Memorandum in Support of Motion for Protective Order Limiting the Scope of Oral Examination; Affidavit of Service

     [||cf570f63-a308-4aa4-a07d-f82cae2113e5||] IN THE 

  

UNITED STATES DISTRICT COURT FILEp 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION Al 

BERNICE. TERRY, et al., 

Plaintiffs 

¥S. No. H 76-373 

METHODIST HOSPITAL OF GARY, INC., 
et al., 

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Defendants 

RICHARD GORDON HATCHER, et al., 

Plaintiffs 

Vs. No. H 77-154 

METHODIST HOSPITAL OF GARY, INC., 

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Defendants 

MEMORANDUM IN SUPPORT OF MOTION FOR PROTECTIVE ORDER 
LIMITING THE SCOPE OF ORAL EXAMINATION 
  

  

The Gary Human Relations Commission was created pursuant to 

Gary Civil Rights Ordinance #4458, see attached "Exhibit A, " and 

section 7 (C) .of the Ordinance states that: 

[If the Commission determines after investigation 
that probable cause exists for the allegations 
made in the complaint, it shall first attempt to 
eliminate the discriminatory practice by means of 
comciliation. THe Commission shall not make public 
the details of any conciliation and/or consent agree- 
ment except when so authorized by the person against 
whom the complaint was made or when a party to the 
conciliation and/or cnsent agreement has not complied 
with the agreement. 

Metro Corps of Gary, Inc. Case No. TCH5-0709 after being in- 

formed of the defendants Civil Subpoena dated February 2, 1978, 

have not authorized the release of the documents in the file, see 

attached "Exhibit B" of documents. It would be against the public 

interest to require the disclosure of a file that is currently in 

the process of conciliation, as part of the inducement to conciliate 

is the fact that the discussions and the file will be confidential 

and will not be made public unless so authorized by the party against 

whom the complaint has been filed. To require such a disclosure 

against the wishes of the party being charged will have an adverse 

 



  

effect of all future and pending cases that are now or may be in 

the process of conciliation. 

It would be against the public interest to disclose or to 

produce the documents requested by the defendant in its Civil Sub- 

poena dated February 2, 1978, as it may substantially reduce con- 

ciliation efforts if the contents of such conciliation are made 

public over the objections of the party being charged with discri- 

minatory practices. Where disclosure of information is against the 

public interest such information should not be disclosed. Reynolds 

vs. United States (1951) CA 3rd 192 F2d 987. 

Therfore, the Gary Human Relations Commission on the basis of 

the above authorities and for the grounds set forth above would 

like a motion for a protective order concerning the productions of 

documents for Metro Corps of Gary, Inc. 

Respectfully Submitted, 

William R. Norman 
Attorney at Law 
Gary Human Relations Commission 

Enclosure 
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o eee . Ordinance. #4458 

  

AN ORDINANCE CREATING A HUMAN RELATIONS © COMMISSION AND EXTENDING TO ALL OF THE RESIDENTS OF THE CITY OF GARY EQUAL OPPORTUNITY FOR EDUCATION, EMPLOYMENT, ACCESS TO PUBLIC ACCOMODATIONS AND CONVENIENCES, AND ACQUISITION THROUGH PURCHASE OR RENTAL OF REAL PROPERTY 

SECTION 1. GARY CIVIL RIGHTS ORDINANCE - TITLE. - this ordinance shall be known and may be cited and re- ferred to as the "Gary Civil Rights Ordinance. 

  

  

equal opportunity. The promotion of equal opportunity without regard to race, creed, color, national origin, ancestry or sex is the purpose of this act. It is also the public policy of this ¢ity to protect employers, labor organizations, employment agencies, property owners, real estate brokers, builders and lending institutions from unfounded charges of discrimination. ; 
Equal educational and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property, to the extent that remedies for the prevention. of their denial are herein provided, are hereby declared to be ¢ivil rights. The practice of denying these rights to persons by reason 

> SELTION 3. DEFINITIONS. - For the purpose of this ordinance,’ the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the plural number. The word "shall" is always mandatory 

  

bankruptcy, receivers, and other organized groups of persons. B The term “Commission® means the Human Relations Commission of the City of Gary, Indiana, hereinafter created. : Ey The term "Commissioner means any duly appointed member of the Human Relations Commission. : (0) The term "Directopr® means the Director of the Human Relations Commission. 4 
| (E) The term "Deputy Director” means a deputy director of the Human Relations Commission. 

(F) The term "Employer" includes the state, or any political or Civil subdivision thereof, and any person employing six (86) Or more persons within the state except that the term "employer" does not include any not for profit corporation gr association organized for fraternal or religious purposes, nor any school, educational or charitable religious institution owned or conducted by or affiliated eh & church or religious instituti om, nor any exclusively social club. 

  

  

  

  

  

(G) The term "Employee™ shall not include any individual   employed by his parents, spouse, or child, or in the domestic service of any persen. : ie 

 



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(H) The term "Labor Organization" includes any organiza- 
tion which exists for the purpose, in whole or in part, for collec- 
tive bargaining or for dealing with employers concerning grievances, 
terms or conditions of employment, or for other mutual aid or pro- tection in relation to employment. : | 

- {I) The term "Employment Adency® includes any person 
undertaking with or without compensation to procure, recruit, refer or place employees. 

(J) The term "Public Accommodation™ means any establish- 
ment which caters or offers its services or facilities or goods 
to the general public. 

(K) The term "Educational Institution" means any public 
or private school or training centers except those affiliated with 
religious institutions which may give preference to members of their 

. religious group in selecting its students. J 
iL) The term "Owner" means any person having the right 

of ownership or possession or the right to sell, rent or lease any 
housing unit, including but not limited to a lessee, sublessee, 
assignee or managing agent. ‘ 

(M) “Real Estate Operator®™ means any individual or combi- 
nation of individuals, labor unions, joint apprenticeship committee, 
partnerships, associations, corporations, legal representatives, mutual companies, trusts, unincorporated organizations, trustees in bank- 
ruptcy, receivers, or other legal or commercial entity, or any govern- mental agency, branch, or subdivision thereof, that is engaged in the 
business of selling, purchasing, exchanging, renting, or leasing real 
estate, or the improvements thereon, including options, or that 
derives income, in whole or in part, from the sale, purchase, exchange, rental or lease of real estate; or an individual employed by or acting an behalf of any of these. 

(N) "Financial Institution” means banks, banking organiza- 
tions, mortgage company, insurance company, or other lender to whom 
application is made for financial assistance for the purchase, lease acquisition, construction, rehabilitation, repair, maintenance, or 
improvement of real property, or an individual employed by or acting 
on behalf of any of these. : : 

(0) The term "Complainant" means any individual charging en his own behalf to have been personally aggrieved by an unlawful discriminatory practice, or the director, deputy director, charging that an unlawful discriminatory practice was committed against a person .or class of persons other than himself. : : . 5) The term "Complaint" means any written grievance filed by a complainant pursuant to the provisions of this ordinance. 

SECTION 4. COMMISSION -- CREATION -- MEMBERSHIP. 
(A) Inere is hereby established in the City of Gary a 

Commission on Human Relations to carry out the provisions of this 
ordinance. The Commission shall consist of fifteen (15) members. 
All members of the Human Relations Commission shall be appointed by the Mayor, subject to the advice and consent of the Common Council. 

(B) All Commissioners appointed under the authority of 
Ordinance 4050 and whose terms have not expired by the effective date of this ordinance, shall continue to serve for the term of their 
appointment. Thereafter the term of service shall be four (4) years. Each member of the Commission shall continue to serve after his term until his successor is appointed. 

(C) Upon the death or resignation of any member, a succe- ssor shall be appointed by the Mayor, subject to the advice and 
consent of the Common Council, to serve for the unexpired term of 
the member. 

(D) The members of the Commission shall serve without 
compensation but they may be reimbursed, for all expenses, 
necessarily incurred in the performance of their duties in accordance with appropriations made by the Common Council]. 

(E) Any member who is absent 4 gut of any 8 successive regular meetings shall be removed from the Commission by a majority vote of the entire Commission. 

   
  

  

  

  

  

  

  

  

  

 



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SECTION 5. COMMISSION -- POWERS AND DUTIES. (A) The Commission shall elect one of its members as Chairman and may elect such other officers as it may deem necessary. The Commission shall meet at least once each month and may hold special meeting as the Chairman deems necessary. Eight (8) members of the Commission shall constitute a8 quorum for the transaction of Business. No official action shall be taken by the Commission except by an affirmative vote of an absolute majority of a quorum of members of said Commission; provided that a majority of the entire Commission shall be required for a finding of violation of this ordinance. 
(8) The Commission shall appoint a Director, Deputy ‘Directors, and such other personnel as may be authorized by the Common Council to assist the Commission in carrying out provisions of this - ordinance. 

  

  

(C) To create subcommittees and advisory committees as in its judgment will aid in effectuating the purpose of this ordinance. 
(D) To gather and distribute information intended ‘to improve human relations and achieve equal opportunity. 
(E) To reduce tensions and prevent violence caused by breakdowns in relations between persons of various racial, ethnic and religious groups. 
(F). To make studies appropriate to effectuate the purposes and policies of this chapter and to make the results thereof available to the public. 
{8) To discourage any person: from engaging in discrimina- tory practices by informal methods of persuasion and conciliation, to induce compliance with this act. So, : (H) To prevent any person from discharging, expelling or Otherwise discriminating against any person because he filed a complaint or testified in any hearing before this Commission, or in any way assisted the Commission in any matter under its investigation. (I) To investigate, concilifate and hear complaints, 

orders requiring remedial action. The Commission shall have the power to institute actions for appropriate legal or equitable relief in a Circuit or Superior Court to obtain enforcement of any Commission order or subpoena. All Subpoenas and orders emanating from the Commission 
applicable to service in Civil actions. Provided that no Commissioner shall take part in a hearing on a complaint in which said commissioner 

(K) If, upon all the evidence, the Commission shall find that a person has not engaged in any such unlawful practice or vielation of this act, the Commission shall stats its findings of facts and shall issue and cause to be served on the complainant an order dismissing the said complaint to such person. (L) To reduce the terms of conciliation agreed to by the parties to a writing to be called a Consent Agreement which the parties and a majority of the Commissioners shall sign. Nhen so signed the Consent Agreement shall have the same effect as a Cease and Desist 

or transacts business within the City of Gary. (M) To render from time to time, but not less than once a year, a written report of its activities and recommendations with : Pipes: to discriminatory practices to the Mayor and the Common council. 

 



   
aE SUNY To WEL SL Sa amend and rescind such rules and regulations as may be necessary to carry out the purposes and provisions of this ordinance, subject to the limitations specifi- cally set forth herein, as the Commission may deem necessary. 

; SECTION 6. UNLAWFUL DISCRIMINATORY PRACTICES. 
The exclusion of a person from or failure aor refusal to extend to a person equal opportunities because of race, color, sex, national origin, or ancestry; or the promotion of racial segregation in any manner, are hereby declared to be unlawful discriminatory practices and are hereby declared to be illegal. Unlawful discriminatory Practices shall include, but not limited to the following: 

: (A) Unlawful Housing Practices. It is an unlawful discriminatory practice for a rea) esta operator, or an individual "employed by or acting on behalf of any real estate operator: 
(1) to refuse to sell, exchange, rent or lease or other- wise deny to or withhold real property from an individual because of his race, color, religion, sex or national origin; : 

: (2) to discriminate against an individual because of his race, color, sex, religion, or national origin in the terms, conditions, or privileges of the sale, exchange, rental or lease of real property or in the furnishing of facilities or services in connection therewith; (3) To refuse to receive or transmit a bona fide offer to purchase, rent. or lease real property from an individual because of his race, color, religion, sex or national origin. 
(4) To refuse to negotiate for the sale, rental or lease of real property to an individual because of nis race, color, religion, sex, national origin; : 
(5) To represent to an individual that rea] property is not available for inspection, sale, rental, or léase when in fact it is so available, or to refuse topermit an individual to inspect real property because of his race, color, religion, sex or national origin; (6) To print, circulate, post or mail or cause to be printed, circulated, posted or mailed an advertisement cr sign, or to use a form of application for the purchase, rental or lease of real property, or to make a record of inquiry in connection witk the pros- pective purchase, rental or lease of real property, which {ndicates directly or indirectly, a Timitation, specification, or discrimination as to race, color, religion or national origin or an intent to make such a limitation specification, or discrimination; - : (7) To offer, solicit, accept, use or retain a listing of real property for sale, rental or lease with the understanding that an individual may be discriminated against in the sale, rental or lease of the real property or in the furnishing of facilities or services in connection therewith because of his race, color, religion, national origin; or ; 

  

  

(8) To otherwise deny to or withhold real property from an individual because of his race, color, religion, or national origin. We | (B) Unlawful Financial Practices. It is an unlawful discriminatory practice for a financial institution or an individual employed by or acting on behalf of a financial institution: 
(1) To discriminate against an individual because of the race, color, religion, or national origin of the individual or the Prospective owner, tenant or occupant of the real property or of a member, stockholder, director, officer, employee, or represen- tative of any of these, in the granting, withholding, extending, modifying or renewing, the rates, terms, conditions, privileges, or other provisions of financial assistance or in the extension of services in connection therewith; or ; (2) To use a form of application for financial assistance or: to make or keep a record or inquiry .in connection with applica- tions for financial assistance which indicate directly or indirectly, a limitation, specification, or discrimination as to race, color, reili- gion, or national origin or an intent to make such a limitation, specification, or discrimination. 

(C) Block Busting. It is an unlawful discriminatory practice for a real estate operator, -a real estate broker, a real estate salesman, a financial institution, an employee of any cof these, or any other person, for the purpose of inducing a real estate transaction form which he may benafit financially: 

  

  

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+all) 78 raed that a change has occurred or will or 
‘may occur in the composition. with respect to race, color, religion 
or national origin of the owners or occupants in the block, 
neighborhood, or area in which the real property is located: or 

(2) To represent that this change will or may result 
in the lowering of property values, an increase in criminal or 
anti-social behavior, or a decline in the quality of schools in 
the block, neighborhood, or area in which the real property is 
located. 

-(D) Employers Discrimination. It is an unlawful 
discriminatory practice for an employer: 

(1) To fail or refuse to hire, or to discharge an 
individual, or otherwise to discriminate against an individual 
with respect to his compensation, terms, conditions, or privileges 

  

.. of employment, because of such individual's race, color, religion, 

  

or nati mal origin; or 
(2) To limit, segregate, or classify his employees in 

any way which would deprive or tend to deprive an individual of 
employment opportunities or otherwise adversely affect his status as 
an employee, because of such individual's race, color, religion, or 
national origin; 

(33 To refuse to hire or otherwise discriminate with 
respect to hire, tenure, terms,conditions or privileges of 
employment because of the sex of an individual or the age of any 
individual. - 

(E) Labor Organization, Discrimination. It is an unlaw- 
ful discriminatory practice ror a labor organization: 

(1) To exclude or to expell from its membership, or other- 
wise to discriminate against, a member or applicant for membership 
because of his rase, color, religiom, or national origin; 

(2) To limit, segregate, or classify its membership, or 
to classify or fail or refuse to refér for employment an individual, 
in any way which would deprive or tend to deprive an individual of 
employment opportunities, or would limit such employment opportunities 
or otherwise adversely affect his status as an employee or as an 
applicant for employment, because of such individual's raca, color, 
religion, or national origin; : 

(3) To cause or attempt to cause an employer to discrimi- 
nate against an individual in violation of this section. | 

(4) To discriminate against any individual or to limit, 
. segregate or qualify its membership in any way which would tend to 
deprive such individual of employment opportunities, or would limit 
his employment opportunities or otherwise adversely affect his status 
as an ‘employee or as an applicant for employment or would affect 
adversely his wages, hours or employment conditions because of such 
individual's age or sex. ; 

(F) Apprenticeship or Training, Discrimination. It is 
an unlawful discriminatory practice tor a employer, labor organizatian,: 
or joint labor management committee controlling apprenticeship or other 
training or retraining, including on-the-job training programs to 
discriminate against an individual because of his race, color, religion, 
or national origin in admission to or employment in any program 
established to provide apprenticeship or other training. 

(6) Employment Agencies, Discrimination. I: is an unlawtul 
discriminatory practice tor an employment agency: 
; (1) To fail or refuse to refer for employment, or otherwise 
to discriminate against, an individual because of his raca, color, 
religion, or national origin. | 

(2) To fail or refuse to classify properly, refer for 
employment or otherwise to discriminate against any individual because 
of his age, or sex, or to conduct business under a name which directly 
or indirectly expresses or connotes any limitation, specification or 
discrimination as to age, or sex, except that any presently operating 
agency bearing a name which directly or indirectly expresses or 
connotes any such limitation, specification or discrimination as to 
age or sex. 

(H) Unlawful Recruiting, Advertising and Hiring Practices. 
Except as permitted by paragraph G (2) of ,this section, iC shal] be 
unlawful for any employer, employment agency .or laber organization 
prior to employment or admission to membership to: 

  

  

  

   



   
wows o(1) Print or publish oF cause to be printed or published 
any notice or advertisement relating to employment or membership 
indicating any preference limitation, specification or discrimination, 
based upon age or sex; : 

(23 Establish, announce or follow a policy of denying or 
limiting, through a quota system or otherwise, employment or member- 
ship opportunities of any group because of the ages or sex of members 
of such group; and : 

(3) Utilize in the recruitment or hiring of individuals 
any employment agency, placement service, training school or center, 
labor organization or any other employee referring source known by 
such person to discriminate against individuals because of their 
ages Or sex. 

(I) Public Accommodations. It is an unlawful discriminatory 
practice for a person to deny an individual the full and equal 
enjoyment of the goods, services, facilities, privileges, advantages, 
and accommodations of a place of public accommodation, resort or 
amusement, on the ground of race, color, religion, or national origin. 

(J) Educational Institutions. It is an unlawful discrimi- 
. nataory practice for any educational institution to denv admittance to 
dny 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 race, color, religion or national origin. 

(K) . Nothing contained in this section shall be construed 
to prevent the termination of the employment of any person who is 
unable to perform satisfactorily his duties, or to affect the retire- 
ment policy or system of any employer where such policy or system is 
not merely a subterfuge to evade the purpose of this section unless 
such policy or system, if established on or after (July 1, 1965), is 
provided for a mandatory retirement age of less than 65; nor shall 
anything in this section be deemed to preclude the varying of insurance 
coverages according to an employee®s age. 

(L) 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 real 
estate operator to discharge, expell, or penalize any individual in 
any manner because he has filed a complaint, assisted, or participated 
in any manner in an investigation, proceeding, or hearing under this 
ordinance. a : 

. SECTION 7. PROCEDURE - ENFORCEMENT. . 
(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 the address of the 
person, employer, employment agency, labor oraanization, real estate 
operator, 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 and 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 form based upon the same grievance as is alteged 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 caths and take acknowledgements. 

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

  

  

(B) The Commission shall make a prompt and full investiga- tion 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. : (C) If the Commission determines after investigation that 
probable cause exists for the allegations made im the complaint, it 
shall first attempt to eliminate the discriminatory practice by means 
of conciliation. The Commission. 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 mad= or when a party to the conciliation and/or consent agreement has not complied with the 
agreement. : 

 



   
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5 - 4D). In os of failure to eliminate the discriminatory - . practice charged in the complaint by means of conciliation or 
persuasion, the Commission shall hold a public hearing to determine whether or not an unlawful discriminatory practice has been committed. The Commission shall serve upon the person charged with having been engaged in or engaging in the unlawful discriminatory practice, 
hereinafter referred to as the respondent, a statement of the charges "made in the complaint and a notice of the time and place of the hearing. The hearing shall be held not less than fifteen (15) days after the service of the statement of charges. The respondent shall have the right to file an answer to the statement of charges, 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. 

(E) If upon all the evidence presented, the Commission 
finds that the respondent has not engaged in any unlawful discrimi- 
Ratory practice, it shall state its findings of fact and dismiss the 
complaint. 

(F) If upon all the evidence presented the Commission finds that respondent has engaged in an unlawful discriminatory practice, it may cuase to be served on such person or order requiring such person 
to take such further affirmative action as will effectuate the purposes of this ordinance. If the Commission subsequently determines that the person upon whom the cease and desist order has teen served is not 
complying with such order. or is making no effort to comply with such order, the Commission may seek and obtain a decree of court for the enforcement of {ts 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. 

ii (G) If it appears from the facts alleged in a properly 
filed complaint that there is a great probability of immediate and 
irreparable damage to. the complainant as a result of the alleged 
discriminatory act, the director or i deputy director may immediately investigate such complaint, and if upon the completion of such 
investigation, it appears that: 

(1) The facts allege a discriminatory practice that is 
the proper abject of a hearing by the Commission, and: 

42 The facts as alleged in the complaint are true, and: 
3 There is a great probability of immediate and irrepa- rable harm to the complainant, the Commission Chairman may authorize 

the institution of appropriate Tegal or equitable proceedings, in order to obtain immediate injuctive relief to protect and preserve the rights of the complainant, pending a final hearing before the Commission. The Commission chairman shall also call a special meeting of the Commission to hear the complaint. All notice requirements heretofore prescribed, shall also apply to any hearings held pursuant to this section. 
(h) Complaints may be amended at any time prior to hearing, provided that no hearing may be held - on an amended complaint within 

(15) days after the filing of such amended complaint and notice to the - adverse party thereto. 
(I Any evidence may be introduced an 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 be motion or rule designate a member or members to sc rule prior to the commencement of any hearing. 
SECTION 8. PENALTIES. Any person who engages in an unlawful discriminatory practice as defined in this ordinance, lst offender be given a warning, 2nd offenders shall be deemed guilty of a misdemeanor and upon conviction there of shall be fined in an amount not exceeding Three Hundred dollars ($300) or be imprisoned in the 

Gary City jail for a period not exceeding one-hundred eighty days (180) or be both so fined and imprisoned. Each day such violation 
is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. 

  

 



   
: SECTION 9. 0.0 SUITS. This ordinance shall not 
be construed or held ‘to repeal a former ordinance whether such 
former ordinance is expressly repealed or not, as to any offense 
committed against such former ordinance or as to any act done, any 
penalty forfeiture or punishment so incurred or any right accrued 
or claim arising before the new ordinance takes effect, save 
only that the proceedings thereafter shall conform to the ordinance 
in force at the time of such proceeding, so far as practicable. 
If any penalty, forfeiture or punishment be mitigated by any 
provision of a new ordinance, such provision may be, by the con- 
sent of the part affected, applied to any judgment announced 
after the new ordinance takes effect- 

Nothing contained in this or the preceeding section 
shall be construed as abating any action now pending under or by 
virtue of any general ordinance of the city herein repealed; or 
as discontinuing, abating, modifying or altering any penalty 
accrued or to accrue, or as affecting the liability of any person 
firm or corporation, or as waiving any right of the city under any 
ordinance or provision thereof in force at the time of passage 
of this ordinance. 

SECTION 10. SEVERABILITY. Each section and each 
provision or requirement of any section of this ordinance shall be 
considered separable, and the invalidity of any portion of this 
ordinance shall not affect the Validity or enforcibility of any 
other portion. Be : 

SECTION 11 . REPEAL. All ordinances in conflict, here- 
with, are hereby repealed, and specifically ordinance No. 4050 is 
hereby repealed. ; 

SECTION 12. EFFECTIVE DATE. The effective dates of 
this ordinance shall be immediately upon its passage and publi- 
cation according to law. 3 oe 

  

  

  

  

ADOPTED by the Common Council of the City of Gary, Indiana, this 
7th day of April s 15°70 . 
  

  

  

/S/ WILLIAM P. MC CALLISTER 
PRESIDING OFFICER 

  

ATTEST: ° 

/S/ BETTY MALINKA 
CITY CLERK 

Presented by me to the Mayor for his approval and signature, this 
10th day of ~~ April ys 13 70. 

/S/ BETTY MALINKA 

  
  

  

  
  

APPROVED AND SIGNED by me this 17th day of April, 
13: 70 . i 
  

/S/ RICHARD GORDON HATCHER 
  

MAYQR CITY QF GARY, INDIANA 
§ 

Co-Sponsored by 
offices of: : 
Human Relations Commission 
Law Department 

 



    

  

  

UNITED STATES OF AMERICA 

ertifirate 
STATE OF INDIANA, COUNTY OF LAKE, ss: 

I, CLAUDIA NAVA-McCAIN, Clerk of the City of Gary, Lake County, Indiana, 

hereby certify that the attached and foregoing is a full, true, complete and correct copy 

of ORDINANCE NO, 4458. 

the original of which is now on file in the office of the Clerk of the City of Gary, 

Lake County, Indiana. 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal 

of the City of Gary, Lake County, Indiana, this __11th day of April , 19_78, 

CLAUDIA NAVA-McCAIN 

Clerk of the City of Gary, 

Lake County, Indiana            



  

1100 MASSACHUSETTS STREET 

OFFICERS: 

DORIS REED 

President 

BERNICE TERRY 

1st Vice President 

JUANITA HARRIS 

2nd Vice President 

FRED CHANDLER 

Treasurer 

VIOLA MITCHELL 
Secretary 

REBECCA BAKER 

. Asst. Secretary 

. 
» 

~= wan, METRO CORPS of GARY, INC. 

    

GARY, INDIANA 46407 TELEPHONE 219 886-3155 

GEORGE A. WILKES, JR. 

Executive Director 

RECD FEB 2 11978 

February 17, 1978 

Mr. Stephen R. Tallackson, 

Executive Director 
Human Relations Commission : N 
401 Broadway WT op 

Gary, Indiana 46402 

Dear Mr. Tallackson: 

Pursuant to our conversation today regarding the 
possible public disclosure of the complaint of 
Ileen Summers V. Metro Corps, be advised that Metro 
Corps would not agree to the disclosure of this 
information. We have worked diligently to effect a 
conciliation of this matter and feel that premature a 

airing of the status of this situation would: 

1) Possibly be in violation of the Right of 

Privacy Act. 

2) Impede the expeditious conciliation of this 
complaint. 

Metro Corps has been assured from the beginning of 
this complaint that the Gary Human Relations Commission's 

procedure for processing complaints provides privacy of 

the subject matter involved in the complaint prior to. 

a public hearing, if required. We respectfully request 

that the Gary Human Relations Commission act to insure 
the continued privacy of this matter. 

incerely, 

eye i btn fs 
George A. Wilkes, 
Executive Director 

JT. 

GAW: 1s 

‘ 

EAA, y  i18 

A NON-PROFIT AGENCY COOPERATING WITH FEDERAL, LOCAL AND STATE AGENCIES 

IN THE ATTACK ON POVERTY IN THE CITY OF GARY 

 



  

IN THE 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, et al., ) 
) 

Plaintiffs ) 

) 
VS. ) No. H 76-373 

) 
METHODIST HOSPITAL OF GARY, INC.,) 

et al., ) 
) 

Defendants ) 

RICHARD GORDON HATCHER, et al., 

Plaintiffs 

VS. No. H 77-154 

METHODIST HOSPITAL OF GARY, INC,, 

et al., 

Defendants 

AFFIDAVIT OF SERVICE 
  

William R. Norman, first being duly sworn upon his oath, 
alleges and says: 

1. That he is the attorney for the Gary Human Relations 
Commission. 

2. That on the 12th day of April, 1978, he served a copy 
of the following, to-wit: 

Memorandum In Support Of Motion For Protective 
Order Limiting The Scope Of Oral Examination 

upon the following named attorneys of record in this matter, 
to-wit: 

Julian B. Allen 
Attorney at Law 
2009 Broadway 
Gary, Indiana 

Edward J. Hussey 
Attorney at Law 
5525 Broadway 
Gary, Indiana 

Beth J. Lief 

Attorney at Law 
Suite 2030 

. 10 Columbus Circle 
New York, New York 10019 

 



  

AFFIDAVIT OF SERVE 1 

  

Rebecca L. Ross, Esq. 
Department of Justice 
10th and Pennsylvania Avenue, N.W. 
Washington, D. C. 

Fred W. Grady 

Assistant United States Attorney 
United States District Court 
Northern District of Indiana 
Federal Building, 507 State Street 
Hammond, Indiana 46325 

Marvin G. Garvin and Edward L. Koven 
Regional Attorney and General Attorney 
Department of Health, Education and Welfare 
300 South Wacker Drive, 18th Floor 
Chicago, Illinois 

Marilyn G. Rose 
Christine B. Hickman 
1751 N Street, N.W. 
Washington, D. D. 20036 

Theodore Sendak 
Attorney General 

State House 
Indianapolis, Indiana 46320 

by depositing same in the United States Mail, by certified 
mail, return receipt requested, and addressed to each of 
the above-named individuals. 

3. Further affiant sayeth not. 

J AC smn SE Con satrap 

William R. Norman 
  

Subscribed and sworn to before me, a Notary Public, 
this 12th day of April, 1978. 

2 2 a , 
pF 7 / } 

(Z/, 2p lotntr Sle 7 rl nd 
  

Claudia Nichols 

My Commission Expires: 

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