HomeMy WebLinkAbout1997-11-18 Public HearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public headng
will be held by the City Council of Iowa City, Iowa,
at 7:00 p.m. on the 21st day of October, 1997, in
the Civic Center Council Chambers, 410 E.
Washington Street, Iowa City, Iowa; at which
hearing the Council will consider the following
item:
1. A resolution adopting to 1997 Comprehensive
Plan as a statement of the goals and policies
of the community. The proposed
Comprehensive Plan also includes the Iowa
City Historic Preservation Plan, the JCCOG
Arterial Street Plan, the Iowa City Economic
Develo13~nt Policies and the South District
Plan. The South District Plan contains policies
specific to the area south of Highway 6, east
of the Iowa River and the unincorporated area
within Iowa City's long range growth
boundaries.
Copies of the proposed resolution and Plan are
on file for public examination in the office of the
City Cleft(, Civic Center, Iowa City, Iowa. Persons
wishing to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
NOTICE OF PUBLIC HEARING
Notice is hereby given that public hearings
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 11th day of
November, 1997, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at which hearing the Council will
consider the following items:
1. An ordinance to amend the approved
Sensitive Areas Development Plan for
Walden Hills to allow the development of
Lot 53, containing 8.66 acres and located
within the OSA-8, Sensitive Areas Overlay
Zone, at the northwest corner of Rohret
Road and Shannon Drive.
2. A resolution approving the annexation of a
2.81 acre tract located southeast of the
intersection of Iowa Highway 1 and Naples
Avenue.
An ordinance amending the Zoning
Ordinance by changing the land use
regulations of a 2.81 acre tract, located
southeast of the intersection of Iowa
Highway 1 and Naples Avenue, from
County CP-1, Planned Commercial, to C1-1,
Intensive Commercial.
4. An ordinance amending the zoning
ordinance by changing the land use
regulations of a 0.87 acre tract, located on
the east side of West Side Drive and south
of Earl Road, from RM-12, Low Density
Multi-Family Residential and C1-1, Intensive
Commercial, to CO-1, Commercial Office.
Copies of the proposed ordinances and
resolutions are on file for public examination in
the office of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
views known for Council consideration are
encouraged to appear at the above-mentioned
time and place.
MARIAN K. KARR, CITY CLERK
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 18th day of
November, 1997, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at which hearing the Council will
consider:
AN ORDINANCE AMENDING TITLE 2 OF
THE CITY CODE, THE HUMAN RIGHTS
ORDINANCE OF THE CITY OF IOWA
CITY, IOWA, TO ALLOW FOR
ADMINISTRATIVE CLOSURES OF
HUMAN RIGHTS COMPLAINTS THAT DO
NOT WARRANT FURTHER
INVESTIGATION.
Copies of the proposed ordinance are on file for
public examination in the office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
wishing to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
~a~.e~e~'~:x ~ trtte 2
City of Iowa City
MEMORANDUM
7
To: Iowa Cits.' Cib' Council
From: Heather L. Shank
Human Rights Coordinator
Re:
Ordinance Amending Title 2, of the City Code. The Human Rights Ordinance of
the CiD' of Iowa City. Iowa, to allow for Administrative Closures of Human
Rights Complaints that do not warrant further investigation.
Section 2-4-9(G) of the Iowa City Human Rights Ordinance states that all complaints
must be screened during the first sixty days. The screening process determines whether a
person is stating a claim that involves an incident that occurred in Iowa City. and whether
the claim is one that is covered under the Iowa City Human Rights Ordinance. If a
person alleges that he was treated differently because his supervisor did not like him. this
would not be covered under the Human Rights Ordinance. With this fact pattern. a
complaint would not be drafted or investigated. If a complainant alleges she has been
discriminated against at an Iowa City business based on her national origin. the
complainant would meet the jurisdictional and subject matter criteria. Her complaint
would be drafted and investigated.
After an indi``'idual signs a complaint, detailed questionnaire/document requests
pertaining to the allegations set forth in the complaint are sent to the parties. Upon the
receipt and filing of the requested information. the complaint is investigated in the order
in which it was received. Depending upon the backlog. the dela``' could be as long as one
to two years.
The Iox,.'a City' Human Rights Commission. on occasion, has recei``'ed complaints that
did not ,.,,'arrant investigation beyond the receipt of a response to the
questionnaire/document request. Although the Human Rights Ordinance does mention
administrative closure in Section 2-4-9(G), it does not include statutory language that sets
out the procedure. As a result. the Iowa City Human Rights Commission has not had the
discretion to close a case that it believes does not warrant a full investigation. Each
complaint that is not mediated or closed due to the lack of complainant cooperation
requires a full investigation.
A full investigation requires interviews with both the complainant and respondent as well
as other relevant parties. It generally takes staff a minimum of three weeks to complete
the investigative summaries of the interviews and several days to consolidate the
information and ,,,,-rite the staff probable cause recommendation. The complaint then is
reviewed by the Assistant City Attome3' and the Human Rights Commission Team. The
Commission Team then submits its formal probable cause determination. The entire
process can extend over one to three months.
The addition of statutory language permitting administrative closure of complaints that
do not warrant further investigation 4411 save the Human Rights Commission time and
money. The Commission receives approximately two to three complaints a )'ear that do
not warrant further investigation. Hypothetical situations in which administrative
closure might be used could include:
When the Respondent business has closed/dissolved, and there are no remaining
business assets. In this situation, there is no available remedy even if the Human
Rights Commission were to find probable cause. If the business no longer exists,
there can be no policy change or job reinstatement. and if there are no assets. there
is no possibility of satis~'ing a monetary judgment.
If the questionnaire responses reveal that the Complainant has failed to disclose
pertinent facts which contradict his/her claim. or has misrepresented essential
facts. For instance: the Complainant alleges that he/she has been fired due to
race. When asked, Complainant says there is no other valid reason--he/she has
received no disciplines or warnings about job performance, attendance, etc.
Respondent produces documents that show a series of disciplinary actions--
perhaps even including a final warning which indicates that an), future infractions
will result in termination. (Please note that this is a different situation from one in
which the Complainant claims that he/she is receiving these disciplines for
engaging in behavior that non-minority co-workers also engage in but for which
the)' are not disciplined.)
"Vengeance" complaints. Complainant alleges discrimination. Questionnaire
responses reveal that the adverse action was a result of a legitimate, non-
discriminatory reason. Questionnaire responses, document production. and
additional interviews with Complainant indicate that the complaint as alleged is a
result of Complainant's animosity and a desire to get back at the Respondent for
some non-discriminatory action taken against Complainant.
The Iowa CiD' Human Rights Commission takes the responsibili~, of eradicating
discrimination and protecting respondents from unfounded charges of discrimination very
seriousl'.-. It is not the Commission's intent to use the Administrative Closure provision
to cut down on the backlog. The intent is to close complaints that do not ,,,,'arrant further
investigation in a timely fashion. while still allowing the Complainant the opportunity to
proceed to district court if the complainant continues to believe discrimination has
occurred.
The Iowa City Human Rights Commission believes the Ordinance revision as drafted
includes safeguards to prevent the closure of a complaint that has unresolved legal issues
or warrants a full investigation. Therefore. the Iowa City Human Rights Commission
respectfully requests that the Iowa City City Council approve the revisions to the Iowa
City Human Rights Ordinance to permit administrative closure as proposed.