HomeMy WebLinkAbout1977-04-19 Ordinance,. •
ORDINANCE NO. 77-2830
AN ORDINNICE DEFINING AND PROHIBITING CERMIN DISCRL7-
INAMRY PRACTICES IN D -IP OYMV, HOUSING, PUBLIC ACCONII-10-
DATIONS , AND CRIDIT TRANSACTIONS, ESTABLISHING A IIIA'!AN
RIGITS COMMISSION, PROVIDING PROCEDURES FOR IN=- IGA-
TION ANI) CONCILIATION OF CDIPLAINTS, PROVIDING FOR
PUBLIC FIEARINGS IN CONTESTED CASES, AND FUFMIER PMVIDITG
RAI JUD=CIAL REVIEW OF ORDERS OF THE COMMISSION.
BE IT OMAINED BY 'BE COUNCIL OF TILE CITY OF IONA CITY, IOWA.
SECTION I. ADOPTION. There is hereby adopted for the City of Iowa City,
Iv::a, the following provisions, numbered 10.2.1 through 10.2.19, inclusive,
relating to certain discriminatory practices and tlieir abatement.
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CHAPTER 10.2
HLAIAN RIGHTS MWISSION
10.2.1 Declaration of purpose
10. 2.2 Powers of the Commission
10.2.3 Definitions
10.2.4 Discriminatory Practice - Ikployment
10,2.5 Discriminatory Practice - Housing Transactions
10.2.6 Discriminatory Practice - Public Accanudations or Services
10.2.7 Discriminatory Practice - Credit Transactions
10.2.8 Discriminatory Practice - Aiding or Abetting
10.2.9 Discriminatory practice - Retaliations or Repraisals
10.2.10 Report of Discriminatory Practices
10.2.1.1 Investigation of Complaints
10.2.12 Results of Investigation - Action to be taken
10.2.13 Conciliation
10.2.14 Proceedings upon Failure to Conciliate
10.2.15 Notice and Hearing
10,2.16 Findings and Order
10.2.17 Judicial Review - Enforcement
10.2.18 Duman Rights Commission - Structure
10.2.18 Public Records
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Chapter 10.2
HUMAN RIQiTS 001L1iISSI0,q
10.2.1 Declarations of Purpose
It is the purpose of this ordinance to protect citizens of Iona City against
discrimination as defined in this ordinance. To achieve that end, this ordinance
establishes the Iowa City Human Rights Commission whose duty it shall be to dis-
seminate information and provide the mediation, conciliation and enforcement
necessary to further the goals of this ordinance and to protect citizens frun
unfounded charges of discriminatory practices. Moreover, this ordinance provides
for execution within the City of Irnva City of the policies of the Civil Rights Act
of 1964 and the Federal Civil Rights Acts and the prowtion of cooperation between
the City of Iowa City and the State and Federal agencies enforcing these acts.
10.2.2
Pavers of the Conmission
A. 110 receive, investigate, and resolve complaints of discrimination or complaints
alleging discriminatory practices, as provided in this ordinance.
B. To investigate and study the existence, character, causes, and extent of
discrimination in the areas covered by this ordinance and eliminate discrim-
ination by education, conciliation, and enforcement where necessary.
C. 4b issue publications and reports of the research and investigations of the
Commission subject to the limitations of confidentiality.
D. To prepare and transmit to the City Council from time to time, but not less
often than once each year, reports describing its proceedings, investigations,
hearings conducted and the outcone thereof, decisions rendered, and the other
work perforned by the cornission.
E. 110 make recommendations to the City Council for such further legislation
concerning discrimination as it may deem necessary and desirahlp
F. 710 cooperate, within the limits of any appropriations made for Its operation,
with other agencies or organizations, both public and private, whose purposes
are not inconsistent with those of this ordinance, and in the planning and
conducting of programs designed to eliminate racial, religious, cultural and
other intergroup tensions.
G. 1b adopt guidelines by which to determine whether any conduct, behavior, or
action may properly be deemed a discriminatory practice.
H. 9b make recormendations to the City Manar and City Council regarding the
rooirr' t:ve action prcgrarn of tra:• Cige
ty and to 01 ler assistance to City depurt-
ments as will insure fair enploynent procedures wid the provision of City
services without bias.
10.2.3 Definitions
A. "Age" means discriminatory practices toward persons who lune passed the age
of majority.
B. "City Attorney" shall mean the duly appointed attorney for the City of Iowa
City or such person designated by him/her.
C. "Commission" shall mean the Iowa City Hunan .Rights Carmission.
D. "Complainant" means a person who has filed a report of discrimination as
provided for by 810.2.10 of this ordinance.
E. "Complaint" means a report of discrimination as provided for by 810.2.10 of
this ordinance.
F. "Conciliation Team" shall mean a team of ttw members or nnre of the Commission
appointed to conciliate cases on which probable cause has been found.
G. "Court" means the District Court in and for the judicial district of the
State of Iowa in which the alleged unfair or discriminatory practice occurred
or any judge of said court if the court is not in session at that time.
H. "Credit transaction" means any open or closed end credit transaction including
but not limited to a loan, retail installment transaction, credit card
issue or charge, and whether for personal or for business purposes, in
which a service, finance, or interest charge is imposed, or which provides
for repayment in scheduled payments, when such credit is extended in the
regular course of any trade or commerce.
I. "Disability" means the physical or mental condition of a person which
constitutes a substantial handicap, but is unrelated to such person's
ability to engage in a particular occupation or transaction.
J. "BVloyW, includes every person who works for wages, salary, or commissions
or any combination thereof, and in context the term also includes those who
are seeking or applying for employment.
K. "BVloyer" includes all persons, finis, or corporations, wherever situated,
who employ one or more employees within the City, or who solicit individuals
within the City to apply for employment within the City or elsewhere: the
term includes the City itself, and all other political subdivisions, public
corporations, governmental units conducting any activity eithin the City,
and public agencies or corporations.
L. "employment Agency" means any person undertaking to proeme. employees or
opportunities to work for any other person.
If. "Housing Acwtmodation" includes any improved or unimproved real estate
which is used, capable of being used, or intended w be used as a pent¢uteut
or temporary residence or bleeping place for one or mire persons whether by
sale, lease, or otherwise. It specifically includes lots suitable for
single or multi -family rebideutlal dovelofrx:nt.
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N. "Housing Transaction" means the sale, exchange, rental or lease of real
property or housing accoonodation and the offer to sell, exchange, rent or
lease real property.
O. 'Investigator" means a person appointed by the City Manager with the consul-
tation of the commission, to investigate complaints filed in accordance with
this ordinance.
P. 'Labor Organization" means any organization which exists for the purpose in
whole or in part of collective bargaining, of' dealing with employers concerning
grievances, terms, or conditions of employment, or of other mutual aid or
protection in connection with employment.
Q. "Person" means one or mare individuals, partnerships, associations, corpora-
tions, legal representative, trustees, receivers, the City of Iowa City, Iowa,
or any board, commission, department, or agency thereof, and all other govern-
mental units conducting any activity in the City.
R. "Public Accommodation" means a) either each and every place, establishment, or
facility of whatever kind, nature, or class that caters on offers services,
facilities, or goods to the general public for a fee or charge, h) each and
every place, establishment, or facility that caters or offers services, facilities,
or goods to the general public gratuitously shall be deemed a public accom-
nadation if the accommodation receives any substantial governmental support or
subsidy. Public accommodation shall not mean any bona fide private club or
other place, establishment, or facility which is by its nature distinctly
private, except when such distinctly private place, establishment, or facility
caters or offers services, facilities, or goods to the general public for fee
or charge or gratuitously, it shall be deeined a public accommodation during
such period.
S_ "Respondent" means a person who is alleged to have colmlitted an act prohibited
by this ordinance, against who a complaint has been filed, as provided by this
ordinance.
T_ "Sexual Orientation" means the status of preferring a relationship of affection
or a sexual relationship with a consenting adult of the same sex or with a con-
senting adult of the opposit:e sex.
For example, protection on the basis of sexual orientation would prohibit
an amnployer from firing a person solely for the reason that the person stated
he was homosexual or heterosexual. It would not limit an employer from dictating
rules of conduct in the expression of affection between employees.
1o.2.4 Discriminatory Practice
—Lllplo lient
A. It shall be unlawful for any elmployer to refuse to hire, accept, register,
classify, upgrade or refer for employment , or to otherwise discriminate in
employment against arty other person or to discharge unv emplovee because u1'
race, color, creed, religion, Ilallollal orlglli, 11ge, sex, sexual orlerltution,
marital status, or disability unless such disability is related to job per-
fornulnce of such person or employee.
R. It shall he unlmafll for anv labor url�+uli:cutl"u In rrlll•;r to adlmit to 1110111111.1.
ship, app:entiu:,L:) u1 uaiIIini; al, appil�.mt., to CAI u•i and 1amlber, or to
otherwise discriminate ag;linsl any apldicaIIt for nwmhr•r'shill, apprenticeship in
training; or any nu•Inher ill the privllel;cs, ril;hts, 111 henel'its of such membership,
unpr:•r+iresLiP or tr;:irery, 6e•-,:nu;c of racl d, iidol, Il:,tloua.l origin,
rclig;inn, ul;e, sex, nuc rtal status, sexml l oriemtut inn, rnr disnhi I ity of such
appl i. ant or nw•Idrer. 5
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C. It shall be unlawful for any employer, employment agency, labor organization,
or the employees or members thereof to directly or indirectly advertise or in
any other manner indicate or publicize that individuals are unwelcome, objec-
tionable, or not solicited for employment or membership because of race, creed,
color, national origin, age, religion, sex, marital status, sexual orientation,
or disability.
D, Exceptions:
1. Any bona fide religious institution with respect to any qualifications for
employment based on religion when such qualifications are related to a
bona fide religious purpose.
2. An employer or employment agency which chooses to offer employment: or
advertise for employment to only the disabled or elderly. Any such
employment or offer of employment shall not, however, discriminate among
the disabled or elderly on the basis of race, color, creed, religion,
national origin, age, sex, marital status, and sexual orientation -
3. 'lhe employment of individuals for work within the home of the employer if
the employer or members of his family reside therein during such employment.
4. 'llte employment of individuals to render personal service to the porson of
the employer or members of his family.
S. 1b employe on the basis of sex in those certain instances where sex is a
bona fide occupational qualification reasonably necessary to the normal
operation of a particular business or enterprise. The bona fide occupa-
tional qualification shall be interpreted narrowly.
10.2.5 Discriminatory Practice
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A. It shall be unlawful for any person to refuse to engage in a housing trans-
action with any other person because of race, color, creed, religion, national
origin, age, sex, or disability.
B. It shall he unlawful for any person to discriminate against any other person
because of race, color., creel, religion, national origin, age, sex, or disability
in the terms, conditions or privileges of any real estate transaction.
C. It shall be unlawful for any persue to directly or indirv.tly advertise , or in
any other manner indicate or pub]iL izo in ally rail estate Irmisiu•tion this any,
person because of race, culor, creed, religion, national origin, age, sex,
or disability is unwelcome, objectionable, or not solicited.
11. Exceptions:
1. Any bona fide rcllgioub JHS titutluli aitil rer;lWt to and quaiificatlunl t
may impose based on religion when such qualifications are related ro a
bona fide religious purlx)se.
�. 'Ihe rmital or lnus ing of fnur 141 or frwvr rnnm; within an rnenrr-ncrapied
ruuming hiusc ill "Lld. icnxvr• ]'41st t6iougl. thk '. liciug arc -
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3. RestrictionsWed on sex in the rents 1 or lefa.ng of housing accanro-
dations by nonprofit corporations.
4. Restrictions based on sex in the rental or leasing of housing accommo-
dations within which residents of both sexes would share a common bathroom
facility on the same floor of the building.
5. this ordinance does not create an affirmative duty to remove barriers for
the handicapped in the excess of the requirements of Chapter 104A, Iowa
Code.
6, housing accanodations may be designated specifically for the elderly and
disabled. However, housing accomodations may not be restricted among the
elderly and disabled on the basis of race, color, creed, religion, national
origin, or sex.
10.2.6 Discriminatory Practice
Public Acconmdation
A. It shall be unlawful for any person to deny any other person the full and
equal enjoyment of the goods, services, facilities, privileges, advantages
of any place of public aecaamdation because of race, color, creed, religion,
national origin, age, sex, marital status, sexual orientation, or disability.
B. It shall be unlawful to directly or indirectly advertise or in any other manner
indicate or publicize that the patronage of persons is unwelcome, objectionable,
or not solicited because of race, color, creed, religion, national origin, age,
sex, sexual orientation, marital status or disability.
C. Exceptions:
1. Ibis section shall not apply to any bona fide religious institution
with respect to any qualifications the institution may impose based on
religion when such qualifications are related to bona fide religious
purpose.
2. Public accommodations may be designated specifically for the elderly and
disabled. However, public accarnodations may not be restricted among the
elderly and disabled on the basis of race, color, creed, religion, national
origin, sex, marital status or sexual orientation.
10.2.7 Discriminatory Practice
Credit Transactions
A. It shall be unlawful for any creditor to refuse to enter into any credit
transaction or to impose finance charges or other terms- or conditions more
onerous than those regularly extended by that creditor to applicants of
similar eoonenic backgrounds hecaime of race, color, creed, religion,
national origin, age, sex, marital status, sexual orientation, or physical
disability.
B. Ekceptions _ Refusal by a creditor to offer credit life or health and
accident insurance based upon the age or physical disability of the
consumer shall not violate the provisions of this section provided such
denial is based solely upon bona fide wrdervriting consadrfrations not
prohibited by TStl.e XX Code of Ioau.
The provisions of this ngetion shall not be conutrued by negutive ituylicw
tion or otherwise to narTow or restrict any other provisions of this
ordinance.
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10.2.8 Discriminatory Practice
Aiding or Abetting
It shall. be a violation of this ordinance for any person to intentionally aid,
abet, cxxnpel, or coerce another person to engage in any of the practices declared
to constitute discriminatory practices by this ordinance.
10.2.9 Discriminatory Practice
lietaliations or Reprisals
It shall be a violation of this ordinance for any person to discriminate against
another person because such person has either lawfully opposed any discriminatory
practice forbidden by this ordinance, obeyed the provisions of this ordinance,
or has filed a complaint, testified, or assisted in any proceeding under this
ordinance.
10.2.10 Report of Discriminatory practices
A. The following procedures are the only authorized methods for reporting a
discriminatory practice to the commission:
1. Any person claiming to be aggrieved by a discriminatory practice
within the City limits of Iowa City, Iowa may by himself/herself or by
his/her attorney, slake, sign, and file with the commission a verified
written complaint which shall state the name and address of the
person, employer, employment agency, or labor organization alleged to
have oxrtnitted the discriminatory or unfair practice of which am-
plained, shall set forth the circumstances under which the discrim-
inatory practice Look place, the date, and shall contain such other
information as may be required by the commission.
2. The ecxmlission, a ccxmdssioncr, a city attorney, the Iowa Civil
Rights Cannission, or any other person aware o1' the existence of a
discriminatory practice may in like manner make, sign, and file such
complaint.
I1_ Any complaint filed under this ordinance shall be so filed within 120 days
after the Trost recent act constituting the alleged discriminatory practice.
C_ A verified copy of a complaint filed with the Iowa Civil Rights Commission
under the provisions o1Chapter 601A, Code of loxes, or 12= shall be a
sufficient umplaint for the purpose of this ordinance, if it alleges
either in the text thereof or in uccary)mmying stutEII)O is shut the ullcg(,,d
discriminatory practice occurred within this City.
10.2.11
Investigation of
tixnplaints
A_ 1ii't117 ZPIe
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tiAhii 1N pfN1141113
sc!rvrid by
registered nwil to the 1N'rwmi
at7.tinKt Wh(XI1
the (Y)ITIpIftint is
filed. Then
u thea invustigutor,
or another
duly uuthori•ried
ttwnM-r of
1'.h(+ PrmijjtiKion'F sluff, shall
Inuk(• it pr(ngrf
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B. Upon application the comnission may issue subpoenas requiring a party to appear
or to produce books, documents, and records which may be relevant to the
alleged discriminating practice.
The conmission may issue subpoenas if it finds the following to be true:
(1) The subpoena is necessary to carry out a public hearing of the Carmission;
or
(2) The respondent fails to provide information relevant to the investigation
and the Investigator is unable to proceed without specific nnterials.
C. The investigator shall deterimdne whether probable cause exists to believe that
the person charged in the complaint has coamitted a discriminatory practice and
shall file a detailed report with the city attorney. After completion of this
determination, the city attorney shall send to the connission, a written
statement of reasons as to whether or not probable cause exists to believe that
a discriminatory practice occurred as alleged by the complainant.
D. At any time after the initial filing of a complaint of unfair or discriminatory
practice, but before the Investigator's recomriendation to the city attorney,
the investigator may seek a disposition of the complaint thru the use of Pre-
determination settlement if such settlement is in the interest of the complainant.
Pre -determination settlement (s) shall be subject to review by the city at-torney
and shall be approved by the whole comnission in executive session.
10.2.12 Results of Investigation
Action to be Taken
A. Finding - No Probable Cause:
1. If the investigator finds no probable cause to believe that the person
charged has comnitted an unfair or discriminatory practice, and the city
attorney concurs with that finding, he/she shall report the same to rhe
comnission. If designated members of the commission agree that no probable
cause does exist, it shall notify the parties in writing by certified
mail, return receipt requested, of the findings and of the carplainant's
right to appeal therefrom. If they disagree as to no probable cause, they
shall make the final determination on probable cause and proceed as
provided in this chapter.
2. If the complainant fails to object to the finding of no probable cause
within ten days of receipt of such written not.dcxe, the comdssion shall
close the case. The secretary of the commission shall report this finding
to the Iowa Civil Rights CGxmdssion.
If flip complainant objects in writing to the finding of no probable cause
withi,- 1.en days of receipt of such written notice, the designated manbers
of the comnission shall hear his/her evidence in executive session. Sf
th-y agent find no prbh :tl& amse to believe t'JaM the lx-rsm charged "Seas
committed a discriminatory practice, they shall declare the case closed.
After appeal, if they find probuble cause to exist, they shall proceed as
Provided in this clarptPr.
4. If the invelWtor and city attorney disag as to probable cause,4ke,
designated ers of the Goamission shall the final determination on
probable cause and proceed as provided in this Ohapter.
B. Finding - Probable Cause:
If the investigator finds probable cause to believe that the person charged
has canaitted an unfair or discriminatory practice, and the city attorney
concurs in that finding, then those members of the Commission designated
as conciliators would make an independent evaluation to the determination
as to whether probable cause exists before proceeding with the conciliation.
Upon the finding of probable cause to believe that the person charged has
committed a discriminatory practice, a conciliation team shall promptly
endeavor to eliminate such discriminatory or unfair practice by conference,
conciliation, and persuasion in accordance with remedies provided in
Section 10_ 2.16.
10.2.13 Conciliation
A. Results of Conciliation:
1. If the conciliation team is able to effectuate a disposition agreeable to
the complainant, the person charged, and the eemission, such disposition
shall be reduced to a written stipulation and executed by the parties and
the agreement reported to the commission.
If the person charged and the conciliation team agree to a disposition but
the complainant fails to agree, the team shall report the matter to the
designated me3nbers of the commission in executive session. If the designated
members of the commission accept the conciliation agreanent presented by
the conciliation team and the person charged, they shall close the case
(subject to continuing supervision of the charged party as provided in the
agreement) and cammunieate the terns of the agreement to the Iowa Civil
Rights Comni.ssion. Ibis shall not prevent the complainant from taking
other action as provided by law. If however, they reject the conciliation
agreement, they may direct that further atteripts at conciliation be made or
proceed as provided in this chapter. i
3. If the complainant and the person charged reach a mutually agreeable
disposition of the complaint, but the conciliation team does not wish to
ratify such agreement, the complainant and the person charged may proceed
according to the terms of their agreement with no further involvernent by
the conciliation team and the commission shall thereafter close the case.
Such action shall not, however, in any way prevent the ccnmissiomn as a non-
party to the agreement entered into between the complainant and the person
charged, from subsequently filing a new complaint against the person
charged concerning the same alleged discriminatory practice.
1U. 2.14 p—roceedings upon Failure to Conciliate
A. If the conciliation team is unable to effecctuatr a ai%.,Mto^ a +seable tr time
parties within 90 days, it shall file a report of no conciliation with the
designated manbers of the commission and recommend what further action as
provided herein should be taken. Sindlurily, if the desilmated menhers of the
commission reject the conciliation aiTc*m-nt, they shall determine what action
as provided hereir2 shall be taken.
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B. A conciliation team may recomnend:
that no rurther action be t,dcen thus closing the Case.
2. Lhat the, (Nxrrnission cause: to he served a written notice requiring the
rNrx)ndent to answor the: charges of Such complaint :it a ham"Ing b(Ifore
the umni:ssion.
10.2.15 Notice and Ilearina
A. In case of failure to satisfactorily settle a crnplaint by conference
amciliation, and persuasion, the ccxnnissi.on may issue and cause to be
served a written notice together with a copy of such comp)aint, as the same
may have been amended, requiring the person charged to answer such complaint
in writing within ten days after the date of such notice or within such
extended time that the connaission may allow.
B. when -the conciliation team is satisfied that further endeavor to conciliate
shall be futile, the team shall report the same to the ccnmission. If the
commission determines that the circumstances warrant, it shall issue aand
cause to be served a written notice requiring the person charged
to nswer
the c -barges of such complaint at a hearing before the commission or such
other person designated by the commission to conduct the hearing, hereafter
refer -sed to as hearing examiner, and at a time and place to be specified in
such notice.
C. the case in support of such complaint shall be presented at the hearing by
the city attorney or his/her agent. The members or the commission who
investigated or attempted to conciliate the canplaint shall not participate
in the hearing except as a witness nor shall they participate in the
deliberations of the carmission in such case.
D. The person charged may file a written verified an --WOO to the canpinint., and
ray appear at the hearing in person, with or without counsel, dsinit
nay
testism
wny. In the discretion of the hearing examiner, a complaintaasel.
be allowed to intervene and present testitwny in person or by
C. when the person charged has failed to answer a cc")leint at a hearing as
provided by this section, the urnnission Imy wt. aside an eter ntryltof der efault within
good cause shown, the uxnnission mafault. For
y it tilt person charged is in default,
ten days after the date o1' such entry.
1;110 (mrmmission may proceed to hear testllmny adduced upon behalf of the
uxacom
inant. Alter hearing such testimnay, the
nplmission may enter such
order as in its opinion the evidence warrants.
P. 7110 ..aanussrun
aroi;ty ilDIVA, 11""ill" htor&"s"oWily
and
fair•3y ummd any c,f ntui>+ri urgd salmw
wrrand hie;/her tuiswcr.
1110 .ramis;inn nhnl l not be tXemn(1 by the, str•Irt rule -s ul ovidonra•
G, ens —, saminul lun Awl I
1h1i.-1U1 Ir ..,ar•� uc luu "'. •-•.malt% but 11w t'i1,11t
he. p±eservr,d. Pluintills shall INnar the burden <A frr�,vmmtt Uu al1rIt L. Hu.
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in the complaint. '171e testimony taken at a hearing shall be under oath,
recorded, and, if ordered by the comnission, transcribed.
10.2.16
pindines and Order
A. II', upon taking into consideration al l the evidence at a hearing, the
commission shall find that a respondent has engaged in or is engaging in,
any discriminatory or unfair practice as defined in this chapter, the
commission shall state its finding of fact and shall issue and cause to be
served upon such person charged an order requiring such person to cease and
desist from such discriminatory or unfair practice and to take such affirmative
action, including, but not limited to, hiring, reinstatement, or upgrading
of the employees, with or without back pay, the referring of applicants for
employment by any respondent employment agency, the admittance or restoration
to membership by any respondents labor or organization, the admission to or
continuation in enrollment in an apprenti.ceshi.p program, on the job training
program, the posting of notices, and the making of reports as to the mariner
of compliance, as in the judgment of the comnission shall effectuate the
purposes of this chapter.
B. If, taking into consideration all of the evidence at a hearing, the com-
mission shall find that the person charged has not engaged in any discrim-
inatory or unfair practice, the commission shall state its finding of fact
and shall issue and cause to be served an order on the complainant and the
person charged dismissing the complaint:.
10.2.17 Judicial Review — Enforcement
A. Me commission may obtain an order of court for the enforcement of comnission
orders in a proceeding as provided in this section. Such an enforcement
proceeding shall be brought in the district court of Johnson County.
B. Such an enforcement proceeding shall be initiated by the filing of a
petition in such court and the service of u copy thereof upon the person
charged. Thereupon the commission shall file with the court a transcript
of the record of the hearing before it. T71e court has the ]ower to grant
such temporary relief or restraining order as it deems just and proper, and
to make and enter upon the pleadings, testimony, and proceeding set forth
in such transcript an order enforcing, modifying, and enforcing as so
modified, or setting aside the order of the commission, in whole or in
Part.
C. M objection that has not been urged before the comnission shall not be
considered by the court in an enforcement proceeding, unless the failure or
neglect to urge such objection shall be excused because of extraudinary
cireumstances.
D. My patty to the entorl"oomil proccediax may move the court to runut the
cure to the commission in the interest of justice fur the purpose of
adducing additional specified and mute riul evidence and seeking findings
thereof, providing such parties shall _,h(A, reusonablc grounds fur the
fru Jure to udducr such ecidencr heforr IIkv commission.
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E. The commission's •y of the testimony shall be available to all parties for
examination at all reasonable times, without cost, and for the purpose of
judicial review of the commissions orders.
F. The commission may appear in court by the City Attorney or his/her designee.
G. If no proceeding to obtain judicial review is instituted within 30 days from
the service of an order of the commission, the commission may obtain an order of
the court for the enforcement of such order upon showing that the person charged
is subject to the jurisdiction of the commission and resides or transacts business
within Johnson County.
10.2.18 Hwnan Rights Commission - Structure
A. AffISERS. The Iowa City Human Rights Commission shall consist of nine (9)
members, appointed by vote of the City Council. Appointees shall serve for a
term of three (3) years and thereafter until a successor has been appointed.
Vacancies shall be filled for the remainder of the unexpired term. Appoint-
ments shall take into consideration men and women of the various racial, religious,
cultural, social and economic groups in the City.
10.2.19 Public Records
A. All records of the connission shall be public, except:
1. Complaints of discrimination, reports of investigations, statements and
other documents or records obtained in investigation of any charge shall
be closed records, unless public hearing is held.
2. The minutes of any session which is closed,under the provisions of this
ordinance, shall be closed records.
B. No member of the commission or of its staff shall disclose the filing of a charge,
the informationgathered during the investigation, or the endeavors to eliminate
such discriminatory or unfair practice by conference, conciliation, or persuasion
unless each disclosure is made in connection with the conduct of an investigation.
I
Nothing in this provision shall prevent, however, the comnission from releasing such
information concerning alleged or aclmowledged discriminatory practices to the
Iowa Civil Rights Commission, the United States Civil Rights Commission, the Federal
Equal Uployment Opportunity Comaission, and other agencies or organi?Ations whose
primary purpose is the enforcement of civil rights legislation.
This section does not prevent any canplainant witness or other person from publicizing
the filing of a complaint or the matter therein complained of. Violation of these
provisions by a member of the commission or its staff shall constitute grounds for
removal.
13
0
SWrION II. REPEALER. Chapter 10.2 of the 1966 Code of Ordinances of
Iowa City, Iowa, as amended, (codifying Ordinance #2598), and Ordinance
#2763, and all other Ordinances or parts of ordinances in conflict with the
provisions of this Ordinance, are hereby repealed.
SNXTION III. SEVERABILITY. If any section, provision or part of the Ordi-
nance shall be adjudged -to be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a whole or any section, pro-
vision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFUCT-M DATE. This Ordinance shall be in effect after its
final passage, approval and publication as required by law.
It was moved by deProsse and seconded by Perret
that the Ordinance be finally adopted, and upon roll call there were=
AYES: NAYS:
x Balmer
x deProsse
x Foster
x Neuhauser
x Perret
x Selzer
x Vevera
-Alnu'k_i Cydr►dicuu"".
ATTEST:
a.ty C'f�—
First Consideration 3/219/77
Vote for passage: Ayes: deProsse, foster, Neuhauser, Perret.
Nays: Selzer, Vevera, Balmer
Second Consideration 4/12/77
Vote for passage: Ayes: Neuhauser, Perret, deProsse, foster.
N213's: Selzer, Vevex'a, lJalplul
Date of Publication
Passed and approved this 19th day of Apri1
, 1977.
RECBIVE9 a APPROV2'9
ky,2iEE LLG2 MlAe'T'7
3 4 �'�$
of Iowa CH
R44 r
DATE: April 12, 1977
TO: City Council
FROM: Angela Ryan, Asst. City Attorney yv
RE: g=ion Rights Ordinance
The following typographical error has come to our attention:
910.2.12) should state:
". . the designated members of the Commission
shall make the final determination on probable cause
and proceed as provided in this Chapter."