Human Rights Bureau/Discrimination Complaint/Freedom HouseState of Montana
Department of Labor & Industry
Brian Schweitzer, Governor
}
Employment Relations Division 4; Human Rights Bureau
Katherine Kountz, Bureau Chief
October 18, 2010
Commissioner Wayne Saverud
City of Kalispell
160 Buffalo Stage
Kalispell MT 59901
Subject: Pam Bean obo Montana Fair Housing v Commissioner Wayne Saverud
Case No. 0112014646
Dear Mr. Saverud:
I have enclosed a copy of a complaint of discrimination that has been filed with the Human
Rights Bureau. The charging party has named you as a respondent, or as a person
responsible for certain alleged discriminatory acts. When a complaint of discrimination is
filed, the law requires us to conduct an investigation of the complaint. We do not represent
either party during the investigative process, nor do we presume that a complaint of
discrimination has any merit. I have also enclosed A Guide to the Complaint Process that will
further explain our administrative process. I have also included with this letter a copy of all
documentation that was submitted with the complaint.
Please respond to the complaint in a written answer within ten (10) business days of your
receipt of this notice. The purpose of this initial answer is simply to confirm that you have
been notified of the complaint. For your information, the bureau staff is mandated to
complete an investigation of this case within 120 days. Although you are only required to
admit or deny the allegations, a more thorough explanation of your position may lessen the
need for additional requests for information once this case is assigned to an investigator. It
may also result in a more rapid resolution of the complaint. If you send a detailed response
at this time please include two copies of your response.
In order to expedite the investigation process, please include the following information in
your answer to this complaint:
9. A statement of your position regarding this complaint. Please include a point by point
response to the allegations contained in the formal charge of discrimination. You can
submit any documentation that supports your position. Your statement may be sent to
the charging party for their rebuttal. Please list any privacy concerns you may have.
Phone (406) 444-2884 Fax (406) 444-2798 P.O. Box 1728
TDD (406) 444-9696 "An Equal Opportunity Employer" Helena, MT 59624-1728
10. Please provide the following information regarding your organization.
q. The name, address, telephone number and title of an individual from whom
further information concerning the subject matter of this complaint may be
obtained;
r. The name, address, telephone number and title of the individual who is
authorized to enter into a binding settlement agreement of this complaint,
s. Does the complaint properly identify you as an owner or agent of the property
identified in this complaint? If not, please explain and submit documentation to
support your contention that you are improperly named.
t. Identify all owners of the property in question and any agents involved in the
transaction in question and provide the following information;
1) The total number of housing units owned or operated.
2) The form of your organization (i.e., whether you conduct your business as a
sole proprietorship, partnership, or corporation), and, if you conduct the business
as a partnership, the names of all the partners.
e. If there has been a change of ownership in your organization since the time of the
facts alleged in the complaint, the name(s) of the owner(s) and the form of the
organization at the time of the alleged discriminatory act.
Fast track mediation is an option available to you. Information on the fast track
mediation is enclosed. Mediation is a process in which we will assist the parties to
resolve the complaint informally and without a finding on the merits. The decision to
enter mediation must be mutual.
Please contact Bryher Herak, mediator, at 406-225-4331 or bherak@mt.gov if you are
interested in mediation.
Finally, the following information will be important to you as we proceed with the
administrative process. All parties must preserve all records and documents that may
have any bearing whatsoever on a complaint of discrimination until the final disposition
of the case. The law also prohibits retaliation against anyone who has filed a complaint,
testified, assisted or participated in any manner in a Human Rights Bureau investigation
or proceeding. Retaliation may be defined as any adverse action taken against a person
based on their participation in any of these activities.
Please submit your initial answer to the complaint within ten (10) business days of your
receipt of this letter. If you have any questions, please contact me as soon as possible at
(406) 444-4341 or 1-800-542-0807 ext,14341. Thank you very much for your time and
attention to this matter.
Sincerely,
Kimberly Howell
Data Manager
khowell@mt. gov
Enclosures: - Copy of complaint, A Guide to the Complaint Process
Fast Track Mediation Flyer
BEFORE THE MONTANA HUMAN RIGHTS BUREAU
Department of Labor and Industry
of the STATE OF MONTANA
Montana Fair Housing,
Pamela R. Bean, Executive Director,
Charging Party,
VS
City of Kalispell,
Mayor Tammi Fisher,
Commissioner Robert Hafferman,
Commissioner Karl Gabriel,
Commissioner Jeff Zauner,
Commissioner Wayne Saverud,
Commissioner Jim Atkinson,
Commissioner Randy Kenyon,
Commissioner Tim Kluesner, and
Commissioner M. Duane Larson,
Respondents.
COMPLAINT of HOUSING DISCRIMINATION
Cause No. -,Of l 73i L16q&_
J�
Pam Bean, on behalf of Montana Fair Housing, is the Charging Party in this Complaint, Montana
Fair Housing's mailing address is 519 East Front Street, Butte, MT 59701, Our phone number is
(406) 782-2573.
UM ,
The Respondents in this complaint are:
City of Kalispell
Mayor Tammi Fisher
502 Second Avenue East
Kalispell, MT 59901
Phone, City Hall. (406) 758--7704
Commissioner Robert Hafferman
1337 Third Street West
Kalispell, MT 59901
Phone: (406) 752-1341
Commissioner Karl Gabriel
312 Northridge Drive
Kalispell, MT 59901
Phone, (406) 257-4122
Commissioner 3efi Zauner
37 Glacier Circle
Kalispell, MT 59901
Prone: (406) 250-9584
MFH v City of Kalispell
Page i of s
Commissioner Wayne Saverud
160 Buffalo Stage
Kalispell, MT 59901
Phone: (406) 257-4018
Commissioner Randy Kenyon
P.O, Box 331.2
Kalispell, MT 59901.
Phone: (406) 257-4362
Commissioner M. Duane Larson
1111 Eighth Avenue East
Kalispell, MT 59901
Phone: (406) 755-6376
Freedom House, Inc,
1128 Third Avenue West
Kalispell, MT 59901
Commissioner Jim Atkinson
1237 Fifth Street West
Kalispell, MT 59901
Phone: (406) 756-11102
Commissioner Tim Kluesner
1211 Fifth Avenue East
Kalispell, MT 59901
Phone: (406) 756-5177
On or about: October 4, 2010, and continuing.
The Particulars of the CggjpLaint are.
I. Montana Fair Housing, Inc., (MFH) is a private, not for profit, organization whose mission is
to work toward the eradication of housing discrimination in Montana. To this end, MFH
provides education to housing consumers and providers in Montana, assists with the
investigation of allegations of discrimination, and, when appropriate, the filing of
administrative complaints.
II. On or about April 28, 2010, Montana Fair Housing was contacted by Freedom House, Inc, in
regards to the establishment of a Clean and Sober living environment to be located at 1128
Third Avenue West in Kaisipell, Montana. According to the caller, the City of Kalispell had a
zoning ordinance preventing more than., four unrelated people from residing at a single
rental property. Freedom House intended to provide housing to eight people, including a
house manager,
t_?7_ On or about April 29, 2010, a request for a Reasonable Accommodation was submitted to
Sean Conrad, City of Kalispell Planning Department. The accommodation requested that the
City treat Freedom House as a family, waiving the City's ordinance defining family as "One
or more persons related by blood, marriage, adoption or a group of not more than four (4)
persons excluding servants, not related by blood or marriage, living together as a single
MPH v CI[y of Kalispell
Page 2 of 5
housekeeping unit in a dwelling unit. " The ordinance has since been amended to remove
the definition of family.
IV, On or about May IS, 2010, Charles Harball, City Attorney, Kalispell, responded to the
request for an accommodation. The response indicated the City of Kalispell did not believe a
Request for a Reasonable Accommodation had been made and Freedom House was
required to submit an application for a Conditional Use Permit, The letter indicated that a
formal cease and desist demand, and order of abatement, would be sought in District Court
if Freedom House did not "promptly" submit a Conditional Use Permit, Freedom House
ultimately submitted an application for a Conditional Use Permit (CUP) in .Tune 2010,
V. In July 2010 the City of Kalispell amended the ordinance defining family, removing the
limitation on four unrelated people.
VI. On August 2, 2_010, the City Council for Kalispell attempted to limit the number of people
residing at Freedom House to four unrelated people, despite the revision. of the City's
definition of family. The Council was advised that placing conditions on Freedom House that
the Council would, not place on other households in Kalispell could be deemed
discriminatory. The Council tabled the discussion and final decision on the CUP to allow
further research by the City Attorney.
VII, On August 3, 2010, Montana Fair Housing submitted a letter to the City Council of Kalispell
on behalf of Freedom House urging the Council to reconsider the Request for an
Accommodation. To date, no response has been received,
VIII. The City of Kalispell suggested the House move to an area better suited for its purpose, and
identified housing available in a separate location. The structure was offered to Freedom
House rent free to encourage acceptance of the alternative location.
IX. On September 7, 2010, the City Attorney recommended the CUP be approved with
conditions, suggesting the house at all times have a sober house manager (a condition
Freedom House implemented at opening), removal of signage (which Freedom House had
rinrin 'ram June),
-�ni{ 4i�-�F 'A-n 4-� of 4-1,e :.1ni, r+, G-. ✓ n�i r2d hn re r. r�ri hr. 7-h.-. /��' F' F Pol�.�.
done ii 1 Jul fie), and that r esiuca 16J V1 �I � c louse be 1 equi, lV � Null o t- 1e 1.1 lel of rVIII.C.
The City Attorney was contacted about the potential discriminatory impact of the last
request. The suggestion was rescinded by the City Attorney and the City Council so advised.
The City Council, at their regular meeting on that .same date, again tabled a decision on the
CUP because of Council's concern with the safety of residents in the area, parking issues,
concern that Sober living environments should be licensed and regulated by the State, and
concern that if the CUP was approved Sober living environments would continue to move in
to Kalispell.
X. On October 4, 2010, -at the regular meeting of the City Council, the CUP was again
indefinitely tabled, The Council requested that an opinion be sought from the Attorney
General clarifying the definition of a community residential Facility and the licensing and
regulation of Clean and Sober housing facilities in Montana, The City Council indicated
support for legislative change to address the location of, licensing and regulation of, and
MFH v 01h/ of K71ispe1l
Page 3 of 5
limiting of the number of Clean and Sober housing units in a community, and suggested
that the CUP be tabled until such a time as the legislature has had an opportunity to
address the issue.
XL A "community residential facility," is defined in the Montana Code Annotated in Section 76-
2-41 1(1), as a community group home for developmentally, mentally, or severely disabled
persons that does not provide skilled or intermediate nursing care, Pursuant to Section 76-
2-4 12, MCA, a community residential facility serving eight or fewer persons is a permitted
use in all residential zones, including but not limited to single family residential zones. The
City Council was advised of this definition on more than one occasion.
XII. The policy and practice of the Respondents are to deny equal housing opportunities to
persons with disabilities, including but not limited to, the perpetuation and support of
stereo -types furthering discriminatory attitudes toward persons with disabilities, including
persons recovering from alcohol and/or drug addictions.
XIII. The -actions of the Respondents have a Disparate Impact on persons with Disabilities, and
involve the practice of steering protected class members to alternative housing locations.
XIV. Montana Fair Housing has had to expend time and resources to identify, and to take efforts
to rectify, the Respondents' denial of equal housing opportunities for persons with
disabilities, including persons who are constituents of Montana Fair Housing. Actions of the
Respondents have frustrated the mission and diverted the resources of Montana Fair
Housing.
XU. Montana Fair Housing believes that the Respondents engaged in discriminatory housing
practices on the basis of Disability in violation of the Montana Human Rights Act, Title 49,
Chapter 2, M.C.A. 49-2-305 1(b), 1(d), 1(e), 3, 4(a), 4(b), and 5(b), the Federal Fair
Housing Act as Amended in 1988, 42 USC 3604 (c) and (f)(1) and (0(2) and (f)(3)(B); and
Section 504 of the Rehabilitation Act of 1.973.
XVL Montana Fair Housing believes the Respondents engaged in discriminatory activity in
violation of Section 49-3-204 of the Montana Human Rights Act which states, in part,: (1) A
state or local governmental agency may not grant, deny, or revoke the license or charter of
a person on the grounds of race, color, religion, creed, political ideas, sex, age, marital
status, physical or mental disability, or national origin, Each state or local i aovernrnenai
agencv shall take appropriate action in the exercise of its licen.si..nq or regulatory power as
will assure equal treatment of all persons, eiiminate discrimination, and enforce compliance
with the policy of this chapter.
Xv►l_ Complainant requests that relief be granted as provided under the Montana Human Rights
Act and the Federal Fair Housing Act as (amended in 1988. As the City of Kalispell is a
recipient of Consolidated dock Grant Funds, Complainant also requests relief be granted as
provided under Section 504 of the Rehabilitation Act of 1973.
MPH " City of Kaiispell
Page 4 of 5
Montana Fair Housing will advise the Montana Human Rights Bureau and/or the Department of
Housing and Urban Development if our address changes and will cooperate fully with these
agencies in the processing of a charge in accordance with their procedures.
I swear or affirm that I have read the above complaint and that it is true and correct to the best of
my knowledge, information, and 'belief.
DATED this day of 2010.
am Bean, Executive Director
STATE OF Montana
County of 121.
Jer �u
On Cjr. i -1 )— , 2010, Pam Bean personally appeared before me.
Who is personally known to me
i<- Whose identity I proved on the basis of 07 In --
Whose identity I proved on the oath/affirmation of
a credible witness,
to be the signer of the above document, and she/he acknowledged that she/he signed it.
otary Public for the State of Montana
Residing at:
My Commission Expires: ,� I�ne o I , 9,0 10
MF'N v City of Kalispell
page j of i