marsha Blackburn of Tennessee, Roger Wicker of Mississippi, Cindy Hyde-Smith of Mississippi, Thom Tillis of North Carolina, and Jim Inhofe of Oklahoma. They are seeking to add more co-sponsors. Rep. Jackie Walorski of Indiana is looking at introducing a similar measure on the House side.

“The discovery of thousands of fetal remains in an Indiana abortionist’s home horrified every American who respects the sanctity of life, and highlighted a disturbing trend that Indiana has taken the lead in rectifying,” Braun said in a statement, calling the discovery in Klopfer’s home “grotesque collections.”

The Washington Examiner interviewed Braun at his office Tuesday, and at the time, he said he wasn’t sure how a fetal burial law, or any anti-abortion legislation, could pass Congress given that lawmakers had recently rejected other restrictions on abortion. He said he supported burial laws but didn’t state any intention to introduce a bill, though he said states should move ahead on restrictions and that the Supreme Court would need to take up abortion rights again.

“If we really wanted to get somewhere, the leadership and guidance needs to come from the Supreme Court,” he said.

The Senate, with mostly Democrats opposing, rejected a bill in 2018 that would have banned abortions after 20 weeks and another bill in February clarifying that babies who survive attempted abortions must receive medical care.

After an abortion, providers treat fetal tissue as medical waste to be incinerated, flushed into the sewage system, or discarded in a landfill. Some states want to change that, but few have been successful. A federal judge stuck down a fetal burial law in Texas last year, and an appeal is currently being weighed by the 5th Circuit Court of Appeals. Ohio’s state Senate also advanced a fetal burial law in March.

Ernst said that the discovery at Klopfer’s home “serves as a stark reminder that we must protect and defend life.”

“We cannot be a society that tolerates actions like Dr. Klopfer’s, and this bill will ensure the remains of all human beings, in every stage of life, get the dignity and respect they deserve,” she said.

Abortion rights advocates have fought burial and cremation laws in court, arguing that they heap more work on providers, who have to arrange for the services. That makes abortions more expensive, they say, putting the procedure out of reach for low-income patients. They also argue that the laws don’t take the patient’s moral or religious beliefs into consideration and that they would affect women who miscarry, often without knowing it because the symptoms mimic a heavy period.

Who Are My Neighbors and How Do I Love Them?

He asked Jesus, “And who is my neighbor?”

This past Sunday, Steve preached a message about what it means to start each day by “putting on Jesus.” What does it mean to get up each day and lay down self to be clothed with Christ? In the sermon, he shared the story of the good Samaritan from Luke 10:25-37. One I grew up hearing.

In short, a Jewish man gets beat up, robbed and left for dead. A priest walks by, sees the man and crosses over to the other side of the street. Then an assistant at the temple walks over, takes a look at the man lying in a crumpled heap, and turns away from the desperate scene. Finally, a Samaritan, despised by the Jews, sees the wounded man and has compassion. He cares for the man’s wounds then goes even further by ensuring that his medical needs were cared for. Jesus asked which of the three was a neighbor to the man. 

This morning as I climbed into the car for my morning commute, the question Jesus asked so many years ago, haunts my heart. I will most likely not come upon a physically wounded stranger.  But I may find myself surrounded by those whose wounds and scars are hidden to the natural eye. But I want to put on Jesus. I want to walk in compassion. How will I know if I don’t have His eyes to see? This line of thinking prompts a prayer on my lips, “Lord, who is my neighbor today?” 

That was the prayer, plain and simple, nothing more. But that simple prayer set my heart on a journey. It was an invitation to journey with eyes wide open to the wounded. An invitation to embrace my neighbor and wrap their wounds with grace. I arrived at work ready to meet my neighbor.

What a surprise God had in store for me. Instead of God sprinkling my path with neighbors to love He brought neighbors to love on me. I was the wounded one, lying in a heap and I didn’t even know it. But God let unassuming strangers see me. They saw past the facade of “I’m fine, really I am.”

It started with the lady at the flower shop who heard me as I shared why I needed pink flowers. “My friend is still in the hospital battling cancer. She loves pink.” With that, a few extra flowers and greenery were added to the mix at no additional cost. With an encouraging word and a bit of wisdom, “Don’t forget to take care of yourself,” she sent me on my way. 

It was in the smile of the barista who looked me in the deep in the eyes and asked, “So, how is your day going?” Her gaze at me reflected a heart that genuinely cared. 

It was the bubbly teller at the bank, the one who threw her arms up in excitement as I entered the building. She had mistaken me for a dear friend. Though I was a temporary embarrassment, the kindness, smile, and conversation that proceeded, brought a ray of sunshine to both of us. 

While I had hoped to be a neighbor to others, God taught me a lesson today.

When we love the Lord with our whole being and demonstrate that love by serving our neighbors with compassion, He, in turn, wraps our wounded places with His grace and mercy. 

You must love the Lord your God with all your heart, 
all your soul, all your strength, and all your mind.’ 
And, ‘Love your neighbor as yourself.’

Luke 10:27

I can’t wait to see who my neighbors will be tomorrow!

Who are your neighbors?

Until next time, let’s find hope in the journey,

P.S. If you know someone who is weary, struggling to hold tight to hope, please invite them into the journey with us. Let’s encourage one another on to love and good deeds. 

Hi There! My name is Evelyn. I am a lover of all things family, faith and Fall. So grateful that you found your way here. The chaos of life can leave us feeling a bit worn around the edges. Sometimes a little ray of hope is all we need to provide courage for the next step in our journey. So come on in, take a deep breath. My prayer is that in this space, you will be able to grab hold of hope. For more of Evelyn’s columns, see her blog Hope for the Journey.

Abby Johnson in Indiana

Abby Johnson, an ardent prolife advocate who God delivered from the abortion industry, will be speaking on Wednesday, August 24th at St. Maria Goretti Catholic Church (17201 Springmill Rd. Westfield, IN).

Abby will share about her experiences as the director of a Planned Parenthood abortion center, the events that changed her life, and her conversion to a prolife activist. All are welcome to come at 6PM for an hors d’oeuvre reception in the parish hall. The program will begin at 7PM in the church.

There is no charge for admission, but your donation will benefit Great Lakes Gabriel ProjectFor more information on Abby, visit For event details, visit the church website or call Dave Bangs at (765) 860-6006.

From Abby’s website:

Abby Johnson has always had a fierce determination to help women in need. It was this desire that both led Abby to a career with Planned Parenthood, our nation’s largest abortion provider, and caused her to flee the organization and become an outspoken advocate for the pro-life movement. During her eight years with Planned Parenthood, Abby quickly rose in the organization’s ranks and became a clinic director. She was increasingly disturbed by what she witnessed. Abortion was a product Planned Parenthood was selling, not an unfortunate necessity that they fought to decrease. Still, Abby loved the women that entered her clinic and her fellow workers. Despite a growing unrest within her, she stayed on and strove to serve women in crisis.

All of that changed on September 26, 2009 when Abby was asked to assist with an ultrasound-guided abortion.

She watched in horror as a 13 week baby fought, and ultimately lost, its life at the hand of the abortionist.

At that moment, the full realization of what abortion was and what she had dedicated her life to washed over Abby and a dramatic transformation took place. Desperate and confused, Abby sought help from a local pro-life group. She swore that she would begin to advocate for life in the womb and expose abortion for what it truly is.

Planned Parenthood did not take Abby’s exodus sitting down. They are fully aware that the workers who leave are their greatest threat. Instantly, they took action to silence Abby with a gag order and took her to court. The lawsuit was quickly seen as the sham it was and thrown out of court.

The media was, and continues to be, intensely interested in Abby’s story as well as her continued efforts to advocate for the unborn and help clinic workers escape the abortion industry. She is a frequently requested guest on Fox News and a variety of other shows and the author of the nationally best-selling book, Unplanned, which chronicles both her experiences within Planned Parenthood and her dramatic exit.

Today, Abby travels across the globe sharing her story, educating the public on pro-life issues, advocating for the unborn, and reaching out to abortion clinic staff who still work in the industry. She is the founder of And Then There Were None, a ministry designed to assist abortion clinic workers out of the industry. To date, this ministry has helped over 150 workers leave the abortion industry. Abby lives in Texas with her husband and five precious children.

Learn more on Abby’s website and in her book Unplanned!

Stand Up for Your Freedom of Conscience

What do you do when your local City Council proposes an ordinance that could restrict your freedom of conscience? You learn all you can, you pray, and then you do something.

Peter Heck has done an admirable job describing the history of Ordinance No. 6820 here in Kokomo in three recent articles:

Tonight the City Council will be reading the ordinance in full in a public meeting that begins at 5:30PM in the Louks Conference Room on the first floor of City Hall. At 6PM they will hold a Council Meeting in their chambers.

A copy of the ordinance is provided below. You can also download a copy of it.




For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“AFFIRMATIVE ACTION” shall mean those acts that the Commission and the City determines necessary to assure compliance with the Kokomo Human Rights Ordinance.

“COMMISSION” shall mean the Kokomo Human Rights Commission.

“COMMISSION ATTORNEY” shall mean the City of Kokomo’s Corporation Counsel, or such other attorneys as may be engaged by the Commission.

“COMPLAINANT” shall mean:

(1) Any individual charging on his own behalf to have been personally aggrieved by a discriminatory practice; or

(2) The person who files a complaint charging that a discriminatory practice was committed against a person other than himself or a class of people in order to vindicate the public policy of the City as defined in this subchapter.

“COMPLAINT” shall mean any written grievance filed by a complainant with the Commission. The original shall be signed and verified before a notary public or other person authorized by law to administer oaths and take acknowledgments. Notary service shall be furnished by the Commission without charge. To be acceptable by the Commission, a complaint shall be sufficiently complete so as to reflect properly:

(1) The full name and address of the complainant:

(2) The name and address of the respondent against whom the complaint is made;

(3) The alleged discriminatory practice and a statement of particulars thereof;

(4) The date or dates and places of the alleged discriminatory practice and if the alleged discriminatory practice is of a continuing nature the dates between which continuing acts of discrimination are alleged to have occurred; and

(5) A statement as to any other action, civil or criminal, instituted in any other form based upon the same grievance alleged in the complaint, together with a statement as to the status or disposition of the other action.

No complaint shall be valid unless filed within one (1) calendar year from the date of the occurrence of the alleged discriminatory practice or from the date of the termination of a published and meaningful grievance procedure provided by a respondent employer or labor union.

“CONSENT AGREEMENT” shall mean a formal agreement entered into by the parties in lieu of adjudication.

“DIRECTOR” shall mean the director of the Kokomo Human Rights Commission.

“DISABLED” or “DISABILITY” shall mean with respect to an individual:

(1) a physical or mental impairment that substantially limits at least one (1) of the major life activities of the individual;

(2) a record of an impairment described in subdivision (1); or

(3) being regarded as having an impairment described in subdivision (1).

The term does not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802)).

“DISCRIMINATION” shall mean any difference in treatment based on race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age and shall include segregation, except that it shall not be discrimination for any religious or denominational institution to prefer members of its own religion or denomination.


(1) The exclusion of a person from equal opportunities or a system which excludes persons from equal opportunity in employment, education, public conveniences, and accommodations because of race, religion, color, sex, familial status, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age;

(2) The refusal to sell or rent after the making of a bona fide offer; the refusal to negotiate for the sale or rental or otherwise making unavailable or denying, or otherwise discriminating against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person’s race, religion, color, sex, familial status, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age;

(3) Advertising for the sale or rental of a dwelling in a manner that indicates any preference, limitation, or discrimination because of race, religion, color, sex, familial status, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age;

(4) Falsely representing that a dwelling is not available for inspection, sale or rental based on race, religion, color, sex, familial status, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age;

(5) Coercion, intimidation, threats, or interference with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise of enjoyment of any right granted or protected by the provisions of this chapter;

(6) Blockbusting based on representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, religion, color, sex, familial status, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age;

(7) Discrimination because of race, religion, color, sex, familial status, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age by persons or entities whose business includes engaging in residential real estate transactions in the making of a loan or the granting of financial assistance for residential real estate, in the selling, brokering or appraisal of residential real estate, or by the denial of access to or participation in a multiple-listing service or other real estate broker organization or services;

(8) The promotion of racial segregation or separation in any manner, including but not limited to, the inducing or attempting to induce for profit any person to sell or rent any dwelling by representations regarding the entry or prospective entry in the neighborhood of a person or persons of a particular race, religion, color, sex, handicap/disability, familial status, national origin or ancestry; or

(9) A violation of state statutes relating to civil rights, age discrimination, fair housing, or employment discrimination against disabled persons unless specifically exempted by this subchapter or state statutes.

“DWELLING” shall mean:

(1) Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one (1) or more families; or

(2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by subdivision (1).

“EDUCATIONAL INSTITUTION” shall mean all public and private schools and training centers except those affiliated with religious institutions, only insofar as they may give preference to members of their religious group in selecting their students.

“EMPLOYEE” shall mean any person employed by another for wages or salary. However, the term does not include any individual employed

(1) By his or her parents, spouse or child; or

(2) In the domestic service of any person.

“EMPLOYER” shall mean the City of Kokomo, or any department thereof, and any person employing six (6) or more employees within the City; the term shall not include:

(1) Any bona fide private membership club (other than a labor organization) which is except from taxation under Section 501(c) of the Internal Revenue Code of 1954;

(2) Any school, educational or charitable institution owned or conducted by or affiliated with a church or religious institution; or,

(3) Any office, board, commission, department division, bureau, committee, fund, agency, and, without limitation by reason of any enumeration herein, any other instrumentality of the State of Indiana, any hospital, any penal institution and any other institutional enterprise and activity of the State of Indiana, wherever located; the universities supported in whole or in part by State funds; and the Judicial Department of the State of Indiana.

“EMPLOYMENT AGENCY” shall mean any person, corporation, partnership, or association undertaking with or without compensation to procure, recruit, refer, or place employees.

“FAMILIAL STATUS” shall mean that the person who is the subject of discrimination is:

(1) Pregnant;

(2) Domiciled with an individual younger than eighteen (18) years of age in regard to whom the person:

(A) Is the parent or legal custodian; or

(B) Has the written permission of the parent or legal custodian for domicile with that person; or

(3) In the process of obtaining legal custody of an individual younger than eighteen (18) years of age.

“GENDER IDENTITY” shall mean an individual having or being perceived as having a gender-related self-identity, self-image, appearance, expression or behavior different from those characteristics traditionally associated with the individual’s assigned sex at birth.

“LABOR ORGANIZATION” shall mean any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms and conditions of employment, or for other mutual aid or protection in relation to employment.

“MARITAL STATUS” shall mean a person’s state of being single, married, separated, divorced, or widowed.

“PROTECTED CLASS” shall mean those characteristics of a person that cannot be targeted for discrimination and include race, religion, color, sex, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, familial status, and age.

“PERSON” shall mean one (1) or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, mutual companies, joint-stock companies, unincorporated organizations, receivers, fiduciaries, and other organized groups of persons.

“PUBLIC ACCOMMODATION” shall mean any establishment, organization, or authority that caters or offers its services or facilities or goods to the general public, including, but not limited to, motels, hotels, theatres, stores, public restaurants, public library services, and public recreational services and facilities.

“RELIGIOUS OR DENOMINATIONAL INSTITUTION” shall mean an institution which is operated, supervised, or controlled by a religious or denominational organization.

“RESPONDENT” shall mean any person against whom a charge is filed.

“SEX” shall mean as it applies to segregation or separation in this section applies to all types of employment, education, public accommodations and housing. However:

(1) It shall not be a discriminatory practice to maintain separate rest rooms;

(2) It shall not be an unlawful employment practice for an employer to hire and employ employees; for an employment agency to classify or refer for employment any individual; for a labor organization to classify its membership or to classify or refer for employment any individual; or for an employer, labor organization, or joint labor management committee controlling apprenticeship or other training or retraining programs to admit or employ any other individual in any program on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and

It shall not be a discriminatory practice for a private or religious educational institution to continue to maintain and enforce a policy of admitting students of one sex only.

“SEXUAL ORIENTATION” shall mean an individual’s actual or perceived identity or practice as a lesbian woman, gay man, bisexual person or heterosexual person.

“TO RENT” shall include to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.

“VETERAN STATUS” shall mean:

(1) A veteran of the armed forces of the United States;

(2) A member of the Indiana National Guard; or

(3) A member of a reserve component.


For provisions concerning the Human Rights Commission, see § 30.53.

§ 33.12 MEMBERS.

(A) Appointment. The Human Rights Commission shall consist of seven (7) members, four of whom shall be appointed by the Mayor and three of whom shall be appointed by the Common Council. The Commissioners shall be broadly representative of the religious, racial, ethnic, economic, educational, and other groups existing within the community.

(B) Term. The term of the initial commissioners will be staggered with four of the commissioners being appointed for three year terms; four for two year terms; and three with a one year term. All subsequent appointments will be for a fixed term of office of three years. No commissioner may be reappointed to the Human Rights Commission until the expiration of one calendar year from the termination date of their previous appointment.

(C) Removal. Members of the Human Rights Commission may be removed by the Mayor with the consent of the Common Council.

(D) Compensation. The members of the Human Rights Commission shall serve without compensation, although they may be reimbursed for out of pocket expenses incurred in the performance of their duties.


In the event of the death, resignation, or removal of any member of the Human Rights Commission, a successor shall be appointed by the Mayor with the advice and consent of the Common Council to serve for the unexpired period of the term for which such member had been appointed. Members of the Commission may be removed by the appointing authority for just cause.

§ 33.14 MEETINGS.

The Human Rights Commission shall hold one (1) regular meeting each month and such special meetings as the chairperson may deem necessary.


A majority vote of all the members of the Human Rights Commission shall be required for there to be any official action by it.

§ 33.16 OFFICERS.

The Human Rights Commission shall elect from its membership once each year a chairman, vice-chairman, and secretary.


(A) The Human Rights Commission shall establish a principal office in the City, but it may meet and exercise any or all of its powers at any other place in any part of the City.

(B) The expenses for carrying on the Human Rights Commission’s activities shall be budgeted for and paid out of the funds in the city treasury and appropriated by the Common Council for such purposes pursuant to the laws of the state.


(A) Purpose

It is the public policy of the City of Kokomo to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through purchase or rental of real property including, but not limited to, housing, and to eliminate segregation or separation based on race, religion, color, sex, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, familial status, and age, since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property including, but not limited to, housing are hereby declared to be civil rights. The exclusion of a person from or failure or refusal to extend to a person equal opportunities because of a protected class status or the promotion of racial segregation in any manner, is hereby declared to be unlawful discriminatory practices and is hereby declared to be illegal.

(B) Prohibited Conduct

(1) No person shall discriminate against any other person in education, employment, access to public conveniences and accommodations based on a protected class status. Such discrimination or denial of equal opportunity shall be an unlawful practice.

(2) Unlawful discriminatory practices shall include, but are not limited to, the following:

(a) Housing.

i. It is an unlawful discriminatory practice for a person to violate fair housing provisions as set forth in the City Fair Housing Code, Chapter 151 of this code of ordinances, adopted by the Common Council on July 25, 1994, or state or federal statutes regulating fair housing practices.

(b) Financial. It is an unlawful discriminatory practice for a financial institution or an individual employed by or acting on behalf of a financial institution as set forth in the city’s Fair Housing Code:

i. To use a form of application for financial assistance or to make or keep a record of inquiry in connection with applications for financial assistance which indicates directly a limitation, specification or discrimination as to a protected class status or, an intent to make such a limitation, specification or discrimination;

ii. To discriminate because of a protected class status against any applicant in the fixing of amount, interest rate, duration or other terms or conditions of a loan or other financial assistance, or to make a lower appraisal evaluation because of a protected class status of any applicant.

(c) Employment. It is discrimination for an employer:

i. To fail or refuse to hire, promote or upgrade, or to discharge any individual, or otherwise to discriminate against any individuals with respect to their compensation, tenure, terms, conditions or privileges of employment, because of such individual’s protected class status;

ii. To limit, segregate or classify their employees in any way which would deprive or tend to deprive any individuals of employment opportunities or otherwise adversely affect their status as an employee, because of such individual’s protected class status;

iii. To publish or cause to be published any notice or advertisement with respect to employment which indicates any specification, limitation, preference or discrimination based on a protected class status; or

iv. To fail to provide reasonable accommodation for an otherwise qualified disabled employee or prospective employee, unless an employer can demonstrate that the accommodation would impose an undue hardship on the conduct of an employer’s business.

(d) Labor organizations. It is discrimination for a labor organization:

i. To exclude or to expel from its membership, or otherwise to discriminate against, any members or applicants for membership because of their protected class status;

ii. To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any individuals, in any way which would deprive or tend to deprive these individuals of employment opportunities or otherwise adversely affect their status as employees or as applicants for employment, because of such individual’s protected class status;

iii. To cause or attempt to cause an employer to discriminate against an individual in violation of this action; or,

iv. To discriminate against any individuals or to limit, segregate or qualify its membership in any way which would tend to deprive such individuals of employment opportunities, or would limit their employment opportunities or otherwise adversely affect their status as employees or as applicants for employment or would affect adversely their wages, hours of employment conditions because of such individual’s protected class status.

(e) Apprenticeship or training. It is an unlawful discriminatory practice for an employer, labor organization or joint labor management committee controlling apprenticeship or apprentice training or retraining, including on-the-job training programs, to discriminate against any individuals because of a protected class status in admission to, or employment in, any program established to provide apprenticeship or other training.

(f) Employment agencies. It is an unlawful discriminatory practice for an employment agency to fail or refuse to classify properly, refer for employment, or otherwise, to discriminate against any individual because of his protected class status, or to conduct business under a name which directly or indirectly expresses any limitation, specification, or discrimination, as to a protected class status.

(g) Public accommodations. It is an unlawful discriminatory practice for any person who is the owner, lessor, proprietor, manager, superintendent or employee of any place of public accommodation, or amusement:

i. To discriminate against any person because of such individual’s protected class status, by refusing, withholding or denying to such person any of the services, accommodations or amusement, in any manner that conflicts with state or federal statutes.

ii. To publish, circulate, issue, display, post or mail, directly or indirectly, any written or printed communication, notice or advertisement to the effect that any of the services, accommodations, advantages, facilities or privileges of any place of public accommodations, or amusement, will be refused, withheld or denied to any person on account of his/her protected class status, or that the patronage of any person of any protected class is unwelcome, objectionable or not acceptable.

(h) Educational institutions. It is an unlawful discriminatory practice for any educational institution to deny admittance to any prospective student or enrollee, or to deny any service offered by such institution to any person, otherwise qualified for such service, on the ground of his/her protected class status.

(i) Other unlawful practices.

i. It is an unlawful discriminatory practice for any person, including but not limited to, any employer, employment agency, labor organization, educational institution, financial institution or any owner or any real estate operator to discharge, expel or penalize any individuals in any manner because they have filed a complaint, assisted or participated in any manner in an investigation, proceeding, or hearing under this subchapter.

iii. It is an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any act declared unlawful by this subchapter;

iv. It is an unlawful discriminatory practice for any person to knowingly obstruct the fair, equal and lawful enforcement of this subchapter by coercing or intimidating any complainant or prospective complainant, or any witness to any act made unlawful herein, or by destroying or altering any records, documents or other evidence relevant to any alleged unlawful discriminatory practice as defined herein, after such person had received actual notice of a discrimination complaint or has been served with notice of a complaint filed.

(C) Exceptions

(1) Protections herein against discriminatory practices with regard to sexual orientation or gender identity shall not apply to decisions of an employer which is a religious society or order, association, organization, institution or related entity or business when such protections affect the definition, advancement of the mission(s), practice(s) or belief(s) of such religious society or order, association, organization, institution or related entity or business charged with the implementation of such decision or decisions, and no requirement of this Article shall compel any person to act in a manner contrary to that which has been granted specific protection by the United States Supreme Court in Boy Scouts of America and Monmouth Council, et al. v. Dale, 530 U.S. 640 (2000).

(2) The protections in this Article against discriminatory practices regarding sexual orientation or gender identity in employment shall not be construed to require that health care plans, insurance, pension, or similar additional benefits provided by employers and benefiting the spouses of employees be extended to non-married domestic partners of any employee.

(3) The denial of housing rights and opportunities based on familiar status as prohibited by this article shall not apply to housing intended for and solely occupied by persons over sixty-two (62) years of age or older or which is designed and operated to assist elderly persons under a federal or state program.

If there are persons living in such housing under age sixty-two (62), this exception applies provided that:

i. All occupants after September 13, 1988 are at least sixty-two (62) years old;

ii. Any unoccupied units are reserved for occupancy by persons at least sixty-two (62) years old; and

iii. Any persons under age sixty-two (62) occupying said housing after September 13, 1988 are employees of the housing and their family members residing in the same unit, and such employees perform substantial duties directly related to the management or maintenance of the housing.

The determination of whether any housing unit falls within the exception created by this section shall be made by the Commission and shall be consistent with any determinations already made by the Secretary of Housing and Urban Development.


The Human Rights Commission shall have the power to:

(A) Formulate and promulgate a mission statement embodying the purposes of the commission, to-wit; promoting diversity and improving quality of life within the City;

(B) Recommend to the Mayor for appointment an executive director, or such personnel as it may deem necessary, and to prescribe their duties.

(C) Adopt, promulgate, amend and rescind such rules and regulations, procedural and substantive, as may be consistent with the provisions of this chapter and state laws. Such rules and regulations shall be adopted in accordance with the provisions of this chapter as it may hereafter be amended.

(D) Formulate policies to effectuate the purposes of this chapter and make recommendations to the City to effectuate such policies. The several departments, commissions, boards, authorities, divisions, and officers of the City may furnish the Commission, upon its request, all records, papers, and information in their possession relating to any matter before the Commission.

(E) Receive and investigate complaints of discriminatory practices. The Commission shall not hold hearings in the absence of a complaint as herein defined. All investigations of complaints shall be conducted by staff members of the Commission.

(F) Issue such publications and such results of investigations and research which in its judgment will tend to minimize or eliminate discrimination because of race, color, religion, sex, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, familial status, marital status, or age.

(G) Prepare and issue a report annually to the Common Council and Mayor, describing in detail the investigation and conciliation proceedings it has conducted and their outcomes, the progress made and any other work performed and achievements towards the elimination of discrimination.

(H) Prevent any person from discharging, expelling or otherwise discriminating against any other person because he filed a complaint or has testified in any hearing before this Commission, or has in any way assisted the Commission in any matter under investigation.

(I) Appoint hearing officers, hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any such person under oath, and require the production for examination of any books and papers relating to any matter under investigation or in question before the Commission. The Commission shall have the exclusive power to subpoena, but it shall consult with the Department of Law

concerning the issuance of a subpoena. The Department of Law may veto the issuance of a subpoena if and only if such an issuance would be an abuse of the Commission’s subpoena power. Abuse of the Commission’s subpoena power shall include, but not be limited to, use of such subpoena power for harassment purposes, issuance of a subpoena for information clearly irrelevant to the investigation being conducted, and issuance of a subpoena for information over an excessively broad span of time. Contumacy or refusal to obey a subpoena issued pursuant to this section shall constitute a contempt. All hearings shall be held within the City of Kokomo at a location determined by the Commission. A citation of contempt may be issued upon application by the Commission to the Circuit or Superior Court, or judge thereof, in the County in which the hearing is held or in which the witness resides or transacts business.

(J) Reduce the terms of conciliation agreed to by the parties in a consent agreement, which the parties and a majority of the Commissioners shall sign and when so signed, the consent agreement shall have the same effect as a final decision of the Commission. If the Commission determines that a party to a consent agreement is not complying with the agreement, the Commission may obtain enforcement of the consent agreement in a circuit or superior court upon showing that the party is subject to the Commission’s jurisdiction.

(K) Institute actions in the Howard County Superior or Circuit Court for appropriate or equitable relief.

(L) Conduct programs and activities to carry out the public policy of the State, as provided in state statutes, within the City’s territorial boundaries;

(M) Develop and perform such activities as will assist the city’s compliance as a Community Development Block Grant grantee and with federal regulations and guidelines to affirmatively further fair housing in the city and keep adequate documentation of such activities;

(N) Subject to the provisions of the Indiana Open Records law, declare materials acquired in the course of an investigation to be confidential and to maintain the confidentiality thereof;

(O) Retain all materials, papers, documents, reports and other records produced in the course of an investigation for at least two years after a complaint has been administratively closed by the Commission, whereupon, subject to the provisions of state law concerning public records, such materials, papers, documents, reports, and other records may be disposed;

(P) Accept contributions, grants, and gifts from sources other than the city to carry on its work generally or for a particular function; and

(Q) Recommend to the Mayor and the Common Council legislation to aid in carrying out the purposes of this subchapter.


(A) No complaint may be accepted by the Commission unless it substantially complies with the following requirements:

(1) The complaint must sufficiently show the full name and address of the complainant; the full name and address of the person, employer, employment agency, labor organization, real estate broker, financial institution or educational institution against whom the complaint is made; the alleged discriminatory practice and a statement of particulars thereof; the date or dates of the alleged discriminatory practice, or, if the alleged discriminatory practice is of a continuing nature, the dates between which said continuing acts of discrimination are alleged to have occurred; and a statement as to any other action, civil or criminal instituted in any other forum based upon the same grievance as is alleged in the complaint, together with a statement as to the status or disposition of such other action.

(2) The original complaint must be signed and verified before a notary public or any other person duly authorized by law to administer oaths and take acknowledgments. Notice of the complaint, including the date, place and circumstances of the alleged unlawful discrimination, shall be served upon the respondent within ten days of the filing of the complaint with the Commission.

(3) No complaint shall be valid unless filed within 90 days from the date of the occurrences of the alleged discriminatory practice.

(B) The Commission shall make a prompt and full investigation of each complaint that is properly filed. The Commission may, by its rules and regulations, authorize such an investigation by an individual commissioner, by any committee or subcommittee of the Commission, by the director of the Commission, or by such staff members of the Commission as may be designated by the Commission.

(C) If a subcommittee composed of three commissioners determines that probable cause exists for the allegations made in the complaint, it shall first attempt to resolve the alleged discriminatory practice by means of conciliation. The subcommittee shall not make public the details of any conciliation and/or consent agreement except when so authorized by the person against whom the complaint was made, or when a party to the conciliation and/or consent agreement has not complied with the agreement. The members of this subcommittee will not later sit as members at any subsequent public hearing in the same case.

(D) If the subcommittee determines, either on the face of the complaint or after investigation, that said complaint should be dismissed, the subcommittee shall dismiss the complaint and notify the parties by mail of its determination and of the complainant’s rights to apply to the Commission for a reconsideration of such dismissal as provided in these rules.

(E) In any case of failure to resolve the alleged discriminatory practice charged in the complaint by means of conciliation or persuasion, the Commission, with at least five (5) members being present, shall hold a public hearing to determine whether or not an unlawful discriminatory practice has been committed. The Commission shall serve upon the respondent a statement of charges made in the complaint and a notice of the time and place of the hearing. The hearing shall be held not less than sixty (60) days after the service of the statement of charges issued by the Commission. The respondent shall have the right to file an answer to the statement of charges within thirty (30) days of receiving it, to appear at the hearing in person or to be represented by an attorney or any other person and to examine and cross-examine witnesses.

(F) Complaints may be amended at any time prior to the hearing provided that no hearing may be held on an amended complaint within 15 days after the filing of such amended complaint and no less than five days after notice of the amended complaint is served on the adverse party therein.

(G) Service may be achieved by any of the means authorized in the Indiana Trial Rules.

(H) If, upon all the evidence presented, the Commission finds that the respondent has not engaged in any unlawful discriminatory practice, it shall state in writing its findings of fact, dismiss the complaint and so notify respondent.

(I) If after all the evidence presented the Commission finds that respondent has engaged in an unlawful discriminatory practice, it shall issue its findings of fact and may cause to be served on the respondent an order requiring such person to cease and desist from the unlawful discriminatory practice and requiring such person to take further affirmative action as will effectuate the purposes of this chapter, including but not limited to the power to restore the complainant’s losses incurred as a result of discriminatory treatment, including the awarding of damages as provided at I.C. 22-9-1-12.1, as the Commission may deem necessary to assure justice. The Commission may require the posting of notice setting forth the public policy of Indiana concerning civil rights and the respondent’s compliance with said policy in places of public accommodations; and it may require proof of compliance to be filed by the respondent at periodic intervals.

(J) If the Commission subsequently determines that the respondent upon whom the order has been served is not complying with such order, or is making no effort to comply with such order, the Commission may certify the noncompliance, or lack of effort, to the Commission Attorney, who may seek and obtain a decree of court for the enforcement of its order in the circuit or superior court, provided that, a failure to comply with a Consent Agreement shall be considered as a failure to comply with a cease and desist order.

(K) Any evidence may be introduced at any hearing on a complaint provided that such evidence is relevant and material to the subject matter of said complaint. The Commission shall rule on all objections to the introduction of any evidence provided that the Commission may by motion or rule designate a member or members to so rule prior to the commencement of any hearing.

(L) A decision of the local Commission may be appealed under the terms of I.C. 4-21.5 the same as if it was a decision of a state agency.


State and federal statutes are to be followed regarding exceptions under handicapped/disabled provisions relating to employment.

§ 33.22 PENALTIES.

In addition to award of actual damages as provided at I.C. 22-9-1-12.1(c)(8), any person who engages in an unlawful discriminatory practice as defined in this subchapter shall, upon conviction of an ordinance violation in any court of competent jurisdiction, shall be subject to fines in an amount not exceeding $2,000. Each day such violation is committed or permitted to continue may constitute a separate offense and may be punishable as such hereunder.


If no proceedings to obtain judicial review are instituted within thirty (30) days from receipt of notice by a respondent that such order has been made by the Commission as above provided, should the Commission determine that the respondent upon whom the cease and desist order has been served is not complying or is not making effort to comply, the Commission may file suit in any court of competent jurisdiction to obtain a decree for the enforcement of such order upon a showing that such respondent is subject to the Commission’s jurisdiction and resides or transacts business within the county in which the petition for enforcement is brought.


The City shall not engage in any of the discriminatory practices set forth in this chapter in any of its departments, divisions, offices or through any of its officials or employees. Every contract to which the City or any of its political or civil subdivisions is a party, including franchises granted to public utilities, shall contain a provision requiring the contractor and his subcontractors not to discriminate against any employee or applicant for employment or promotion, who is to be employed in the performance of such contract with respect to any of the categories of individuals protected by this subchapter. Any such contractor shall obligate himself and his subcontractors to comply with all provisions of this subchapter. Breach of this covenant or provision may be considered a material breach of the contract.


This subchapter does not affect any:

(A) Rights or liabilities accrued;

(B) Penalties incurred;

(C) Offenses committed; or

(D) Proceedings begun before the effective date of this subchapter. Those rights, liabilities, penalties, and proceedings continue and shall be imposed and enforced under repealed or amended ordinances as if this subchapter had not been enacted.

§ 33.26 REFERRAL.

Any person who files a complaint with the Human Rights Commission may not file a complaint with the Indiana Civil Rights Commission concerning any of the matters alleged in the local complaint. Any person who files a complaint with the Indiana Civil Rights Commission may not file a complaint with the Human Rights Commission concerning any of the matters alleged in the state complaint. Any complaint filed with the Human Rights Commission may be transferred by the Commission to the Indiana Civil Rights Commission should that commission have concurrent jurisdiction. The Human Rights Commission may accept referral of cases from the Indiana Civil Rights Commission. Upon referral of a case from the Indiana Civil Rights Commission, the Human Rights Commission shall proceed to process the matter as if it had originally been filed with the Human Rights Commission. Nothing in this section shall affect any person’s right to pursue any and all other rights and remedies available in any other state or federal forum.


The services of all other City departments and agencies shall be made available by their respective heads to the Human Rights Commission at its request and information in the possession of any department or agency, subject to any applicable state or federal confidentiality requirements, shall be furnished to the Commission upon its request. The Commission may make recommendations to such departments and agencies for the effectuation of the purposes of this subchapter.

IN WITNESS WHEREOF, the above-stated Ordinance has been duly adopted this ___ day of ______________, 2016.

PASSED by the Common Council of Kokomo, Indiana by a vote of all members present and voting this ___ day of ___________ 2016.


Robert Hayes, President


Brenda Ott, City Clerk

Presented by me to the Mayor of Kokomo, Indiana, this ___ day of , 2016 at the hour of o’clock P.M.

Brenda Ott, City Clerk

This Ordinance approved and signed by me this ___ day of , 2016 at the hour of ____ o’clock A.M.

Greg Goodnight, Mayor