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HomeMy WebLinkAbout2003-11-10 Ordinance Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 13,500 SQUARE FEET FROM CENTRAl. BUSINESS DISTRICT (CB-2), TO PLANNED HIGH DENSITY RESIDENTIAL (PRM), LOCATED AT 512 S. DUBUQUE STREET SOUTH OF COURT STREET. WHEREAS, the applicant, University View Partners, has requested that said property be rezoned from CB-2, Central Business District Service, to PRM, Planned High Density Residential; and WHEREAS, the proposed zoning change conforms with the Near Southside Neighborhood Redevelopment Plan; and WHEREAS, the proposed rezoning is located adjacent to an existing Planned High Density Residential zone; and WHEREAS, the Planning and Zoning Commission recommended approval of the proposed rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAl The property described below is hereby reclassified from its present classification of CB-2, Central Business District Service, to PRM, Planned High Density Residential. Lot 7 and the South 10 feet of Lot 8, in Block 9, in that part of Iowa City, Iowa, laid off as the County Seat of Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 253, Deed Records of Johnson County, Iowa. SECTION II ~'ONINC~ MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III CERTIFICATION AND RECORDING. Upon passage and approval of the ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same at the office of the County Recorder of Johnson County, Iowa, all as provided by law. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SEVERABII ITy. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or pad thereof not adjudged invalid or unconstitutional. SECTION VI EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval and publicetion, as provided by law. Passed and approved this day of ., 20 MAYOR ATTEST: CITY CLERK City ~,ttor"ney',~ Office Ppdadrnin~3~3nechg512sd ubuque.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 11/10/03 Voteforpassage:AYES: 0'Donne]l, Pfab, Vanderhoef, Wi]burn, Champion,Lehman. NAYS: Kanner. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Jessica Hlubek, Planning Intern, 410 E. Washington St., Iowa City, IA 52240; 319-356-5231 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF THE ALLEY LOCATED TO THE EAST OF 812 S, DUBUQUE STREET. WHEREAS, the applicant, University View Partners, has requested that the City vacate the unbuilt portion of an alley right-of-way located to the east of 512 S. Dubuque Street; and WHEREAS, the said right-of-way is not used by abutting properties for vehicular or pedestrian access; and WHEREAS, the City has no plans to develop the right-of-way for street access; and WHEREAS, it is in the City's interest to vacate and dispose of public right-of-way, or portions thereof, that will not be used for public access; and WHEREAS, the Planning and Zoning Commission recommended vacation of this right-of-way subject to the retention of any necessary utility easements and the conveyance of the right-of-way being approved concurrently with the approval of the ordinance vacating the alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION: Subject to the retention of any necessary utility easements, and the conveyance of the right-of-way being approved concurrently with approval of the ordinance vacating the alley, the City of Iowa City hereby vacates the right-of-way legally described as follows: THE SOUTH 68.00 FEET OF THE PLATTED ALLEY BET~VEEN AND ADJACENT TO LOTS 2 AND 7, BLOCK 9, COUNTY SEAT ADDITION, IOWA CITY, IOWA, CONTAINING 0.04 ACRE AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION I1. REPEALER. A~I ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION II1. SEVERABILITY. If any section, prevision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudicated invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approv- al and publication, as provided by law. Passed and approved this __ day of ,2003. MAYOR ATTEST: CITY CLERK Approy,ed by ~ J City A'Eor~ey's Office- Ppdadmin\ord\vacate512sd ubuqt~e.doc Ordinance No. Page. It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 10/28/03 Voteforpassage:AYES: Lehman, 0'Donne]l, Pfab, Vanderhoef, Wi]burn, Champion, Kanner. NAYS: None. ABSENT: None. Second Consideration 11/10/03 Voteforpassage: AYES: Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell. NAYS: None. ABSENT: None. Date published Prepared by: Andrew P. Matthews, Assr. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE TITEE 10, "PUBLIC WAYS", CHAPTER 3, "COMMERCIAL USE OF SIDEWALKS", SECTION 3, "USE OF SIDEWALK CAFES" TO CONTINUE TO ALLOW ALL SIDEWALK CAFES TO OPERATE UNTIL 12:00 MIDNIGHT. WHEREAS, On July 2, 2002, the City Council amended the City's ordinance establishing hours of operation of sidewalk cafes with existing alcoholic beverages licenses to 12:00 midnight; and WHEREAS, said amendment had a "sunset" clause automatically repealing the amendment on December 31, 2003, unless reenacted by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 10, entitled "Public Ways", Chapter 3, "Commercial Use of Sidewalks", Section 3, ~Use For Sidewalk Cafes", Subsection (C), "Days and Hours of Operation", Subparagaph 3 is hereby repealed and replaced with the following language: Sidewalk cafes shall be set up and operated each day only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight, and restored to a normal pedestrian walkway at all other times. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 __ MAYOR Al-rEST: CiTY CLERK Approved by City Attorney's Office Andy/ord/sidewalkcafeho ursextension,doc Ordinance No. Page. It was moved by. and seconded by that the Ordinance as road be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 11/10/03 Voteforpassage:AYES: Vanderhoef, Wi]burn, Champion, Kanner, Lehman, 0'Donne]], Pfab. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published City of Iowa City MEMORANDUM TO: City Council FROM: Heather L. Shank, Human Rights Coordinator ~- Susan Dulek, Ass't City Attorney (~ DATE: November 4, 2003 RE: Revisions to the Human Rights Ordinance Introduction Staff and the Human Rights Commission are proposing changes to the Human Rights Ordinance (Title 2 of the City Code). Because of the length of the Human Rights Ordinance and the substantial number of amendments, the packet contains both a "redlined" version of Title 2 as well as the ordinance itself. Although the proposed amendments are extensive in number, the majority are not substantive in nature. Summary of Major Amendments A. Probable Cause Procedure (Section 2-4-6A of the City Code) · The present process-- No probable cause cases. After the Human Rights staff investigates the complaint, the staff person makes a recommendation to the City Attorney as to whether probable cause exists that illegal discrimination occurred as alleged in the complaint. The City Attorney then issues a written opinion on probable cause, after which three members of the Commission review the file. If the Commissioners agree with the City Attorney that there is no probable cause, then the complaint is dismissed. · Probable cause cases. If the City Attorney and the Commissioners both find probable cause and efforts at conciliation have failed, the Ordinance provides that the case will either proceed to public hearing or be dismissed. There is no specific provision as to what analysis should be done and by whom to determine whether the case should proceed to public hearing. · To date, while the Commissioners on occasion have had questions/concerns about a probable cause opinion, they have not disagreed with an opinion of the City Attorney. Under the current ordinance, if there was such a disagreement that could not be resolved, the opinion of a majority of the 3-member Commission Team would control. · The proposed process-- No probable cause cases. If the City Attorney's opinion is that there is no probable cause, the case will be dismissed; three Commissioners will no longer review the "no probable cause" files. November 4, 2003 Page 2 · Probable cause cases. The concept of "litigation worthy" is introduced to determine when a case should proceed to public hearing after staff finds probable cause. An example of a case that may not be litigation worthy is if the employer is no longer in business. Under the proposal, the City Attorney will make a recommendation to two members of the Commission as to whether a case is litigation worthy, that is whether the case should proceed to public hearing. If they agree with the City Attorney or if they have a split vote, then the case will proceed consistent with the City Attorney's recommendation. On the other hand, if both disagree with the City Attorney, then the case will be dismissed or proceed to public hearing accordingly. The Iowa Civil Rights Commission employs a "litigation worthy" analysis as well. B. Public Hearin,q Procedure (Section 2.4-6 of the City Code) · The present process-- The current ordinance contains limited procedures regarding the public hearing process. · The proposed process-- Nearly every procedural change in the hearing process mirrors the process undertaken by the State of Iowa Civil Rights Commission and tracks the language of state law. The recommended changes would: a) establish minimum requirements for a statement of the charges; b) list what must be included in the notice of public hearing and how the complainant and respondent are to be notified; c) provide for discovery prior to the hearing; d) create procedures for the administrative law judge (AL J) for both the pre-hearing proceedings and the hearing itself; e) clarify that the ALJ's decision is a proposed decision and that it will become the final decision of the Commission unless review by the Commission is requested; f) prescribe how the Commission will review the ALJ's proposed decision; and g) identify who is responsible for payment of the costs of the hearing.. C. Conciliation Procedure (Section 2-4-4 of the City Code) · The present process-- The Human Rights Coordinator, the City Attorney and three members of the Commission are involved in conciliation. The Human Rights file containing the evidence of discrimination cannot be shared with either the complainant or the respondent at this stage. · The proposed process-- Under the proposal, the Human Rights Coordinator will be the only person on behalf of the Commission to attempt to conciliate a resolution with the complainant and the respondent. Additionally the parties will have access to the Human Rights file, which will allow the parties to evaluate the strengths and weaknesses of both sides. Staff and the Commission believe that this will lead to a more effective conciliation process D. Mediation Procedure (Section 2-4-2K of the City Code) · The present process-There is no provision in the current Ordinance that allows for the option of mediation. November 4, 2003 Page 3 · The proposed process-If both parties agree, they can at any time request mediation, a process in which a disinterested third party (not Commission or its staff) will work with the complainant and the respondent to resolve the matter. E. Powers of the Commission (Section 2-2-2 of the City Code) The powers and duties of the Commission are amended to reflect the amendments made to the probable cause and conciliation processes. However, regardless of whether said changes are adopted, the powers and duties' provisions should be amended to reflect the Commission's role in educating the public on human rights and illegal discrimination. Copy to: Steve Atkins Marian Karr Dale Helling Eleanor M. Dilkes IOWA CITY CITY CODE TITLE 2: HUMAN RIGHTS CHAPTER 1: GENERAL PROVISIONS 2-1-1: DEFINITIONS: As used in this Title, the following terms shall have the meanings indicated: AGE: Chronological age of any person ,.,k.- ~. ...... ~.~.. ,~... ..~ ~;..k*~.... /~O~ ~- ..................... ,?,gO .... u ....... ~ ,,.,) or ,,, COn ........ ] ........ C.,,q ...... CITY ATTORNEY: The duly appointed attorney for the City or such person designated by the City Attorney. COMMISSION: The Iowa City Human Rights Commission. COMPLAINANT: A person who has filed a report of discrimination as provided for by this Title. COMPLAINT: A report of discrimination as provided for by this Title. CONCILIATION: TEAM: The attempt by the Human Rcthts Coordinator to reach a resolution with both partie n a case A *.w,,, .... v,~ '-'"-...v ~~j~'~ cr mc-c. ................................. ~-~- .......... ccncillctc cc. ccc in which a determination of probable cause has been made. t C~_ ,~... e,~,., cf ' ..... COURT: The Jchnccr, "' .... *,' Ddistric ourt for .............. of the state of Iowa or any iudqe of the court if the court is not in session at that time. CREDIT: "Credit" as defined in section 537.1301 (15) of the Code of Iowa, as amended. CREDITOR: "Creditor" as defined in section 537.1301(17) of the Code of Iowa, as amended. TRANSACTION ^ .... '~""'~ ~"'~ "'~'~;* * ...... *;~" ~""~'"~"" CONSUMER CREDIT : .... ·cpcn cr ........................................ ~, fo ..... u ....... I-' ...... ,~,,, ..... or commerce "Consumer credit transaction" as defined in section 537.1301 (11 ) of the Code of Iowa, as amended. DEPENDENT: Any person, regardless of age, who resides in a household and who derives primary care or support from that household. DISABILITY: A. The physical or mental impairment of a person which substantially limits one or more of such person's major life activities, and the condition of a person with a positive human immunodeficiency virus test result, a diagnosis of acquired immune deficiency syndrome, a diagnosis of acquired immune deficiency syndrome-related complex, or any other condition related to acquired immune deficiency syndrome. The inclusion of a condition related to a positive human immunodeficiency virus test result in the meaning of "disability" under the provisions of this Title does not preclude the application of the provisions of this Title to conditions resulting from other contagious or infectious diseases; B. A record of having such an impairment; C. Being regarded as having such an impairment. "Disability" does not include current, illegal use of or addiction to a controlled substance as defined by chapter 204 124A of the Code of Iowa, as amended. ELDERLY: Any person who has attained the age of fifty five (55) years. EMPLOYEE: Any person who works for wages, salary or commission or any combination thereof, and persons who are seeking or applying for employment. EMPLOYER: Includes all ""*~*~ - ....... ~ any person, wherever situated, who employs one or more employees within the City, or who solicits_ individuals within the City to apply for employment within the City or elsewhere. The term includes the City itself, and to the extent not inconsistent with State law, and all other political subdivisions, public corporations, governmental units conducting any activity within the City and public agencies or corporations. EMPLOYMENT AGENCY: Any person undertaking to procure employees or opportunities to work for any other person. FAMILIAL STATUS: One or more individuals under the age of eighteen (18) domiciled with one of the following: A. A parent or another person having legal custody of the individual or individuals. B. The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person. Protections against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. FAMILY: For purposes of this Title "family" includes a single individual, and includes persons who are registered as domestic partners and who are eligible to obtain a certified statement of the domestic partnership from the City Clerk, as provided in Chapter 6 of this Title. GENDER IDENTITY: A person's various individual attributes, actual or perceived, in behavior, practice or appearance, as they are understood to be masculine and/or feminine. HOUSING ACCOMMODATION: Any improved or unimproved real estate which is used or intended for use as a residence or sleeping place for one or more persons. HOUSING TRANSACTION: The sale, exchange, rental or lease of real property or housing accommodation and the offer to sell, exchange, rent or lease real property. LABOR ORGANIZATION: 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. MARITAL STATUS: The state of being married, single, divorced, separated or widowed. PERSON: One or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, the City or any board, commission, department or agency thereof, and all other governmental units conducting any activity in the City. PUBLIC ACCOMMODATION: Each and every place, establishment or facility of whatever kind, nature or class that caters or offers services, facilities or goods to the general public for a fee or charge. 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 accommodation 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 that, when such distinctly private place, establishment or facility caters or offers services, facilities or goods to the general public for a fee or charge or gratuitously, it shall be deemed a public accommodation during such period. PUBLIC ASSISTANCE SOURCE OF INCOME: Income and support derived from any tax- supported Federal, State or local funds, including, but not limited to, social security, ity ,.;.~ ,,, ~.,,,,,~ ..... ~"- ," .... '~--"* "~'~"~'~" temporary assistance for supplemental secur income ........................ ~- ................... needy families, family investment proqram, qeneral relief, food stamps, ~ and unemployment compensation, but not includinq rent subsidies. RESPONDENT: A person who is alleged to have committed an act prohibited by this Titl~ and/or against whom a complaint has been filed under this Title. SEXUAL HARASSMENT: A form of sex discrimination. Sexual harassment may take the form of deliberate or repeated comments, questions, representations or physical contacts of a sexual nature which are unwelcome to the recipient. Sexual harassment may also take the form of conduct that has the purpose or effect of creating an intimidating, hostile or offensive environment. SEXUAL ORIENTATION: Actual, history of, or perceived heterosexuality, homosexuality, or bisexuality. STATE, STATE PARTY AND STATE PARTIES: As used in the preamble and part I of the "International Convention on the Elimination of All Forms of Racial Discrimination (1966)", as amended, shall mean the City of iowa City, Iowa. UNFAIR PRACTICE OR DISCRIMINATORY PRACTICE: Those practices specified as unfair or discriminatory in sections 216.6, 216.7, 216.8, 216.8A, 216.9, 216.10, 216.11, and 216.11A o1' the Code of Iowa, as amended, or this Title. 2 (Ord. 94-3647, 11-8-1994; amd. Ord. 95-3697, 11-7-1995; Ord. 97-3785, 5-20-1997; Ord. 00- 3921, 3-7-2000) 2-1-2: PURPOSE: It is the purpose of this Title to protect citizens of the City against "discrimination" as defined in this Chapter. Moreover, this Title provides for execution within the City of the policies of the Iowa Civil Rights Act of 1965, as amended, the Federal Civil Rights Acts, as amended, the preamble and part I (articles 1-7) of the "International Convention on the Elimination of All Forms of Racial Discrimination (1966)", as amended, and the promotion of cooperation among the City, State and Federal agencies which are charged, presently and in the future, with enforcing these Acts and instruments. (Ord. 94-3647, 11-8-1994) 2-1-3: CONSTRUCTION: This Title shall be construed broadly to effectuate its purpose, and shall be enforced by the Iowa City Human Rights Commission consistent with the intent, language and spirit of the preamble and part I (articles 1-7) of the "International Convention on the Elimination of All Forms of Racial Discrimination (1966)", as amended. However, the construction and enforcement of the preamble and part I of said International Convention shall in no event operate to diminish protection that otherwise exists under this Title, the Iowa Civil Rights Act, as amended, the Federal Civil Rights Acts, as amended, or the constitution of the State of Iowa, as amended, or the Constitution of the United States of America, as amended. (Ord. 94-3647, 11-8-1994) CHAPTER 2: HUMAN RIGHTS COMMISSION 2-2-1: COMMISSION ESTABLISHED; GENERAL DUTIES: There is hereby established the Iowa City Human Rights Commission whose dutyies shall be to disseminate information, and educate the public on illegal discrimination and human rights, provide the,"'--'";-'*;........~...., ......., ...., ...,,.......,;';"*; ...., ......'~ enforcement necessary to further the goals of this Title Title, and te protect citizens from unfounded charges of discriminatory practices. (Ord. 94-3647, 11-8-1994) 2-2-2: POWERS: The Commission created by this Chapter shall have the following powers to: A. Receive,.,..~.,~.~ ..... *~""*" .., ...""'~ ..~.~....,..~'~"*"-"'~"" "',.,.. .... ,.,..,,...~*~ cf complaints alleging unfair or discriminatory practices. B. Investigate and study the existence, character, causes and extent of discrimination in the areas covered by this Title, and to eliminate discrimination by education,, ccnciliaticn and enforcement where necessary. C. Issue publications and reports of the research and investigations of the Commission subject to the limitations of confidentiality. D. Prepare and transmit to the City Council from time to time, but not less offen than once each year, reports describing the proceedings, investigations, hearings, decisions and other work performed by the Commission. E. Make recommendations to the City Council for such further legislation concerning discrimination as it may deem necessary and desirable. F, _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 Title, and in the planning and conducting of programs designed to eliminate racial, religious, cultural and other intergroup tensions. ..................................... J ....... ~ .........z ..........u ...... ~ ............... ve action ..... '~ ....... '~ "' ...... ;~" ~ "" ...... ;""" without 3 -Educate the public on human rghts and illeqal discrimination, such as organizinq and facilitating educational public forums that address one or more of the broad range of topics included within the rubric of human r ¢thts. , ........ injuncfie~ve relief as may be appropriate to preserve the rights of the I. Seek a .....~. .... complainant and the public interest ag .......... ~. ........ when it appears that a complainant may be euffe¢ irreparablev injuryed before a public hearing can be called to determine the merits of the corn aint. as a ............... ~ .............................. ~- .... ¢ ,,,~ ......... ,~ ........................................... ~ ........ ~ ........... rd. 94-3647, 11-8- 1994) J. Issue subpoenas and order discovew as provided by this Section to aid in investigations of allegations of discrimination. The subpoenas and discovew may be ordered to the same extent and are subject to the same limitations as subpoenas and discovew in a civil action in Cou~ This, ~*~- District . ~,,~,, '~ -"~' , .... (Ord. 95-3697, 11-7-1995) fl ........~ ....... 4, 2-2-3: STRUCTURE: The Commission shall consist of nine (9) members, appointed by vote of the City Council. Appointees shall se~e 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. Appointments shall take into consideration men and women of the various racial, religious, cultural, social and economic groups in the City. (Ord. 94-3647, 11-8-1994) 2-2-4: RECORDS TO BE PUBLIC; EXCEPTIONS: The disclosure of information, whether a charge has been filed or not, or revealing the contents of any file is prohibited except in the followinq circumstances: 1. A written request is received by a padv or pady's attorney followinq a probable cause determination. 2. If the Commission has issued a riqht-to-sue letter, a pady or a pady's a~orney may have access to the Commission case file on that complaint. B. No member of the Commission or cf itc staff-shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatow or unfair practice by conference, mediation, conciliation or persuasion, except as may be necessaw to conduct an investigation of a complaint. Nothing in this Section shall prevent the Commission from releasing such info~ation concerning alleged or acknowledged discriminatow practices to the State Civil Rights Commission, the United States Civil Rights Commission, the Federal Equal Employment Oppodunity Commission, and other agencies or organizations whose primaw purpose is the enforcement of civil rights legislation. This Section does not prevent any complainant, 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. (Ord. 94-3647, 11-8-1994) CHAPTER 3: DISCRIMINATORY PRACTICES 2-3-1: EMPLOYMENT; EXCEPTIONS: 4 A. It shall be unlawful for any employer to refuse to hire, accept, register, classify,,-~-u,' ..... ,,,-,-'~" promote or refer for employment, or to otherwise discriminate in employment against any other person or to discharge any employee because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. B. It shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprenticeship or training or any member in the privileges, rights or benefits of such membership, apprenticeship or training because of age, color, creed, disability, gender identity, marital status, national odgin, race, religion, sex or sexual orientation of such applicant or member. 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, objectionable or not solicited for employment or membership because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) D. Employment policies relating to pregnancy and childbirth shall be governed by the following: 1. A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this Title. 2. Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment or any written or unwritten employment policies and practices involving terms and conditions of employment as applied to other temporary disabilities. E. It shall be unlawful for any person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization or their employees, agents or members and an employee or prospective employee concerning employment, pay or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this subsection do not apply if the State epidemiologist determines and the Director of Public Health declares through the utilization of guidelines established by the Center for Disease Control of the United States Department of Health and Human Services, that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human immunodeficiency virus to other persons in a specific occupation. F. The following are exempted from the provisions of this Section: 1. Any bona fide religious institution or its educational facility, association, corporation or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution shall be presumed to be a bona fide occupational qualification. (Ord. 94-3647, 11-8-1994) 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 discriminate among the disabled or elderly on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) 3. The employment of individuals for work within the home of the employer if the employer or members of the family reside therein during such employment. 4. The employment of individuals to render personal service to the person of the employer or members of the employer's family. 5. :Fe The employment 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 5 business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. 6. A State or Federal program designed to benefit a specific age classification which serves a bona fide public purpose. 7. Te The employ.rnent on the basis of disability in those certain instances where presence of disability is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (Ord. 94-3647, 11-8-1994) 2-3-2: PUBLIC ACCOMMODATION; EXCEPTIONS: 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 accommodation because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. This section shall not apply to discounts for services or accommodations based upon age. (Ord. 00-3950, 11-7-2000) 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 age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) C. This 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 a bona fide religious purpose. (Ord. 94-3647, 11-8-1994) D. Public accommodations may be designated specifically for the elderly and disabled. However, public accommodations may not be restricted among the elderly and disabled on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) 2-3-3: CREDIT TRANSACTIONS; EXCEPTIONS: A. Consumer Credit: It shall be unlawful for any creditor to refuse to enter into any consumer credit transaction or to impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. B. Extension Of Credit: it shall be unlawful for any person authorized or licensed to do business in this state pursuant to chapters 524, 533, 534, 536, or 536A of the code of Iowa, as amended, to refuse to loan or to extend credit or to impose terms or conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. C. insurance: 1. It shall be unlawful for any creditor to refuse to offer credit, life or health and accident insurance because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. 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 be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting considerations not prohibited by title XIII, subtitle 1, code of Iowa, as amended. (Ord. 95-3697, 11-7-1995) 2. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this title. bC ~,.,.,i,~,~,,.,* ....... *,,--. jf .... ~- ,~,-,-~".~ ~,' ~,~'~ '-'" ~ .................... ............................................ · ..... ~, ..........................rd. 94-3647, 11-8-1994) 2-3-4: EDUCATION: 6 A. It shall be an Unfair or discriminatory practice for any educational institution to discriminate on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation in any program or activity. Such discriminatory practices shall include, but not be limited to, the following practices: 1. Exclusion of a person or persons from participation in, denial of the benefits of, or subject to discrimination in any academic, extracurricular, research, occupational training or other program or activity. 2. Denial of comparable opportunity in intramural and interscholastic athletic programs. 3. Discrimination among persons in employment and the conditions of employment. 4. On the basis of sex, the application of any rule concerning the actual or potential parental, family or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions dependent upon the physician's diagnosis and certification. (Ord. 95-3697, 11-7-1995) B. For the purpose of this section, "educational institution" includes any preschool, elementary, secondary or merged area school, area education agency or post-secondary college and their governing boards, with the exception that this section shall not include the university of Iowa or any other educational division of the state. C. This section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based on religion when such qualifications are related to a bona fide religious purpose or any institution from admitting students of only one sex. (Ord. 94-3647, 11-8-1994) 2-3-5: AIDING OR ABETTING; RETALIATION; INTIMIDATION: It shall be an unfair or discriminatory practice for: A. Any person to intentionally aid, abet, compel or coerce another person to engage in any of the practices declared unfair or discriminatory by this Title. B. Any person to discriminate against another person because such person has either lawfully opposed any discriminatory practice forbidden by this Title, obeyed the provisions of this Title, or has filed a complaint, testified, or assisted in any proceeding under this Title. (Ord. 94-3647, 11-8-1994) C. Any person to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Section 2-3- 1, 2-3-2, 2-3-3, 2-3-4, 2-5-1, or 2-5-3 of this Title. (Ord. 97-3785, 5-20-1997) CHAPTER 4: ENFORCEMENT 2-4-1: PERSONS WHO MAY FILE COMPLAINTS; METHOD OF FILING COMPLAINT; AMENDING COMPLAINT AND ANSWER; WITHDRAWAl-: A. All persons claiming to be aggrieved by a discriminatory or unfair practice within this City may, by themselves or by counsel make, 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 committed the discriminatory or unfair practice of which complained, shall set forth the particulars thereof, and shall contain such other information as may be required by the Commission. (Ord. 94-3647, 11-8-1994) B. Upon the filing of a complaint~ the Ccmm!~s~o,mHuman Ri,qhts Coordinator shall serve notice on the complainant acknowledging the filing and advising the complainant of the time limits and choice of forums provided under the law. (Ord. 97-3785, 5-20-1997) C. The Commission, a commissioner, the City Attorney or any other person aware of the existence of a discriminatory practice may in like manner make, sign and file such complaint. D. Complaints and Answers may be amended as follows: 1. The · ' complainant shall have the power to,..,~..v,,.~..,.~'~ .... .~,,..'~ ~"~'~",~,,,, amend any complaint at any time prior to the Human Riqhts Coordinator's probable cause recommendation. 7 2. The Human Riqhts Coordinator shall have the power to amend any complaint after a probable cause findinq and prior to the decision to have a public hearing. 3. At the discretion of the administrative law judqe, the complaint may be amended after the decision to have a public hear ng. 4. ,end tThe respondent shall have like power to amend such respondent's answer, at any time ~'rior to hearing, and thereafter at the discretion of the administrative law iudqe. 5. Amendments to the complaint and answer alleging additional acts which constitute unfair or discriminatory practices related to or qrowinq out of the subject matter of the or ginal complaint will relate back to the date the or.qinal complaint or answer was filed. (Ord. 94-3647, 11-8-1994; amd. Ord. 97-3785, 5-20-1997) E. A claim under this Title shall not be maintained unless a complaint is filed with the Commission within one hundred eighty (180) days after the alleged discriminatory or unfair practice occurred. (Ord. 97-3785, 5-20-1997) F. A verified copy of a complaint filed with the State Civil Rights Commission, or its successor, under the provisions of chapter 216, Code of Iowa, as amended, or EEOC, or its successor, shall be sufficient complaint for the purpose of this Title if it alleges either in the text thereof or in accompanying statements that the alleged discriminatory practice occurred within this City. G. A complaint or any part thereof may be withdrawn by the complainant at any time prior to the notice of the public hearinq and thereafter at the discretion of the Commission. However, nothing herein shall preclude the Human Rights Coordinator from continuinq the nvest.qation and initiatinq a complaint on the Commission's behalf against the oriqinal respondent whenever it deems it in the public interest. (Ord. 94-3647, 11-8-1994; amd. Ord. 97-3785, 5-20-1997) 2-4-2: INVESTIGATION OF COMPLAINTS; PREDETERMINATION SETTLEMENT: A. After the filing of a verified complaint, a true copy shall be served within ,,,,,,,.,, ~/~n~,'~ twenty (20) days by certified mail on the person against whom the complaint is filed. Service is effective upon mailing. B. Upon the filing of a complaint the Human Riqhts Coordinator ................... shall promptly serve notice on the respondent or person charged with the commission of a discriminatory housing practice advising them of his or her procedural rights and obligations under the law or ordinance together with a copy of the complaint. C. The Human Riqhts Coordinator Commlcc!c.q_-must commence proceedings with respect to the complaint before the end of the thirtieth (30th) day after receipt of the complaint. (Ord. 97-3785, 5-20-1997) The Human Rights Coordinator Ccmmi.~clc,". may draft and mail to the parties a written questionnaire/document requests to which respondent and complainant are required to respond. Answers and documents are to be received by the Human Rights Coordinator's office within thirty (30) days of the receipt of the questionnaire/document request unless an Coordinator_. or In .....~ ..... extension has been granted by the ' ' ' D. After reviewing materials responsive to the questionnaire/document request, the Human Rights Coordinator shall determine whether the complaint warrants further investigation, If the Human Rights Coordinator finds there is a reasonable possibility of a probable cause determination or the legal issues present in the complaint need further development, the Riqht -',.*~----~-'"'~ "'""'~'~' cf *~'" r...~.~.;~..,.,.. ~,...~ shall Human s Coordinator, or c.q ............................................... promptly resume the investigation ofate the complaint. A complaint determined by the Coo .......... Human Human Rights Coordinator not to warrant further processing by the Rghts office shall be reviewed by the City Attorney c,~,d" u ..... D~,,,. ,-,~,,,;,.~,,~ ~-,,.~ If the Ccm,,micc!c,", tccm City Attorney determines that the complaint does not warrant further investigation, it shall be administratively closed. Notice of such closure shall be promptly served upon the complainant and the respondent by certified mail. Service is effective upon ma ling. Such notice shall state the reasons for administrative closure. E. A complainant may object to the administrative closure and request review within teR twenty (~-_20) days of,......,~..'"'* cf '"'~+...,....,, .... ..~......+~"~' service. If a complainant makes a timely wdtten request for review of the administrative closure, the Human Rights Coordinator, and '"~*" ~;..~.,.. r...,..~;...;..,. *...... ptly pi ^** ........,~ *~... u ..... , .,u ......................... shall prom review the corn ainant's request and all relevant material and inform the City Attorney of said review. If, after review then by the City Attorney, it is determined that -, the Hu,,mcn ,-,~,,.~D~"~'*" ,-,,.....~..,,......,,.,,,,~,.., .... .~,,,~ ......... ~ ........................................... com aint does not warrant further processing, the Cc,re. miss!Ch Human Riqhts Coordinator shall close the file and notify the complainant and respondent of the final decision of administrative closure. If, after review, the Ccmmiccicn icc,m, the City Attorney determines that there is a reasonable possibility of a probable cause determination or the legal issues presented in the complaint need further development, the....,,,,.,~,,~";"*,. a egations, ...... wdl be investigated further. (Ord. 97-3814, 12- 9-1997) F. A complaint may be administratively closed at any time if the complainant cannot be contacted after diliqent efforts or is uncooperative causinq unreasonable delay in the processinq of a complaint. GF. A~+~. +~- ..... ;~.~,~ .... ,,.~..+ ;,- r,,...~ Up pi ........ ~ .... -- , ......................~. ..............on com etlon of the nvestiqation, the ~ ..... Human Riqhts Coordinator shall issue a written investigative summary and recommendation to the City Attorney as to whether probable cause exists that the person charged in the complaint has committed a discriminatory practice. HO. After receipt of thein' "~-+;""+"'~"~ ..... wr"*"" ; ..... +;'-"+;,,'-~ ..... summary and recommendation ..... '~; ..... ~'"~" ....... the City Attorney shall issue a written opinion as to Ccm,m, icc!c,", whether probable cause exists to believe a discriminatory practice occurred as alleged by the complainant. II~, Any time after a complaint is filed under this Title, but before the ' · ~n ..... u ....Human R ghts the in ..... u ....Human Rights Coordinator issues a recommendation to the City Attorney, ' .... Coordinator may seek a disposition of the comp ant through a predetermination settlement; ,~,...~ ............. · ................................. , ................. ~. rd. 94-3647, 11-8- 1994; amd. Ord. 97-3785, 5-20-1997; Ord. 97-3814, 12-9-1997) {J A complaint may be closed as satisfactorily adjusted when the respondent has made an offer of settlement acceptable to the Human Rights Coordinator but not the comulainant. Notice of intended closure shall state the reasons for closure and be served by certified mail upon the complainant. The complainant shall be allowed thirty (30) days to respond in writinq to the Human Riqhts Coordinator either statinq the reasons why the offer is unacceptable~ or te accepting the offer. The Human Rights Coordinator will review and consider the response before makinq a closure decision. K The complainant or respondent may request mediation of the complaint at any time durinq the complaint process prior to the probable cause determination. Mediation shall not be undertaken unless both the complainant and respondent agree to participate. Mediation may be discontinued at the request of either party. If the complainant and respondent do not reach a mediation agreement, the complaint process shall continue to resolution as provided in this Section. 1. A mediation aqreement is an agreement between the respondent and complainant. It is not subiect to review or approval of the Commission, 2. All verbal or written information relating to the subiect matter of a mediation agreement and transmitted between either the complainant or respondent and a mediator to resolve a complaint filed under this chapter, whether reflected in notes, memoranda, or other work product, is confidential as provided in §2-2-4(B) of this Title, 2-4-3: PROCEEDINGS ON COMPLAINTS~ PROBABLE CAUSE: I 9 t~A. If the e u ..... ~,-~-*" '"'-"'"'~"-~"" *-"'" City Attorney finds that probable cause exists regarding the allegations of the complaint, the tcc. m Human Ri,qhts Coordinator shall notify the complainant and the respondent of the finding. The Human Riqhts Coordinator,~,,.~""'~ r,.,,...,.~ ^** ........'~ shall promptly endeavor to eliminate the discriminatory or unfair practice by conference, conciliation and persuasion. CB. If the u ..... ~"~'*~ "'"'"'~"" *""~' City Att _ , ........... ~ ......................... orney finds that no probable cause exists, the tccm Human Riqhts Coordinator -shall issue a written finding dismissing the complaint and notifying the parties of the complainant's right to appeal the finding. Thc tc3m .~, ccp;' Notice of the no probable cause determination shall be promptly maile._d.d =ccpy to the complainant and to the respondent by certified mail. Service is effective upon mailing. (Ord. 94.3647, 11-8-1994; amd. Ord. 97-3814, 12-9-1997) DC. A complainant may object to the finding of no probable cause within ten (10) days of receipt ofthe .... ................. ;*'"" ~"'~ .... ~ .... '~ notice. If a complainant makes a timely written request for review of the finding, thc ccnc!!!ct!cn tccm the Human Rights Coordinator shall hear the complainant's evidence ............ scss:cn within thirty (30) days of the request for review and inform the City Attorney of said review. If no probable cause is again the finding after further review by the City Attorney, the '-.,cnc!l!ct!c~ tccm Human Riqhts Coordinator shall notify the complainant in writing of the decision, and shall close the file. If the ccncillctlcn *'-'-'-- ...... City Attorney; ........ ..... *~'-'-*'--"., ..... findss probable cause after review, the ~, ......... ..... "Human Riqhts Coordinator shall proceed with efforts to eliminate the discriminatory or unfair practice by conference, conciliation and persuasion. (Ord. 94-3647, 11-8-1994) ED. In connection with housing discrimination complaints under Chapter 5 of this Title, the Ccmmlsslcn "~'"" ....... final administrative disposition of a complaint shall be made within one year of the date of receipt of a complaint, unless it is impracticable to do so. If final administrative disposition within one year is impracticable, . ,, ....'~" .~,"'- it the Human Rights Coordinator shall notify the complainant and respondent in writing. (Ord. 97-3785, 5-20-1997) 2-4-4: CONCILIATION PROCEDURES: A. Tho ccncilicticn tccm Following the probable cause determination, the Human Riqhts Coordinator shall endeavor to eliminate the discriminatory or unfair practice by conciliation, conference and persuasion for a period of,"~"""',,,,.... thirty ~JO-)-(30) days following the initial conciliation meeting ~'"~' ..... with the respondent ""'~ *~' ~;"'~;"" ~'~ "'"~'"~'"' , ...... · ~ thirty (30)days, the ........ . ~, ~. ....... ccusc. After the expiration of -;-~*" '"-~"~;~;'-" Human Riqhts Coordinator with ~' ......... ' cf "'" "';*" ^** ...... may order the conciliation conference and persuasion procedure to be bypassed if the Ccmm!cc!cn dctc,,'m, inc,s the procedure is determined to be unworkable by reason of past patterns and practices of the respondent, or a statement by the respondent that the respondent is unwilling to continue with the conciliation. The Cc,,m,,mlsclcn Human Riqhts Coordinator shall state in writing the reasons for bypassing further conciliation efforts. This stctcmcnt ...... .~..,.,, ,h.. ~i .... i,;,.,. ~.l..., bc '""' .... "' to .... ;"' .......... .... '";"""* ""'~ *~' ....... '~""* A conciliation agreement shall become effective after it has been signed by the respondent, or authorized representative, the complainant, or authorized representative, and by the Human Rights Coordinator on behalf of the Ceommission. Copies of the aqreement shall be served on all parties. The Commission ...... shall be, ~. ..... ~nformed of the *" *~'" agreement ....................... C. The terms of a conciliation agreement reached with the respondent may require the respondent to refrain in the future from committing discriminatory or unfair practices of the type stated in the agreement; to take remedial action which, in the judgment of the Cc,m,,,m~sslc,'~c,'~d Human Riqhts Coordinator, will carry out the purposes of this Title; and to consent to the entry in an appropriate District Court of a consent decree embodying the terms of the conciliation agreement. Violation of such a consent decree may be punished as contempt by the Court in which it is filed, upon a showing by the ............... Human Rights 10 Coordinator of the violation at any time within six (6) months of its occurrence. In all cases in which a conciliation agreement is entered, the Corem!cc!on Human Riqhts Coordinator shall issue an order stating its terms and furnish a copy of the order to the complainant, the ................ oord~nator deems proper. At any respondent, and such other persons as the "'""'~'"~"'"' ' time, in its discretion; o_~f the Commlcclcn Cccmmiccicn Human Rights Coordinator, the Coordinator may investigate whether the terms of the agreement are being complied with by the respondent. Upon a finding that the terms of the conciliation agreement are not being c ................. shall take complied with by the respondent, the Human Riqhts Coordinator '"' .... ;"~;"" appropriate action to assure compliance. 2-4-5: REMEDIAL ACTION: For the purposes of this Title, remedial action includes, but is not limited to, the following: A. Hiring, ' relnstat ........ ~ or,.~,~,,,,,.,,~ promoting, of employees with or without pay. Interim earned income and unemployment compensation shall operate to reduce the pay otherwise allowable. B. AdmiSsion or restoration of individuals to a labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, with the utilization of objective criteria in the admission of individuals to such programs. C. Admission of individuals to a public accommodation or an educational institution. D. Sale, exchange, lease, rental, assignment or sublease of real property to an individual. E. Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges and services of the respondent denied to the complainant because of the discriminatory or unfair practice. F. Reporting as to the manner of compliance. G. Posting notices in conspicuous places in the respondent's place of business in a form prescribed by the Commission and inclusion of notices in advertising material. H. Payment to the complainant of damages caused by the discriminatory or unfair practice which ...... may include actual damages, emotional distress damages, front pay, court costs and reasonable attorney fees. I. In addition to the remedies in the preceding provisions of this Section, the Commission may issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take such affirmative action as in the judgment of the Commission will carry out the purposes of this Chapter as follows: 1. In the case of a respondent operating by virtue of a license issued by the State or a political subdivision or agency, if the Commission, upon notice to the respondent with an opportunity to be heard, determines that the respondent has engaged in a discriminatory or unfair practice and that the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of their employment, the Commission shall so certify to the licensing agency. Unless the practice is reversed in the course of judicial review, the finding of discrimination is binding on the licensing agency. If a certification is made pursuant to this subsection, the licensing agency may initiate licensee disciplinary procedures. 2. In the case of a respondent who is found by the Commission to have engaged in a discriminatory or unfair practice in the course of performing under a contract or subcontract with the State or political subdivision or agency, if the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board or executive agent acting within the scope of their employment, the Commission shall so certify to the 11 contracting agency. Unless the Commission's finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimination is binding on the contracting agency. 3. Upon receiving a certification made under this subsection, a contracting agency may take appropriate action to terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with the provisions of this Title, and assist the State and all political subdivisions and agencies thereof to refrain from entering into further contracts. J. The election of an affirmative order under subsection B of this Section shall not bar the election of affirmative remedies provided in subsection A of this Section. (Ord. 94-3647, 11- 8-1994) K. In connection with housing discrimination complaints under Chapter 5 of this Title, the Commission may, to vindicate the public interest, assess a civil penalty against the respondent in an amount not to exceed those established by Code of Iowa chapter 216.15A, as amended. Funds collected under this Section shall be paid to the City for deposit to the City Treasury to the credit of the General Fund. (Ord. 97-3785, 5-20-1997) L. Any other relief that the administrative law judqe finds to be appropriate. 2-4-6 ........ ~.N'D HErA RI,",'G: CONTESTED CASES: ,r,,~ ,",,-,,*,,,~,;,.,.;,~,-, C,~ ~ ...... ,., ................... ~. A. A~P~eeeeute~/~Lit(qation Worthy. Upon notification by the Human Riqhts Coordinator that conciliation has been bypassed or unsuccessful, the City Attorney shall form an opinion as to whether the case is litigation worthy and make a recommendation to two (2) members of the Commission whether the case should be dismissed or proceed to public hearing. If both members of the Commission wish to proceed contrary to the recommendation of the City Attorney, they may authorize the Human Ri.qhts Coordinator to do so. Otherwise, the Human Rights Coordinator shall dismiss the case or proceed to public hearinq in accordance with the recommendation of the City Attorney. B. Representative ofcomrnission. The _Ceommission's case in support of the complaint shall be presented by the City Attorney or designee. B. C. Statement of cha~qes. comp ant -proceedsmfl. to public hearinq, the Human Rights Coordinator shall prepare a written statement of charges in support of the complaint, which shall contain: a. An allegation that the respondent is a proper respondent within the meaning of and subiect to provisions of this Title. b. A factual allegation or allegations of an unfair or discriminatory practice or practices, substantially as uncovered in the investigation, stated in the complaint (including amendments thereto), or stated in the probable cause decision. 2. A statement of charges is sufficient if it: a. Names the respondents and complainants; 12 b. States the section(s) of the code alleged to be violated; and c. Incorporates by reference the complaint and any amendments to the complaint. 3. The statement of charges shall also specifically identify all allegations, if any, in the complaint, as amended, which: a. Have been closed by other than a probable cause finding, or b. The commission has elected not to prosecute despite a probable cause finding. 4. None of the alleqations identified pursuant to 2-4-6B(3) shall be considered as a claim of discrimination in the contested case proceedinq, but evidence on such alleqations may be considered when relevant to other allegations of discrimination or as background evidence. CD. Scheduling conference. The administrative law judge may set the matter for a scheduling conference in order that the parties, including the commission, and the presiding officer may arrive at a mutually agreed date for the public hearing. DE. Notice of hearing. Delivery of the notice of hearing constitutes the commencement of the contested case proceeding. Delivery shall be executed by any of the following means: certified mail with return receipt requested, personal service as provided in the Iowa Rules of Civil Procedure, first-class mail, or publication as provided by the Iowa Rules of Civil Procedure to all interested parties or their attorneys at least 30 days before the date of the hearing. Certified mail return receipts, returns of service, or similar evidence of service shall be filed with the presidinq officer. The notice shall include: 1. The time and place of hearing; 2. The nature of the hearing, the leqal authority and jurisdiction under which the hearinq is being held; 3. A short and plain statement of the matters asserted. This requirement may be satisfied by a statement of the issues as described by the statement of charges or an incorporation of the attached statement of charges; 4. The reference to the sections of this Title involved; 5. Identification of all parties includinq the name, address and telephone number of the person who will act as advocate for the commission and of parties' counsel where known; and 6. Identification of the administrative law judge. EF.Answer to notice of hearinq. The respondent is encouraged to file an answer to the allegation contained within the notice of hearinq within 20 days of the service of the notice of hearing. Answers are encouraged as a means of sharpeninq the issues and preservinq claimed error. FG. Default. {1) If a party fails to appear or participate in a contested case proceeding after proper service of notice, the administrative law iud.qe may, if no adjournment is .qranted, enter a default decision or proceed with the hearing and render a decision in the absence of the party. (2) Default decisions or decisions rendered on the merits after a party has failed to appear or participate in a contested case proceeding become final agency action unless, within 15 days after the date of notification of mailinq of the decision, a motion to vacate is filed and served on all parties or an appeal of a decision on the merits is timely initiated. (3) "Good cause" for purposes of this rule shall have the same meaning as "good cause" for setting aside a default iudgment under Iowa Rule of Civil Procedure~.1.977. GH. Filing and service of documents. After the notice of headnq, all pleadings, motions, documents or other papers shall be filed with the administrative law judge with a copy to parties of record, with separate 13 copies to the City Attorney. Except as provided by these rules, the Iowa Rules of Civil Procedure pertaininq to discovery, or other laws, all pleadings, motions, documents or other papers that are required to be served upon a party shall be filed simultaneously with the administrative law iudge. HI. Discovery. (1) Discovery procedures applicable in civil actions as set forth in the Iowa Rules of Civil Procedure, are applicable in contested cases. Unless lengthened or shortened by these rules or by order of the administrative law iudqe, time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Procedure. (2) When discovery of information from the complainant is sought, discovery should be made upon the complainant with a copy thereof provided to the City Attorney. When discovery of information from the commission is sought, discovery should be made upon the commission with a copy thereof provided to the complainant or the complainant's representative. ~J. Subpoenas. (1) A Commission subpoena shall be issued to a party upon request. Such a request should be in writinq, but oral requests may be honored by the administrative law iudae. The request shall include the name, address, and telephone number of the requesting party. (2) Parties are responsible for service of their own subpoenas and payment of witness fees and mileage expenses. JK. Motions. {1) No technical form for motions is required. However, prehearin,q motions must be in writing, state the grounds for relief, and state the relief sou.qht. Any motion for summary judgment shall comply with the Iowa Rules of Civil Procedure. Motions made during the hearing may be stated orally upon the record. {2) Any party may file a written response to a motion within 14 days after the motion is served, unless the time period is extended or shortened by the administrative law judge. {3) Motions for summary judgment shall comply with the requirements of the Iowa Rules of Civil Procedure 1.981. KL. Prehearinq conferences. Upon the administrative law judge's own motion or the motion of the parties, the administrative law judqe may direct the parties or their counsel to meet with the administrative law judge for a conference to consider: (1) Simplification of issues; (2) Necessity or desirability of amendments to pleadings for purposes of clarification, simplification, or limitation; (3) Stipulations, admissions of fact and o[ contents and authenticity of documents; (4) Limitation of number of witnesses; (5) Scheduling dates for the exchange of witness lists and proposed exhibits; (6) Identifying matters which the parties intend to request be officially noticed; and (7) Such other matters, including discovery matters, as may tend to expedite the disposition of the proceedings. t=M. Continuances. Unless otherwise provided, applications for continuances shall be made to the administrative law judge. MN. Disqualification. ^ person shall not be appointed as an administrative law judge and an administrative law iudqe shall withdraw from participation in the making of any proposed or final decision in a contested case if that person: 14 (1) Has a personal bias or prejudice concerning a party or a representative of a party; (2) Has personally investigated, prosecuted or advocated in connection with that case, the specific controversy underlyinq that case, another pending factually related contested case, or a pendinq factually related controversy that may culminate in a contested case involvinq the same parties; (3) Is subject to the authority, direction or discretion of any person who has personally investiqated, prosecuted or advocated in connection with that contested case, the specific controversy underlyinq that contested case, or a pendinq factually contested case or controversy involvinq the same parties; (4) Has acted as counsel to any person who is a private party to that proceedinq within the past two years, unless all parties aqree to the administrative law judqe; (5) Has a personal financial interest in the outcome of the case or any other significant personal interest that could be substantially affected by the outcome of the case; {6) Has a spouse or relative within the third degree of relationship that: a.) is a party to · the case, or an officer, director or trustee of a party; b.) is a lawyer in the case; c.) is known to have an interest that could be substantially affected by the outcome of the case; or d.) is likely to be a material witness in the case; or (7) Has any other legally sufficient cause to withdraw from participation in the decision- making in that case. NO. Ex parte communication. Unless required for the disposition of ex parte matters specifically authorized by this Title or the Iowa Rules of Civil Procedure, following issuance of the notice of hearinq, there shall be no communication, directly or indirectly, between the administrative law judge and any party or representative of any party or any other person with a direct or indirect interest in such case in connection with any issue of fact or law in the case except upon notice and opportunity for all parties to participate. OP. Powers of administrative law iud.qe. The administrative law iudcle who presides at the hearinq shall have all powers necessary to the conduct of a fair and impartial hearing including, but not limited to, the power to: (1) Conduct formal hearing sin accordance with the provisions of this title; (2) Administer oaths and examine witnesses; (3) Compel the production of documents and appearance of witnesses in control of the parties; {4) Issue subpoenas; (5) Issue decisions and orders; (6) Rule on motions, and other procedural items or matters; (7) Require the submission of briefs; (8) Issue such orders and rulinqs as will ensure the orderly conduct of the preceedinqs; (9) Receive, rule on, exclude or limit evidence and limit lines of questioning or testimony which are irrelevant, immaterial, or unduly repetitious; (10) Maintain the decorum of the hearing including the power to refuse to admit or to expel anyone whose conduct is disorderly; (11 )Take any action authorized by these rules; and (12) Impose appropriate sanctions against any party or person failinq to obey an order; lQ. Hearinq procedures. (1) Objections. All objections shall be timely made and stated in the record. Any objection not duly made before the -administrative law judge shall be deemed waived. (2) Representation of parties. Parties have the right to participate or to be represented in all hearings or prehearinq conferences related to their case. (3) Rights of parties. Subiect to terms and conditions prescribed by the administrative law judqe, parties have the right to introduce evidence on issues of material fact, cross- examine witnesses present at the hearinq as necessary for a full and true disclosure of the facts, present evidence in rebuttal, and submit briefs and enqage in oral arqument. 15 (4) Sequestration of witnesses. At the request of a party or sua sponte, the administrative law judqe may order witnesses sequestered so they cannot hear the testimony of other witnesses. (5) Contents of record. The record in a contested case before the administrative law judge shall include: a. All pleadings, motions, and rulinqs; b. All evidence received or considered and all other submissions; c. A statement of matters officially noticed; d. All questions and offers of proof, objections, and rulings thereon; e. All proposed findings and exceptions; f. Any decision, opinion, or report by the administrative law judge at the hearinq. Deliberations of the commission when deciding whether to adopt a proposed decision are not part of the record unless expressly made part of the record by order of the commission or the administrative law judge. QR. Evidence. (1) The administrative law judge shall rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law. (2) Stipulation of facts is encouraged. (3) Evidence in the proceeding shall be confined to the issues as to which the parties receive notice prior to the hearing unless the parties waive their riqht to such notice by express or implied waiver, or the administrative law judge determines that good cause justifies their expansion. (4) Although the rules of evidence do not apply in a contested case hearinq, a findinq shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a jury trial. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The administrative law judge shall give effect to the rules of privilege recognized by law. (5) No evidence shall be received at any hearing concerninq offers or counter-offers of adjustment during efforts to conciliate or settle an alleged unfair or discriminatory practice. (6) The burden of proof shall be by a preponderance of evidence. RS. Evidence of past sexual practices. (1) Discovery. In a contested case alleging conduct which constitutes sexual harassment, a part,/ seeking discovery of information concerninq the complainant's sexual conduct with persons other than the person who committed the alleged act of sexual harassment, must establish specific facts showing good cause for discovery, and that the information sought is relevant to the subject matter of the action, and reasonably calculated to lead to the discovery of admissible evidence. (2) Evidence. In a contested case against a respondent who is accused of sexual harassment, or whose aqent or employee is accused of sexual harassment, evidence concerning the past sexual behavior of the alleqed victim is not admissible. ST. Cost of copies of record. Upon request by a party the commission shall provide a copy of the whole or any portion of the record at cost. The cost of preparinq a copy of the record shall be paid by the requestin.q party. T-U.Posthearinq briefs. (1) The -administrative law judge may fix times for submission of posthearing briefs. Unless otherwise ordered, such briefs shall be filed simultaneously by all parties and there shall be no Da(~e limit nor any other formal reauiraments. (2) Reply briefs. If simultaneous bdefs are filed then any party may file a reply brief within 10 days after service of the brief to which the reply is made. 16 U. Requests to present additional evidence. {1) In general. A party may request the takinq of additional evidence only by establishing that the evidence is material, that qood cause existed for failure to present the evidence at the hearinq, and that the party has not waived the right to present the evidence. (2) If a request to present additional evidence is made after the issuance of the proposed decision, then the request must be filed with the appeal or, by a nonappealinq party, within 14 days after the service of the appeal. If the commission grants the motion to present additional evidence, the commission shall remand the case to the administrative law judge for the taking of the additional evidence and any appropriate modification of the proposed order. V. Proposed decision. After a review of the transcript, the evidence, and the briefs, the administrative law judge shall set forth, in writing, findings of fact, conclusions of law, and a proposed decision and order. The proposed decision becomes the final decision of the commission without further proceedinqs unless there is an appeal to, or review on motion of, the commission within 3u days. W. Review of proposed decision on appeal to the commission. (1) Appeal by party. Any adversely affected party may appeal a proposed decision to the commission within 30 days after issuance of the proposed decision. (2) Review. The commission may initiate review of a proposed decision on its own motion at any time within 30 days fol ow ng the issuance of such a decision. (3) Notice of appeal. An appeal of a proposed decision is initiated by filing a timely notice of appeal with the commission. The notice of appeal must be signed by the appealinq party or a representative of that party and contain a certificate of service. The notice shall specify: a. The parties initiating the appeal; b. The proposed decision or order appealed from; c. The specific findinqs or conclusions to which exception is taken and any other exceptions to the decision or order; d. The relief sought; and e. The grounds for relief. (4) Oral arqument. All parties or their attorneys shall be allowed ten minutes to present oral argument to the commission whenever the commission reviews a proposed decision pursuant to this rule. The commission may, in its discretion, allow oral arqument to continue Ionqer. {5) Briefs and arguments. Unless otherwise ordered, within 20 days of the notice of appeal or order for review, each apDealinc~ party may file exceptions and briefs. Within 10 days thereafter, any party may file a responsive brief. The commission may shorten or extend the briefing period as appropriate. X. Scope of review by commission. (1) Whenever the commission reviews a proposed decision, it.has all the power it would have in initially making the final decision. The commission may adopt, modifv, or reject the administrative law judqe's proposed decision or it may remand the case to the administrative law judge for the taking of additional evidence and the makinq of any further proposed findings of fact, conclusions of law, or decision -that it deems necessary. (2) -Whenever the commission reviews a proposed decision it shall consider only those issues actually presented to the administrative law judqe unless the issue was one which either: a. Was raised prior to the proposed decision by a party, but not ruled upon, or b. Was discussed in the proposed decision, but not arqued on brief by the parties. Y. Intervention. 17 (1) Motion. A motion for leave to intervene in a contested case proceedinq shall state the qmunds for the proposed intervention, the position and interest of the proposed intervenor, and the possible impact of intervention on the proceedinq. A proposed answer or petition in intervention shall be attached to the motion. Any party may file a response within 14 days of service of the motion to intervene unless the time period is extended or shortened by the administrative law judqe. (2) Grounds for intervention. The movant shall demonstrate that: (a) intervention would not unduly prolonq the proceedinqs or otherwise prejudice the rights of existinq parties; (b) the movant is likely to be aggrieved or adversely affected by a final order in the proceeding; and (c) the interests of the movant are not adequately represented by existing parties. (3) Effect of intervention. A person qranted leave to intervene is a party to the preceedin,q. The order ¢~ranting intervention may restrict the issues that may be raised by the intervenor or otherwise condition the intervenor's participation in the proceeding. Z. Awards of attorney's fees. (1) In any final decision in which it is determined that the complainant is entitled to an award of attorney's fees, but the actual amount has not yet been determined, there is, by operation of this- provision, an express retention of jurisdiction of the case by the commission in order to determine the actual amount of attorney's fees to which the party is entitled and to enter a subsequent order awarding those fees, regardless of whether or not such retention of jurisdiction is expressed in the final decision. In such case, the decision is final in all other respects except the determination of the amount of the attorney's fees. (2) If the amount of attorney's fees is not stipulated to by the parties, the -administrative law iudge shall schedule a hearinq on the issue of the amount of the attorney's fees. The administrative law judge's decision is a proposed decision, and either party may appeal as provided in Paraqraphs V-X of this chapter. AA. Waiver, modification of rules. (1) Upon notice to all parties, the administrative law judge may, with respect to matters pending, modify or waive any rule herein upon a determination that no party will be prejudiced and that the ends of justice will be served. (2) Unless otherwise precluded by law, the parties in a contested case proceedinq may waive any provision of this chapter. However, the administrative law judge, in the discretion of the presiding officer, may refuse to qive effect to such a waiver when the administrative law judge deems the waiver to be inconsistent with the public interest. BB. Application for rehearing. (1) By whom filed. Any party to a contested case preceedinq may file an application for rehearinq from a final order. (2) Content of application. The application for rehearing shall state on whose behalf it is filed, the specific qrounds for rehearinq, and the relief sought. In addition, the application shall state whether the applicant desires reconsideration of all or part of the decision on the existing record and whether the applicant requests an opportunity to submit additional evidence. (3) Time of filinq. The application shall be filed with the commission within 20 days after the issuance of the final decision. (4) Notice to other parties. A copy of the application shall be timely mailed by the applicant to all parties of record not joininq therein. (5) Disposition. Any application for a rehearing shall be deemed denied unless the commission qrants the application within 20 days after its filinq. The commission shall notify the parties in writinq that the application was denied. CC. Assessment of costs of hearing. (1) General rule. If the commission prevails in the hearing, the respondent shall pay the "contested case costs" incurred by the commission. If the respondent prevails in the headng, the commission shall itself bear the "contested case costs" incurred by the commission. 18 (2) Mixed results. Where the commission is successful as to part of the remedies sought at the hearing and unsuccessful as to part of the remedies, the administrative law judqe may recommend an equitable apportionment of "contested case costs" between the commission and the respondent. (3) Costs allowable. The followinq "contested case costs" and no others will be assessed or apportioned: a. The daily charge of the court reporter for attending and transcribing the headng. b. All mileaqe charqes of the court reporter for traveling to and from the hearing. c. All travel time charges of the court reporter for travelinq to and from the hearing. d. The cost of the oriqinal of the transcripts of the hearing. e. Postaqe incurred by the administrative law judqe in sendin~l by mail (reqular or certified) an,/papers which are made part of the record. f. Expenses and fees of the administrative law judge, including but not limited to lodging and transportation. DD. Appeals to district court. Appeals to the district courts from the decision of the commission shall be perfected pursuant to the provisions of Iowa Code chapter 17A. (Ord. 94-3647, 11-8-1994) 2-4-7: FINDINGS AND ORDER: A. If upon taking into consideration all of the evidence at a hearing, the Commission determines that the respondent has engaged in a discriminatory or unfair practice, the Commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgment of the Commission shall carry out the purposes of this Title. A copy of the order shall be delivered to the respondent and complainant and to any other public officers and persons as the Commission deems proper. A description of possible remedial actions appears in Section 2-4-5 of this Chapter. B. if upon taking into consideration all of the evidence at a hearing, the Commission finds that a respondent has not engaged in any such discriminatory or unfair practice, the Commission shall issue an order denying relief and stating the findings of fact and conclusions of the Commission, and shall cause a copy of the order dismissing the complaint to be served by certified mail on the complainant and the respondent. (Ord. 94-3647, 11-8-1994) 2-4-8: JUDICIAL REVIEW; ENFORCEMENT: A. The Commission may obtain an order of court for the enforcement of Commission orders in a proceeding as provided in this Section. Such an enforcement proceeding shall be brought in the District Court of the county where the discriminatory practice occurred. B. Such an enforcement proceeding shall be initiated by the filing of a petition in the Court and the service of a copy thereof upon the person charged. The Commission shall then file with the Court a transcript of the record of the hearing before it. The Court has the power 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. An objection that has not been urged before the Commission 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 extraordinary circumstances. D. Any party to the enforcement proceeding may move the Court to remit the case to the Commission in the interest of justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, providing such parties shall show reasonable grounds for the failure to 'adduce such evidence before the Commission. E. In the enforcement proceeding the Court shall determine its order on the same basis as it would in a proceeding reviewing Commission action under section 17A.19, Code of Iowa, as amended. 19 F. The Commission's copy 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 Commission's orders. G. The Commission may appear in Court by the City Attorney or a designee. H. If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an order of the Commission issued pursuant to this Section, 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 the county in which the petition for enforcement is brought. I. Judicial review of the actions of the Commission may be sought in accordance with the terms of the Iowa Administrative Procedure Act, as amended. Notwithstanding the terms of such Act, petition for judicial review may be filed in the District Court in which an enforcement proceeding under subsections A and B of this Section may be brought. For purposes of the time limit for filing a petition for judicial review under the Iowa Administrative Procedure Act, as amended, the issuance of a final decision of the Commission under this Title occurs on the date notice of the decision is mailed by certified mail to the parties. Notwithstanding the time limit provided in section 17A.19, subsection 3 of the Code of Iowa, as amended, a petition for judicial review of no-probable cause decisions and other final agency actions which are not of general applicability must be filed within thirty (30) days of the issuance of the final agency action. (Ord. 94-3647, 11-8-1994) 2-4-9: SIXTY DAY RELEASE FROM ADMINISTRATIVE PROCESS; ALTERNATIVE JUDICIAL PROCEEDINGS UPON COMPLAINTS: A. Conditions For Release: A person claiming to be aggrieved by an unfair or discriminatory practice must initially seek administrative relief by filing a complaint with the Commission in accordance with Section 2-4-1 of this Chapter. After the proper filing of a complaint with the Commission, a person may subsequently commence an action for relief in the District Court if all of the following conditions have been satisfied: 1. The complainant has timely filed the complaint with the Commission as provided in subsection 2-4-1E of this Chapter. 2. The complaint has been on file with the Commission at least sixty (60) days and the Commission has issued a release to the complainant pursuant to subsection B of this Section. B. Requirements For Issuance Of Release: Upon a request by the complainant, and after the expiration of sixty (60) days from the timely filing of a complaint with the Commission, the ............... Human Riqhts Coordinator shall issue to the complainant a release stating that the complainant has a right to commence an action in the District Court. A release under this subsection shall not be issued if a finding of no probable cause has been made on the complaint, or a conciliation agreement has been executed, or the Commission has served notice of hearing upon the respondent, or the complaint is closed as an administrative closure and two (2) years have elapsed since the issuance date of the closure. all..vw, '~ ......., ,v, ,..~* .... vv, ,.,.,,*"~"~'~,w ,,'", c .... ..u~v , ....................................... c .............. CD. Commencement Of Action: An action authorized under this Section is barred unless commenced within ninety (90) days after issuance by the Commission of a release under subsection B of this Section. If a complainant obtains a release from the Commission under subsection B of this Section, the Commission shall be barred from further action on that complaint. DE-. Venue: Venue for an action under this Section shall be in Johnson County, Iowa. E_F. Relief: The District Court may grant any relief in an action under this Secti'on which is authorized by Section 2-4-5 of this Chapter. The District Court may also award the respondent reasonable attorney fees and court costs when the Court finds that the complainant's action was frivolous. FG. Legislative Intent: It is the legislative intent of this Section that every complaint be at least preliminarily screened by the Commission during the first sixty (60) days. This subsection 20 does not authorize administrative closures if an investigation is warranted. (Ord. 94-3647, 11-8-1994) 2-4-10: CIVIL ACTION ELECTED-HOUSING: A. A complainant, a respondent, or an aggrieved person on whose behalf a complaint alleging a violation of Chapter 5 of this Title was filed, may elect to have the claims asserted in that charge decided in a civil action. 1. The particular party electing to have his or her case decided in a civil rather than administrative action under subsection 2-5-4L of this Title, must do so no later than twenty (20) days after the date of receipt of the probable cause determination. In the event the Commission makes such election, it must be made not later than twenty (20) days after the date the determination was issued. 2. The person making the election shall give notice to the Ccmmi,~.~icn Human Rights Coordinator and to all other complainants and respondents to whom the election relates. 3. The election to have the charges of a Complaint decided in a civil action as provided here, is available only if it is alleged there has been a violation of Section 2-5-1 or 2-5-3 of this Title. B. An aggrieved person may file a civil action in District Court not later than two (2) years after the occurrence or the termination of an alleged discriminatory housing or real estate practice, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing or real estate practice or breach of a conciliation agreement. 1. The two (2) year period does not include the time between the filing of a housing or real estate practice discrimination complaint and the disposition of that complaint by the ............... C~ty Attorney. 2. An aggrieved person may file an action under this Section whether or not a discriminatory housing or real estate complaint has been filed under Section 2-5-1 and/or Section 2-5-3 of this Title, and without regard to the status of any discriminatory housing or real estate complaint filed under those Sections, but: a. If the Ccmm!cs!c,", a,",d Human Rights Coordinator has obtainsod a conciliation agreement with the consent of an aggrieved person, the aggrieved person shall not file an action under this Section with respect to the alleged discriminatory practice that forms the basis for the complaint except to enforce the terms of the agreement. b. An aggrieved person shall not file an action under this Section with respect to an alleged discriminatory housing or real estate practice that forms the basis of a probable cause determination issued by the Ccm,m, icc!c,", City Attorney if the Commission has begun a hearing on the record under this Chapter with respect to the charge. (Ord. 97- 3785, 5-20-1997) 2-4-t 1: CIVIL PROCEEDINGS-HOUSING: A. 1. If timely election is made under subsection 2-4-10A of this Chapter, the Human Rights Coordinator shall authorize, not later than thirty (30) days after the election is made, the filing of a civil action on behalf of the complainant in District Court and the City Attorney, or its designated agent, shall commence and maintain such action. 2. An aggrieved person may intervene in the action. 3. If the District Court finds that a discriminatory housing or real estate practice has occurred or is about to occur, the District Court may grant as relief any relief that a court may grant in a civil action under subsection D of this Section. 4. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the District Court shall not award the monetary relief if that aggrieved person has not complied with discovery orders entered by the District Court. B. A Commission order for remedial action and a Commission order that has been substantially affirmed by judicial review, do not affect a contract, sale, encumbrance, or lease that was consummated before the Commission issued the order and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge issued under this Title. 21 C. If the Commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the Commission, not later than thirty (30) days after the date of the issuance of the order, shall do all of the following: 1. Send copies of the findings and the order to the governmental agency. 2. Recommend to the governmental agency appropriate disciplinary action. D. In an action under subsection 2-4-10A or B of this Chapter, if the District Court finds that a discriminatory housing or real estate practice has occurred or is about to occur, the District Court may award or issue to the plaintiff one or more of the following: 1. Actual and punitive damages. 2. Reasonable attorney fees. 3. Court costs. 4. Subject to subsection E of this Section, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the practice or ordering appropriate affirmative action. E. Relief granted under this Section does not affect a contract, sale, encumbrance, or lease that was consummated before the granting of the relief and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint under this Title or a civil action under this Section. F. The City Attorney, on behalf of the Commission or other party at whose request a subpoena is issued, may enforce the subpoena in appropriate proceedings in District Court. (Ord. 97- 3785, 5-20-1997) G. A court in a civil action brought under this Section, or the Commission in an administrative hearing under subsection 2-5-4L of this Title, may award reasonable attorney fees to the prevailing party and assess court costs against the nonprevailing party. (Ord. 97-3785, 5-20- 1997; amd. Ord. 99-3905, 10-12-1999) sue/HumanRts/Ord Rev 09 17623 03 am I 22 IOWA CITY CITY CODE TITLE 2: HUMAN RIGHTS CHAPTER 1: GENERAL 2-1-1: DEFINITIONS: As used in this Title, terms shall have the meanings indicated: AGE: Chronological age of person ...................... ~ ..... ~...~..... CityCITYAttorney.ATTORNEY: The dui, ~ attorney for the City or such person d/si//gnated by the COMMISSION: The Iowa City ~ hts Commission. COMPLAINANT: A person who has ~ report of discrimination as proviCed for by this Title. COMPLAINT: A report of discrimination ~ ~rovided for by this Title. CONCILIATION TEAM: A team of two more members of the Cq~mission appointed to conciliate cases in which a determination of :)bable cause has been mede. COURT: The ~'-~' .... "' .... *,, ................ · Dd_istrict Courl of/the state of Iowa or any iudcle of the court if the court is not in session time CREDIT: "Credit" as defined in section 537.1301~ of the Code of l CREDITOR: "Creditor" as defined in section Iowa. CONSUMER CREDIT TRANSACTION: regulcr ccursc cf cny trcdc or cemmcrcc. "Consl as defined in section 537.1301 (11 ) of the Code of Iowa. DEPENDENT: Any person, regardless of age, who a household and who derives primary care or support from that household. DISABILITY: A. The physical or mental impairment of a person whi limits one or more of such person's major life activities, and the conditie with a positive human immunodeficiency virus test result, a diagnosis of ~ uired ~une deficiency syndrome, a diagnosis of acquired immune deficiE or any other condition related to acquired immune deficiency syndrome the incl a condition related to a positive human immunodeficiency virus test res in the of "disability" under the provisions of this Title does not preclude the of the ' ' ef this Title to conditions resulting from other contagious or i~ s; B. A record of having such an impairment; C. Being regarded as having such an im irment. "Disability" ~.,~not include current illegal use ef or addiction to a contn I d s/ tance as defined by chal~er 204 124A of the Code of Iowa, as amended. / ~ ELDERLY: Any person who has attainec t ~, ag ff fifty five (55) years. ~ EMPLOYEE: Any person who works fol ifa(. , salary or commission or ~ny combination thereof, and persons who are seeking or ~l:lyirFor employment. ~ EMPLOYER: Includes all cntities_ ~n wherever situated, who employ~one or more employees within the City, or who individuals within the City to a.p, p2/~o^%;e, mployment within the City or elsewhere. The the City itself, and to the extent not inconsistent with State law, all other politica public corporations, governmental units conducting any activity within the and public agencies or corporations. EMPLOYMENT AGENCY: Any undertaking to procure employees or opportunities to work for any other person. FAMILIAL STATUS: One or more individuals under the age of eighteen (18) domiciled with one of the following: A. A parent or another person having legal custody of the individual or individuals. B. The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person. Protections against discrimination on the basis of familial status shall apply to any person who is pregnant or is ~ the process of securing legal custody of any individual who has not attained the age of el! years. FAMILY: For Title "family" includes a single individual, and includes persons who are as domestic partners and who are eligible to obtain a ce statement of the domestic ~ from the City Clerk, as provided in Chapter 6 various individual attributes, actual or in behavior, practice or a ~s they are understood to be masculine and/or fer HOUSING Any improved or unimproved real which is used or intended for use nce or sleeping place for one or more perso HOUSING TRANSACTI( sale, exchange, rental or lease of property or housing accommodation and , sell, exchange, rent or lease real HUMAN RIGHTS TEAM: A of two {2) or more members of Commission assigned to review and make a decision on the merits of a case whether or not there is probable cause to believe has occurred, is found, the Human Rights Team becomes the Con( Team. INVESTIGATOR: A person Ccmmlccio,q, to who investigates LABOR ORGANIZATION: Any which exists for purpose in whole or in part of collective bargaining, of dealing with em concerning rievances, terms or conditions of employment, or of other mutual aid or in with employment. MARITAL STATUS: The state of being single, parated or widowed. PERSON: One or more individuals, associations, corporations, legal representatives, trustees, receivers, the City or commission, department or agency thereof, and all other governmental units condu( ' in the City. PUBLIC ACCOMMODATION: Each and every pla, or facility of whatever kind, nature or class that caters or offers services, facilitie., oods to the general public for a fee or charge. Each and every place, establishment or facili or offers services, facilities or goods to the general public gratuitously shall med a public accommodation if the accommodation receives any substantial ge ~tal support or subsidy. Public accommodation shall not mean any bona fide or other place, establishment or facility which is by its nature distinctly private, such distinctly private place, establishment or facility caters or offers facilities oods to the general public for a fee or charge or gratuitously, it shall be a public during such period. PUBLIC ASSISTANCE SOURCE OF INCOI Income and Jpport derived from any tax- supported Federal, State or local funds but limited to, social security, supplemental security income, assistance for needy families, family investment 9neral relief, food ~mps, rcnt ..... d~o.~ and unemployment compensation. RESPONDENT: A person who is to have committed an )rohibited by this Title~ and/or against whom a complaint under this Title. SEXUAL HARASSMENT: A form discrimination. Sexual h. may take the form of deliberate or repeated comments, q~ representations or of a sexual nature which are unwelcome to Sexual harassment may take the form of conduct that has the purpose or of creating an intimidating, or offensive environment. SEXUAL ORIENTATION: Actual istory of, or perceived heterosexuality, hSmosexuality, or bisexuality. \ STATE, STATE PARTY AND PARTIES: As used in the preamble and part I of the "International Convention on Elimination of All Forms of Racial Discrimination (1966)", as amended, shall mean the Cil Iowa City, Iowa. UNFAIR PRACTICE OR DISCRIMINATORY PRACTICE: Those practices specified as unfair or discriminatory in sections 216.6, 216.7, 216.8, 216.8A, 216.9, 216.10, 216.11, and 216.1 lA of the Code of Iowa or this title. (Ord. 94.3647, 11-8-1994; amd. Ord. 95-3697, 11-7-1995; Ord. 97-3785, 5-20-1997; Ord. 00- 3921, 3-7-2000) 2-1-2: PURl It is the to protect citizens of the City against "discrimination" as defined in this Chapter. Ioreover, this Title provides for execution within the City of the policies of the Iowa Civil Ri Act of 1965, as amended, the Federal Civil Rights Acts, as amended, the preamble and I (articles 1-7) of the "International Convention on the Elimination of All Forms of (1966)", as amended, and the promotion of cooperation bct;:ccn among the and Federal agencies which are charged, and in the future, with enforcing instruments. (Ord. 94-3647, 11-8-1994) 2-1-3: This Title shall 3roadly to effectuate its purpose, ~ the Iowa City Human Rights consistent with the intent, langua and spirit of the preamble and part I (articles 1-7) of the ~nvention on the Eli All Forms of Racial Discrimination (1966)", as ,nded. However, the and enfomement of the preamble and part I of said Convention shall no event operate to diminish protection that otherwise exists this Title, the Iowa I Rights Act, as amended, the Federal Civil Rights Acts, as or the constitution State of Iowa, as amended, or the Constitution of the United States America, as amendr Ord. 94-3647, 11-8-1994) CHAPTER 2: HUMAN RIGHTS COMI~ SION 2-2-1: COMMISSION ESTABLISHED; ERAL There is hereby established the Iowa City uman Commission whose duty shall be to disseminate information and provide the ~ciliation and enfomement necessary to further the goals of this Title and to protect unfounded charges of discriminatory practices. (Ord. 94-3647, 11-8-1994) 2-2-2: POWERS: The Commission created by this Chapter shall h~ A. Receive, investigate and determine ~laints alleging unfair or discriminatory practices. B. Investigate and study the existence, char and extent of discrimination in the areas covered by this Title, and to elimi ~tion by education, conciliation and enforcement where necessary. C. Issue publications and reports of the re= ~rch and ations of the Commission subject to the limitations of confidentiality. D. Prepare and transmit to the City Coun from time to time, blt not less often than once each year, reports describing th~ pro ~'eed~ ~, investigations, hea~ngs, decisions and other work performed by the Commission. / ~ E. Make recommendations to the/Ci Council for such fur~er legislation concerning discrimination as it may deem neo~ss , and desirable. ~ F. Cooperate, within the limits of an~ apl: ~riations made for its operation, with other agencies or organizations, both public ar ~1 private, whose purposes are not ir'~consistent with those of this Title, and in the planni and conducting of programs designed to eliminate racial, religious, cultural and other i~ rgroup tensions. ~ G. Adopt guidelines by determine whether any conduct, behavior or action may properly 'y practice. ~ H. Make recommendations er and City Council regarding the~affirmative action program of the City ar to City departments to ensure'~fair employment procedures and the ~ services without bias. I. Seek a-temperary injunctieF~ve relief as may be appropriate to preserve the rights of the complainant and the public interest against = rc:pcndc,",t when it appears that a complainant may be suffer irreparabley injuryed before a public hearing can be called to determine the merits of the com aint. Ms 3 ...... -e, ~n .... ~ ................................ ~. .... , ,,,, ......... .... · e~~~e- ..... ,. .....................r,,,~,.~.~ .... ~. (Ord. 94-3647, 11-8- 1994) J. Issue sub and order discovery as provided by this Section to aid in investigations of allegations of crimination. The subpoenas and discovery may be ordered to the same extent and to the same limitations as subpoenas and discovery in a civil action in District Ord. 95-3697, 11-7-1995) 2-2-3: STRUCTURE: The Commission shall of nine (9) members, appointed by vote the Council. Appointees shall serve for ~ of three (3) years and thereafter until been appointed. Vacancies shall be remainder of the unexpired Appointments shall take into consideration men and omen of the various racial, reli cultural, social and economic groups in the City. 3647, 11-8-1994) 2-2-4: RECORDS TO BE PUBLIC; EPTIONS: The disclosure of information1 whether a has been filed or not, or revealinq the contents of an' exce circumstances: 1. If a final decision has been reached a petition appealinq the Commiss has been filed have access to the Commission case file. 2. If a case has been approved for hearin¢ ~d the letter informinq the parties of this fact has been have access to the case file discovery measures, 3. If a decision rendered in a con has been appealed, any showinq that has been appealed, have access to the Commissk file. Documents during the contested case do not affect the status of all the file which are not introduced as eviden 4. If the Commission access to the Com case file on that complaint. B. No member of the or of its staff shall disclose filing of a charge, the information gathe during the investigation, or the to eliminate such discriminatory or ~ practice by conference, conciliation or ~sion, except as may be necessary to co~ an investigation of a complaint. Nothing in Section shall prevent the Commissi~ from releasing such information concerning or acknowledged discriminator to the State Civil Rights Commission, the States Civil Rights Commission Federal Equal Employment Opportunity Commission 3nd other agencies or or ~ns whose primary purpose is the enforcement of civil ri, legislation. This Section d not prevent any complainant, witness or other person from 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. (Ord. 94-3647, 11-8-1994)' CHAPTER 3: DISCRIMINATORY PRACTICES 2-3-'1: EMPLOYMENT; EXCEPTIONS: A. It shall be unlawful for any employer to refuse to hire, accept, register, classify,~.~,~v' ..... for employment, or to otherwise discriminate in employment against any ~rson or to discharge any employee because of age, color, creed, disability, gender idenl ~arital status, national origin, race, religion, sex or sexual orientation. B. It shall unlawful for any labor organization to refuse to admit to membership, apl or training an applicant, to expel any member, or to herwise discriminate against )licant for membership, apprenticeship or member in the privileges, rigl~ or benefits of such membership, apprenticeship ning because of age, color, creed, ility, gender identity, marital status, national origi race, religion, sex or sexual orientation such applicant or member. C. It shall be any employer, employment agency, organization or the employees or thereof to directly or indirectly advertis or in any other manner indicate or ~ublicize individuals are unwelcome, objecti able or not solicited for employment because of age, color, creed, alisa snder identity, marital status, national origin, ~ligion, sex or sexual orientation.11-7-1995) D. Employment policies relatin )regnancy and childbirth shall overned by the following: 1. A written or unwritten policy or practice excludes from employment applicants or employees employee's pregn~ is a prima facie violation of this Title. 2. Disabilities caused or contril by the employee's miscarriage, childbirth and recovery therefrom are, for all y disabilities and shall be treated as such under any health .~mporary disa insurance or sick leave plan available in connection with Dr or unwritten employment policies and practices involving terms and of empl~ as applied to other temporary disabilities. E. It shall be unlawful for any person to solicit as a condition of employment of any employee or prospective employee a test for ~resence of the antibody to the human immunodeficiency virus. An agreement betweer ~ employer, employment agency, labor organization or their employees, agents or m~ and an employee or prospective employee concerning employment, pay ~n employee or prospective employee in return for taking a test for the presence of t to the human immunodeficiency virus, is prohibited. The prohibitions of do not apply if the State epidemiologist determines and the Director :h declares through the utilization of guidelines established by the Center for ~f the United States Department of Health and Human Services, that a witha )n related to acquired immune deficiency syndrome poses a significant r the human immunodeficiency virus to other persons in a specific occu F. The following are exempted from the this Section: 1. Any bona fide religious institution its educational facility, ~,~sociation, corporation or society with respect to any qualific,a Is for employment base, on religion when such qualifications are related to a bo~a fide religious purpose. A re~gious qualification for instructional personnel or an adm)hi.~ rative officer, serving in a sup'~rvisory capacity of a bona fide religious educational facility )r religious institution shall be pr~.sumed to be a bona fide occupational qualification. ((~rd. 94-3647, 11-8-1994) 2. An employer or employment/agency which chooses to offer employme'~t or advertise for employment to only the disab,lbd or elderly. Any such employment or offe~, of employment shall not discriminate amon ~' the disabled or elderly on the ba~s of ag~ color, creed, disability, gender identity, ~arital status, national origin, race, religion, ~x or sexual orientation. (Ord. 95-3697, -7-1995) 3. The employment of ~als for work within the home of the employer if the '~mployer or members of the famil, therein during such employment. 4. The employment of to render personal service to the person of the employer or members of the em 5. Te The 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 occupational qualification shall be interpreted 6. A or Federal program designed to benefit a specific age classification which serves a bona fi public purpose. 7. -'Pe The ployment on the basis of disability in those cedain instan where presence of disability bona fide occupational qualification reasonably to the normal operation of articular business or enterprise. The bona fide qualification shall be internarrowly. (Ord. 94-3647, 11-8-1994) 2-3-2: PUBLIC ~DATION; EXCEPTIONS: A. It shall be person to deny any other person full and equal enjoyment of the goods, services, fa~ privileges, advantages of any of public accommodation because of age, color, disability, gender identity, m status, national origin, race, religion, sex or sexual This section shall not ! to discounts for services or accommodations based (Ord. 00-3950, B. It shall be unlawful to )r indirectly advertise in any other manner indicate or publicize that the of age, color, creed, identity, marl status, national origin, race, religion, sex or sexual orientation. (Ord. C. This section shall not apply to bona fide ligious institution with respect to any qualifications the institution ~y religion when such qualifications are related to a bona fide religious 11-6-1994) D. Public accommodations may be des specifically for the elderly and disabled. However, public accommodations may restricted among the elderly and disabled on the basis of age, color, creed, disability, ge marital status, national origin, race, religion, sex or sexual orientation. (Ord. 7, 11-7-1995) 2-3-3: CREDIT TRANSACTIONS; A. Consumer Credit: It shall be unlawful any to refuse to enter into any consumer credit transaction or to im charges or conditions more onerous than those regularly extended that consumers of similar economic backgrounds because of age, col( . creed, disability, ~nder identity, marital status, national origin, race, religion, B. Extension Of Credit: It shall be ~ any person ~orized or licensed to do business in this state pursuant to cha 524, 533, 534, 536, 536A of the code of Iowa, as amended, to refuse to Ioar to extend credit or to irt terms or conditions more onerous than those regL extended to persons of ~ilar economic backgrounds because of age, color, disability, gender identity, status, national origin, race, religion, sex or sexual or C. Insurance: 1. It shall be unlawfL any creditor to refuse to offer credit, or health and accident insurance because color, creed, disability, g status, national origin, race, religic sex or sexual orientation. Refusal by a to offer credit, life or health and insurance based upon the age or physical of the consumer shall not be an practice if such denial is ,=ly upon bona fide underwritin prohibited by title XIII, subtitle 1, code , as amended. (Ord. 11-7-1995) 2. The of this section shall not be construed by or otherwise to narrow or y other provisions of this title. (Ord. 11-8-1994) 2-3-4: EDUCATION: A. It shall be an unfair or discriminatory practice for any educational institution to discriminate on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation in any program or activity. Such discriminatory practices shall include but not be limited to, the following practices: 1. Exclusion a person or persons from padicipation in, denial of the benefits of, or subject in any academic, extracurricular, research, occupational training or other program 2. Denial of corr rable opportunity in intramural and interscholastic athl rams. 3. Discrimination ~ong persons in employment and the conditions of 4. On the basis of the application of any rule concerning the potential parental, family or marital of a person, or the exclusion of any from any program or activity or employme~ because of pregnancy or related dependent upon the physician's diagnosis certification. (Ord. 95-3697, 11-7-1995 B. For the purpose of this on, "educational institution" include ~reschool, elementary, secondary or merged area education agency y college and their governing boards, exception that this section si not include the university of Iowa or any other educational of the state. C. This section does not prohibit educational institution maintaining separate toilet facilities, locker rooms or living for the sexes so long as comparable facilities are provided. Nothing in ' ; section shall prohibiting any bona fide religious institution from imposing difications religion when such qualifications are related to a bona fide religious ly in~ from admitting students of only one sex. (Ord. 94-3647, 11-8-1994) 2-3-5: AIDING OR ABETTING; It shall be an unfair or discriminatory I: A. Any person to intentionally aid, abet, corn coerce another person to engage in any of the practices declared unfair or discriminator' ~ this Title. B. Any person to discriminate against another because such person has either lawfully opposed any discriminatory practice forbi( this Title, obeyed the provisions of this Title, or has filed a complaint, testified, any proceeding under this Title. (Ord. 94-3647, 11-8-1994) C. Any person to coerce, intimidate, with any person in the exercise or enjoyment of, or on account of his having ised or enjoyed, or encouraged any other person in the exercise or of, any right protected by Section 2-3- his Title. 5-20-1997) CHAPTER 4: ENFORCEMENT 2-4-1: PERSONS WHO MAY COMPLAINTS; OF FILING COMPLAINT; AMENDING COMPLAINT AND ' WITHDRAWAL: A. All persons claiming to be tiered by a discriminatory or practice within this City may, by themselves or make, sign and file with Commission a verified, written complaint which lallstate the name and address the person, employer, employment agency or I alleged to have the discriminatory or unfair practice of which shall set forth the particulars and shall contain such other information be required by the Commission. 11-8-1994) B. Upon the filing of a ~laint, the Commission shall serve notice the complainant acknowledging the and advising the complainant of the time and choice of forums provided law. (Ord. 97-3785, 5-20-1997) C. The Commission, commissioner, the City Attorney or any other aware of the existence of a linatory practice may in like manner make, sign plaint. D. **Coml be amended as follows: 1. The -' ' complainant shall have the power to ,~v,,~..,,~'~ .... ,.,,..'~ ~.,~r~,,,,.,,,, amend any complaint at any time prior to the Commission's decision on probable cause 2. The Commission or the complainant shall have the power to amend any complaint after a probable cause findinq and prior to the decision to have a public hearinq. 3. At the discretion of the ~dmi,",stratlvcadministrative law iudge, the complaint may be ~mended after the decision to have a public hearing. 4. respondent shall have like power to amend such answer, at any ~rior to hearing, and thereafter at the discretion of the administrat 5. to the complaint and answer alleging additional acts wh unfair or related to or growing out of the sub of the will relate back to the date the original complaint or (Ord. 94-3647. I-8-1994; amd. Ord. 97-3785, 6-20-1997) E. A claim Title shall not be maintained unless a )laint is filed with the ;ion one hundred eighty (180) days after discriminatory or unfair I 97-3785, 5-20-1997) F. A verified copy of -nplaint filed with the State Civil Rights or its successor, under the provisions chapter 216, Code of Iowa, or EEOC, or its successor, shall be sufficient corn ~int for the purpose of this Title if es either in the text thereof or in accompanying ~ents that the alleged discrimin practice occurred within this City. G. **A complaint or an' be withdrawn )lainant at any time prior to the public hearing and at the discretion Commission. However~ nothinq herein shall preclude the from continL the investigation and initiating a complaint on its own behalf nst the whenever it deems it in the public interest. (Ord. 94-3647, 11-8-1994; amd. Ord. 5-20-1! 2-4-2: INVESTIGATION OF COMPLAIt ERMINATION SETTLEMENT: A. After the filing of a verified complaint, a shall be served within ten~-lO) twenty (20) days by certified mail on the person agair the complaint is filed. Service is effective upon mailing. B. Upon the filing of a complaint the Commiss shall promptly serve notice on the respondent or person charged with , housing practice advising them of his or her procedural rights and obli¢ r the law or ordinance together with a copy of the complaint. C. The Commission must commence respect to the complaint before the end of the thirtieth day after receipt of 97-3785, 5-20-1997) The Commission may draft and mail to parties a questionnaire/document requests to which respondent and complainan required to ~nd. Answers and documents are to be received by the Human fin thirty (30) days of the receipt of the questionnaire/document unless an ;ion has been granted by the Coordinator or investigator. D. After reviewing materials ~nsive to the q request, the Human Rights Coordinator shall whether the complaint 'rants further investigation. If the Coordinator finds there a reasonable possibility of cause determination or the legal issues present complaint need further develo the Coordinator, or an authorized member of the ~sion's staff, shall __investigation of:tc the complaint. A compla by the Coordinator not to further processing by the Coordinator's shall be reviewed by the City and a Human Rights Commission team. If 1 Commission team determines that the con aint does not warrant further investigation, t shall be administratively closed. Notice of s~ch closure shall be promptly served up! ~ the complainant and the respondent by certified mail. Service is effective upon maili~, Such notice shall state the reasons for administrati~(~ closure. E. A complainant may/o ect to the administrative closure and request review ~ithin ten twenty (~-20) days of re~ ~ service. If a complainant makes ~timely written request for revibw of the administrative closure, the Human Rights Co~(dinator, City Attorney, and the Human Rights Commission team shall promptly review the c~mplainant's request and all relevant material. If, after review, the Human Rights Commfssion team determines that the complaint does not warrant further processing, the Commission shall close the file and notify the complainant and respondent of the final decision of administrative closure. If, after review, the Commission team determines that there is a reasonable of a probable cause determination or the legal issues presented in the complaint further development, thevv,,,~,,,~,,,,~"~"* alleqations v,,,,,-~-"" will be investigated further. (Ord. 12-9-1997) F. After the ver complaint is filed, the investigator shall issue a written investigative summary and to the City Attorney whether probable cause exists that the person charged i ~laint has committed a discriminatory I: G. After receipt of investigator's written investigative summary an, recommendation regarding probable, ~use, the City Attorney shall issue a written ' ' the Commission whether probable cf exists to believe a discriminatory practice as alleged by the complainant. H. Any time after a corn ~int is filed under this Title, but before investigator issues a recommendation to ;ity Attorney, the investigator may a disposition of the complaint through a ermination settlement, if such settle is in the interest of the complainant, in settlements shall be subject review by the chair of the Commission. (Ord. 1-8-1994; amd. Ord. ;Ord. 97-3814, 12-9- 1997) 2-4-3: NTS; A. After the investigator and the Attorney have their determinations regarding probable cause to support a ~t, the Human ihts Coordinator shall promptly assign the complainant's file to a Human lhts Comm team for determination of probable cause. B. If the Human Rights Commission probable cause exists regarding the allegations of the complaint, the team ~ the complainant and the respondent of the finding and shall promptly endeavor to inate the discriminatory or unfair practice by conference, conciliation and persuasion. C. If the Human Rights Commission team no probable cause exists, the team shall issue a written finding dismissing the cc and notifying the parties of the complainant's right to appeal the finding, shall be promptly maile_~d = copy to the complainant and to the respondent ~il. Service is effective upon mailing. (Ord. 94-3647, 11-8-1994; amd. Ord. D. A complainant may object to the fir ng of no ,le cause within ten (10) days of receipt of the written finding and notice, complainant timely written request for review of the finding, the cc,",cili~tic,", hts team hear the complainant's evidence i~ · ' within thirty of the for review. If no probable cause is again the finding after review conciliation team notify the complainant in writing of the decision, and shall the file. If the team finds probable cause after review, the team shall efforts to eliminate discriminatory or unfair practice by conference, conciliatio~ persuasion. (Ord. 94-3647, I-8-1994) E. In connection with discrimination complaints Chapter 5 of this Title, the Commissic administrative disposition of a ~plaint within one year of the date of receipt of a ~laint, unless it is impracticable to do If the Commission is unable to do so, it shall plainant and respondent in writin( Ord. 97-3785, 5-20-1997) 2-4-4: CONCILIATIOI~ ROCEDURES: A. The conciliation shall endeavor to eliminate the or unfair practice by conciliation, and persuasion for a period of ninety (90) following the initial conciliation me ng between the respondent and the conciliation tea~ following the finding of probable After the expiration of ninety (90) days, the may order the conciliation and persuasion procedure to be bypassed if the Commission determines procedure is unworkable by reason of past patterns and practices of the res or a statement by the respondent that the respondent is unwilling to continue with the conciliation. The Commission shall state in writing the reasons for bypassing further conciliation efforts. This statement shall include a summary of the conciliation effort, the principal fgcts as disclosed in the investigation, and other relevant reasons for the recommendation. B. If the team~succeeds in reaching a disposition agreeable to the compl~ and the respondent, the disposition shall be reduced to written by the complainant an~ the respondent. The result shall be reported to the C. The terms of aX, conciliation agreement reached with the resp may require the respondent to refr~ in the future from committing discriminatory practices of the type stated in reement; to take remedial action which, the judgment of the Commission, will ca out the purposes of this Title; and to ~c to the entry in an appropriate District ~rt of a consent decree embodying ~rms of the conciliation agreemenl ach a consent decree may be contempt by the Court in which it is filed, bowing by the Commission at any time within six (6) months of its In all cases in which a concili~ the Commission shall issue an stating its terms and fu a of the order to the complainant, the respondent, other persons as proper. At any time, in its discretion Commission may ate whether the terms of the agreement are being by a finding that the terms of the conciliation agreement are complied with the Commission shall take appropriate action to assure ~liance. D. If the team is unable to reach a dis the parties, the team shall notify the Commission of the result. The 1. No further action be taken and the 2. The Commission issue a written served on the parties specifying the charges in the complaint and requiring the respor~ nt tp answer the charges of the complaint at a hearing before the Commission or a by the Commission. (Ord. 94-3647, 11-8-1994) 2-4-5: REMEDIAL ACTION: For the purposes of this Title, remedi~ but is not limited to, the following: A. Hiring, reinstatementin~ or ~romotinc employees with or without pay. Interim earned income and unem ~all operate to reduce the pay otherwise allowable. B. Admission or restoration to a labor org~ admission to or participation in a guidance program, p training training program or other occupational training retraining program, with the :ilization of objective criteria in the admission of individ Is to such programs. C. Admission public institution. D. Sale, exchange, rental, assig property to an individual. E. Extension to of the full and equal en of the advantages, facilities, privileges a~ services of the respondent denied to complainant because of the , or unfair practice. F. Reporting the manner of compliance. G. in conspicuous places in the respondent's ce of business in a form f the Commission and inclusion of notices in material. H. to the complainant of damages caused by the r~atory or unfair practice whi include actual damages, emotional distres~ court costs ar attorney fees. I. In to the remedies in the preceding provisions of this the Commission may order requiring the respondent to cease and desist from the scriminatory or unfair and to take such affirmative action as in the judgment of the will carry ~ut the purposes of this Chapter as follows: 1. In the case of a respondent operating by virtue of a license by the State or a political subdivision or agency, if the Commission, upon notice to the with an opportunity to be heard, determines that the respondent has engaged in a discriminatory or unfair practice and that the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of their employment, the Commission shall so certify to the licensing agency. Unless the practice is reversed in the course of judicial review, the finding of discrimination is binding on the licensing agency. If a certification is ~ade pursuant to this subsection, the licensing agency may initiate ticensee disciplinary cedures. 2. the case of a respondent who is found by the Commission to have in a ~atory or unfair practice in the course of performing under"~ contract with tate or political subdivision or agency, if the practice wa~s autl requested, I, performed or knowingly or recklessly tolerated by the board agent acting the scope of their employment, the Commission shal certify to the contracting ~cy. Unless the Commission's finding of a discriminato~ practice is reversed in of judicial review, the finding of is binding on the contracting 3. Upon receiving made under this subsection, a c g agency may take appropriate action a contract or portion thereof ' entered into with the respondent, either or on condition that the res carry out a program of compliance with the Title, and assist the all political subdivisions and agencies from entering into further J. The election of an order under subsectio~ of this Section shall not bar the election of affirmative in Section. (Ord. 94-3647, 11- 8-1994) K. In connection with housing rimination under Chapter 5 of this Title, the Commission may, to vindicate public assess a civil penalty against the respondent in an amount not by Code of Iowa chapter 216.15A, as amended. Funds collected under shall be paid to the City for deposit to the City Treasury to the credit of the Gen~ Ind. (Ord. 97-3785, 5-20-1997 L. Any other relief that the e finds to be appropriate. 2-4-6: NOT~CE ^~n uc^D.,~. CON'I A. of commission. The case ~n support of the complaint be presented by the City Attorney or designee. I~. B. 1. conciliation efforts fail and it is determined that the record hearinq, the Commission shall prepare a written statement the complaint, which shall contain: a. An allegation that the respondent is a proper respondent within the meaning of and subject to provisions of this Title. b. A factual alleqation or allegations of an unfair or discriminatory practice or practices, substantially as uncovered in the investiqation, stated in the complaint / (includinq amendments thereto), stated in the order of probable cause1 or stated in the investiqative summary. 2. A statement of charqes is sufficient if it: a. Names the respondents and complainants; b. States the section(s) of the code alleqed to be violated; and c. Incorporates by reference the complaint and any amendments to the complaint. ~'N' The statement of charqes shall also )ecificall, in the complaint, as amended~ which: a. Have been closed by other than a ~ or The commission has elected not to prosecute de.~ robable cause findinq. 4. of the alleqations identified pursuant be considered as a claim in the contested case proceedinc on such allegations ~ considered when relevant to other alleqations of as background C. Schedulin~ set the matter for q conference in order that the the commission, and the officer may arrive at a mutually agreed date Jblic hearing. D. Notice of of the notice of hea~ the commencement of the contested case I shall by any of the following means: certified mail with return service as provided in the Iowa Rules of Civil Procedure, as provided by the Iowa Rules of Civil Procedure to all interested or least 30 days before the date of the hearing. Certified mail of service or similar evidence of service shall be filed with the presidinq officer. 1. The time and place 2. The nature authority and jurisdiction under which the hearinq beinq held; 3. A short and plain matters asserted. This requirement may be satisfied by as described by the statement of charqes or an incorporation of the 4. The reference to the ' Ordinance?) involved; 5. Identification of all address and tele number of the person who will act as for the and of parties' counsel where known; and 6. Identification nistrative law judqe. E. Answer to notice The respondent is en~;ouraqed to file an answer to the allegation contained the notice of hearinq with{n 20 days of the service of the notice of hearin( are encouraged as a mear~ of sharpeninq the issues and preservinq claimed / (1) If a 'or participate in a contested cas~,,proceeding after proper service the administrative law judge may, if no adjournh~ent is qranted, enter a 3roceed with the hearing and render a decisionN, jn the absence of the party. (2) Default ' ' or decisions rendered on the merits after y has failed to a contested case proceeding become final ager'~cy action unless, within date of notification of mailinq of the decision, a ~notion to vacate is filed served on all parties or an appeal of a decision on the merits is timely {3) "Good cause" for purposes of this rule shall have the same meaninq as "qood cause" for settinq aside a default iudqment under Iowa Rule of Civil Procedure=1.977. G. and service of documents. the notice of hearinq, all pleadinqs, motions, documents or other papers shall be filed the administrative law iudqe with a copy to padies of record, with separate ) the Commission and to the City by these rules, the of Civil Procedure pedainincl to discover motions or other papers that are required to be ' shall be with the administrative law iudqe. H. Discovery. (1) Discover~ )licable in civil actions as in the Iowa Rules of Civil Procedure ]ble in contested cases, or shortened by these rules or by order administrative law for compliance with discovery shall be as in the Iowa Rules Procedure. (2) When discover~ )rmation from the corn ~qht, discovery should be made upon the corn with a to the City Attorney. When discovery of information the commission ' discovery should be made upon the commission with a the complainant or the complainant's representative. I. Subpoenas. (1) A Commission subpoena to a party upon request. Such a request should be in writin¢ but oral re( be honored by the administrative law iudge. The uest shall include the name and tele number of the requestinq party. (2) Parties are responsible for servic subpoenas and payment of witness fees and mileaqe expenses. J. Motions. (1) No technical form for motior )rehearinq motions must be in writinq, state the qrounds for and relief souqht. Any motion for summary iudqment shall com with Rules Procedure. Motions made durinq the hearin.q may be stated orall' the record. (2) Any party may file a to a 14 days after the motion is served unless the time the administrative law iudqe. (3) rnent shall com uirements of the Iowa Rules of Civil Procedure 1.981. K. Prehearinq conferences. \ Upon the own motion or th"~ motion of the parties, the administrative law direct the parties or thei~counsel to meet with the administrative law a conference to consider: (1) Simplification (2) Necessit' ' of amendments to pleadinqs for'purposes of clarification, )lification )ulations of fact and of contents and authenticif~ of documents; (4) Limitation of of witnesses; (5) Schedulin ~e exchanqe of witness lists and proposed\exhibits; :h the parties intend to request be officially\noticed; and (7) Such other includi~ discovery matters, as may tepid to expedite the disposition of the proceedinqs. L. Continuances. Unless otherwise provided, applications for continuances shall be made to the law iudqe. M. The law iudqe shall withdraw from participation in the making of an,/ decision in a contested case if that person: bias or udice concernin a party; ~rosecuted or advocated in with that case, the specific that case another factually related contested factually related cc culminate in a contested the same parties; (3) Is subiect to or discretion of a who has personally or advocated in connection that contested case, the that contested case factually contested case or controvers~ the same parties; (4) Has acted as counsel ~rson who is a that ~q within the past two years; (5) Has a personal financial in the outcon of the case or any other siqnificant personal interest that could be ~bstantiall, the outcome of the case; (6/ Has a spouse or relative the third of relationship that: a.) is a party to the case, or an officer, director trustee of is a lawyer in the case; c.) is known to have an interest that be affected by the outcome of the case; or d.) is likely to be a material ~; or (7) Has any other leqall¥ sufficient Iraw from participation in the decision- makinq in that case. N. Ex parte communication. Unless required for the disposition ~rte matters t authorized by this Title or the Iowa Rules of Civil issuance of the notice of hearinq, there shall be no between the administrative law e and of with a direct or indirect interest in such case issue of fact or law in the case exce notice and o O. Powers of administrative The ad~ ~resides at the hearinq shall have all necessary to the of a fair and impartial hearinq includinq, but not limited r to: (1) Conduct formal heari sin accordance with the of this title; (2) Administer oaths ar examine witnesses; and witnesses in control of the parties; Issue sub {5) Issue ; (6) Rule on and other ,ms or matters; (7/Require the S~ubmission of briefs; (8) Issue such orders and rulinqs as will ensure the ~qs; (9) Receive, r~Jle on, exclude or limit evidence and limit lines of testimony which are irrelevant, immaterial, or unduly repetitious; (10) Maintain the decorum of the hearinq including the power to to admit or to expel an¥(~ne whose conduct is disorderly; (11 ) Take any action authorized by these rules; and (12) Impose appropriate sanctions against any party or person failin f an order; P. Hearin~t procedures. (1) Objections. All objections shall be timely made and stated in the record. Any objection not duly made before the -administrative law judqe shall be deemed waived. (2) Representation of parties. Parties have the riqht to participate or to be represented in all hearings or prehearing conferences related to their case. (3) Riqhts of parties. Subiect to terms and conditions prescribed by the administrative law iudge, parties have the right to introduce evidence on issues of material fact, cross- examine witnesses present at the hearinq as necessary for a full and true ,e'isclosure of the facts, present evidence in rebuttal, and submit briefs and engage in or. al'argument. (4) Sequestration of witnesses. At the request of a party Or ,s'~a sponte, the administrative law iudqe may order witnesses sequestered so ~¢~ cannot hear the testimony of ot,h, er witnesses. (5) Contents of record. The record in a contested case befo ~/the administrative law iudqe shall include: a. All pleadinqs, motions, and rulings; b. All evidence received or considered and all other sul c. A statement 0¢ matters officially noticed; d. All questions and offers thereon; e. All proposed findinqs and exceptions; f. Any decision, opinion, or report by the admini~ law at the hearing. Deliberations of the con, mission when decidin< pt a proposed decision are not part of the record unless of the record by order of the commission or the administrative law judge. Q. Evidence. (1) The administrative law evidence and may, where take official notice of fa ]nce with all applicable requirements of (2) Stipulation (3) Evidence in the proceedin( be confined to the issues as to which the parties receive notice prior to the hearir the parties waive their right to such notice by express or ' adminiArative law iudge determines that good cause justifies their expansion. (4) Althouqh the rules do notakply in a contested case hearin~q, a finding shall be based of evidence On which reasonably prudent persons are accustomed to rel conduct of their serious affairs, and may be based upon such evidence even if it wo~ be inadmissible in a iud/trial. Irrelevant, immaterial, or unduly repetitious evidence ~f be excluded. The admi~strative law iudge shall give effect to the rules of ~ ~ ~ (5) No evid ;rice i~ll be received at any hearinq cb0cerning offers or counter-offers of adiustment durir efforts to conciliate or settle ah, alleged unfair or discriminatory practice. R. practices. In a case alleging conduct which constitute~ sexual harassment, a party seekir of information concerning the complainant's sexual conduct with persons than the person ,,w, ho committed the alleged ~ct of sexual harassment, must sp~ ~cific fi ~cts sho ring good cause for discover~ and that the information sou, relevant to the subject matter of the action, and reasonably calculated to lead evidence. a contested case against a respondent who is accused of ~Xual harassment, or or employee is accused of sexual harassment, evidAnce concerninq the sexual behavior of the alleged victim is not admissible. S./ of record. Upon request by a party the commission shall provide a copy of /the whole or any portion of the record at cost. The cost of preparinq a copy of the record shall be paid by the requestinq party. T. Posthearing briefs. (1) The -administrative law judge may fix times for submission of posthearinq briefs. Unless otherwise ordered, such briefs shall be filed simultaneously by all parties and there shall be no page limit nor any other formal requirements. (2) Reply briefs. If simultaneous briefs are filed then any party may file a reply brief within 10 days after service of the brief to which the reply is made. U. :vidence. eneral. A uest the taking of additional evidence only by establishinq is material, that qood cause existed for failure to the evidence at and that the has not waived the evidence. uest to present additional evidence is made after ~e ~ssuance of the proposed '' then the request must be filed with nona within 14 the service of the If the commission grants the the remand the case to the law iudqe for the taking of the addi evidence and any appropriate proposed order. V. Proposed decision. After a review of the the and the administrative law judge shall set forth conclusions of decision and order. The proposed becomes the final decisio~ commission without further proceedinqs unless there or rewew on ~ of, the commission within 30 days. W. Review of proposed decision on adverse affected decision to the commission within 30 ~ce of the decision. (2) Review. The commission Jecision on its own motion at any time within 30 days followin( ;~on. (3) Notice of appeal. An a a decision is initiated by filinq a timely notice of appeal with the commission. The notice must be siqned by the appealing party or a representative of that party and contai~ ertificate of service. The notice shall specify: a. The pt b. The proposed decision or orde c. The specific or Jsions which exception is taken and any other exceptions to the decision d. The relief sought; and e. The grounds for relief. (4) Oral arqument. All allowed ten minutes to present oral arqument to the commi., whenever the ~ission reviews a proposed decision pursuant to this rule. commission ma, allow oral arqument to continue Ionqer. (5) Briefs and nless ordered the notice of appeal or order for review file briefs. Within 10 days thereafter r file a responsive brief. The may shorten or extend the ~riate. X. Scope of review b (1) commission reviews a decision all the power it would have in initiall' the final decision. The the administrative decision or it may remand the administrative law takinq of additional evidence and the further findin( conclusions of law, or decision -that it deems (2) -WhenE the commission reviews a proposed decision it only those issues actdally presented to the administrative law judqe unless the was one which either: a. Was raised prior to the proposed decision by a party, but not ruled upon, or b. Was discussed in the proposed decision, but not arqued on brief by the parties. Y. motion for leave to intervene in a contested case proceedinq shall state the q~ intervention, the position and interest of the and the intervention on the proceeding. A proposed in intervention be attached to the motion. Any pad,/may file a 14 days of service of the otion to intervene unless the time period is exte~ shortened by the administrative (2) Grounds for The movant shall demonstrate that: intervention would not undul or otherwise preiudice the existin( movant is likel, rieved or adversely affected proceedinq; and (c) the interests of the ~ovant are not adequately rel (3) Effect of 'anted leave to ~roceedinq. The order restrict the issues ' beraised by the intervenor or otherwise condition the participation in the Z. Awards of attorney's fees. (1) In any final decision plainant is entitled to an award but the actual,~ ~ount has not, been determined, there is, by operation of this- ~rovision of the case by the commission in order to determine the actual to which the party is entitled and to enter a subsequent order awarding those of whether or not such retention of jurisdiction is expressed in the final such case, the decision is final in all other respects except the determination of the unt of the attorney's fees. (2) If the amount of attorney's fees is ~ulated to by the parties, the -administrative law iudge shall schedule a hearing the amount of the attorney's fees. AA. Waiver, modification of rules. (1) Upon notice to all with to matters pendinq, modify or waive herein a determination that no pad¥ will be prejudiced and that the ends of be set (2) Unless otherwise in a contested case proceeding may waive any provision of this ch~ the administrative law iudqe, in the discretion of the to qive effect t~such a waiver when the administrative law iudqe deems the waiver be inconsistent with th~public interest. BB. Application \ (1) By whom filed, to a contested case pro~,edinq may file an application for rehearinq from a final \ (2) Content of The application for rehearing~,hall state on whose behalf it is filed for rehearing, and the relief sought. In addition, the application shall ~licant desires reconsideration of al~or part of the decision on the existin whether the ~licant uests an opp~ortunity to submit additional evidence, s~s~'~n (3) Time of t be filed with the commi within 20 days after the issuance decision. parties. A copy of the application shall be timel~ mailed by the applicant to all not ioininq therein. Any application for a rehearinq shall be deem~cl denied unless the qrants the application within 20 days after its filing. The c~¢nmission shall notify in writing that the application was denied. ~ CC. AsseSsment of costs of hearinq. (1) General rule. If the complainant or the commission prevails in the hearinq, the respondent shall pay the "contested case costs" incurred by the commission. ~f the respondent prevails in the hearinq, the commission shall itself bear the "contested case costs" incurred by the commission. (2) Mixed results. Where the complainant or commission is successful as to part of the sought at the hearin¢~ and unsuccessful as to part of the remedies, the law iudqe may recommend an equitable apportionment of "contested case between the commission and the respondent. ~. The followinq "contested case costs" and no others wi~be assessed or a. e of the court reporter for attendinq and transcrit- the hearinq. b. he court reporter for travelinq to and hearinq. c. ,~1 time charqes of the court from the hearinq. d. The of the original of the transcripts of the hearinq. e. Posta by the administrative law ular or certified made part of the record. DD. Appeals to court. Appeals to the district from the decision of the commission shall be ~ursuant to the provision,' pter 17A. (Ord. 94-3647, 2-4-7: FINDINGS A. If upon taking II of the eviden¢ g, the Commission determines that the respondent has or unfair practice, the Commission shall state its findings of fact and lusions and shall issue an order requiring the respondent to cease and desist or unfair practice and to take the necessary remedial action as in merit of the Commission shall carry out the purposes of this Title. A copy of )rder shall be delivered to the respondent and complainant and to an' and persons as the Commission deems proper. A description of possible remedial in Section 2-4-5 of this Chapter. B. If upon taking into consideration all,9nce at a hearing, the Commission finds that a respondent has not engaged in ' such di,, 1minatory or unfair practice, the Commission shall issue an order denying and statin the findings of fact and conclusions of the Commission, and shall cause; ;opy of dismissing the complaint to be served by certified mail on the complain; the res (Ord. 94-3647, 11-8-1994) 2-4-8: JUDICIAL REVIEW; EN ~RCEMENT: A. The Commission may obta order of col omement of Commission orders in a proceeding as provided Section. Such an ent proceeding shall be brought in the District Court of the ' where the discriminator ~ctice occurred. B. Such an enforcement g shall be initiated by ~g of a petition in the Court and the service of a upon the person charged, shall then file with the Court a transcri record of the hearing before it. Court has the power to grant such temporary re or restraining order as it deems just proper, and to make and enter upon the ~dings, testimony and proceeding set forth such transcript an order enforcing, modi and enforcing as so modified, or settir aside the order of the Commission ' or in part. C. An objection not been urged before the Commission be considered by the Court in an '~forcement proceeding, unless the failure or neglect such objection shall be because of extraordinary circumstances. the enforcement proceeding may move the Court to rem'ti the case to the D. Any in the interest of justice for the purpose of adducing addi~or~al specified and materia evidence and seeking findings thereof, providing such partes shall show ~le grounds for the failure to adduce such evidence before the Com~ssion. E. In the enforcement proceeding the Court shall determine its order on the same basis as it would in a proceeding reviewing Commission action under section 17A.19, Code of Iowa, as amended. F. The Commission's copy 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 Commission's orders. G. The Commission may appear in Court by the City Attorney or a designee. H. If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an r of the Commission issued pursuant to this Section, the Commission may obtain an order the Court for the enforcement of such order upon showing that the person charged ~bject to the jurisdiction of the Commission and resi or transacts business within in which the petition for enforcement is brought. I. Judicial actions of the Commission may be sought i ~ccordance with the terms of the Iowa Adr istrative Procedure Act, as amended. ~g the terms of such Act, petition for ;iai review may be filed in the Distric~ ~ in which an enforcement proceeding sections A and B of this Section ht. For purposes of the time limit for filing ition for judicial review under the I~ strative Procedure Act, as of a final decision of the under this Title occurs on the date lion is mailed by certified the parties. Notwithstanding the time limit provided in 17A. 19, subsection the Code of Iowa, as amended, a petition for judicial reviewqo-probable cause sions and other final agency actions which are not of general ~bility must be thirty (30) days of the issuance of the final agency action. (Ord. 2-4-9: SIXTY DAY RELEASE )M ADM ~TRATIVE PROCESS; ALTERNATIVE JUDICIAL PROCEEDINGS UPON A. Conditions For Release: A person be aggrieved by an unfair or discriminatory practice must initially by filing a complaint with the Commission in accordance with Section 2-4-1 of this CI After the proper filing of a complaint with the Commission, a person may ~mmence an action for relief in the District Court if all of the following conditions have tisfied: 1. The complainant has timely with the Commission as provided in subsection 2-4-1E of this Chapter. ,/ 2. The complaint has been on file?with the at least sixty (60) days and the Commission has issued a releas~ to the ainant pursuant to subsection B of this Section. B. Requirements For Issuance Of/~5,elease: Upon a uest by the complainant, and after the expiration of sixty (60) days f¢~m the timely filing complaint with the Commission, the Commission shall issue to the complainant a release that the complainant has a right to commence an action in,he District Court. A under this subsection shall not be issued if a finding of no pCobable cause has been )n the complaint, or a conciliation agreement has been exe(:uted, or the Commission has rved notice of hearing upon the respondent, or the complaint is closed as an admin stral \~los.~re and two (2) years have elapsed since the issu~'nce date of the closure. C. Availability Of Documents: Notwithstanding Section 2-2-4 of th'i,s Title, a party may obtain a copy of all documenCs contained in a case file where the Comr~ssion has issued a release to the complainant ~tursuant to this subsection. D. Commencement ~)f Action: An action authorized under this ,~,ection is barred unless commenced with/b ninety (90) days after issuance by the CommiSsion of a release under subsection B of/[his Section. If a complainant obtains a release from"~he Commission under subsection B o~this Section, the Commission shall be barred from'~urther action on that complaint. E. Venue: Venue for an action under this Section shall be in Johnson County, Iowa. F. Relief: The District Court may grant any relief in an action under this Section which is authorized by Section 2-4-5 of this Chapter. The District Court may also award the respondent reasonable attorney fees and court costs when the Court finds that the complainant's action was frivolous. G. Legislative Intent: It is the legislative intent of this Section that every complaint be at least preliminarily screened by the Commission during the first sixty (60) days. This subsection does not authorize administrative closures if an investigation is warranted. (Ord. 94-3647, 11-8-1994) , 2-4-1 LECTED-HOUSING: A. A complainant, or an aggrieved person on whose beha ~ complaint alleging a violation of Chapter 5 his Title was filed, may elect to have th, asserted in that charge decided in a civil )n. 1. The particular party ~g to have his or her case in a civil rather than administrative action under sL 2-5-4L of this Title, mu.~ so no later than twenty (20) days after the date of of the probable cause dc In the event the Commission makes such election must be made not later (20) days after the date the determination was issued. 2. The person making the election 311 give notice to Commission and to all other complainants and respondents he 3. The election to have the charges in a civil action as provided here, is available only if it is alleged there a of Section 2-5-1 or 2-5-3 of this Title. B. An aggrieved person may file a civil action in not later than two (2) years after the occurrence or the termination of an discriminatory housing or real estate practice, whichever occurs last, to obtain a relief with respect to the discriminatory housing or real estate practice or breach of a cot agreement. 1. The two (2) year period does not include between the filing of a housing or real estate practice discrimination complaint an( of that complaint by the Commission. 2. An aggrieved person may file an action ur S~ not a discriminatory housing or real estate complaint has been __ and/or Section 2-5-3 of this Title, and without regard to the of any natory housing or real estate complaint filed under those Sections, but: a. If the Commission has obtained conciliation 9nt with the consent of an aggrieved person, the aggrieved pe shall not file an under this Section with respect to the alleged discriminator, that forms is for the complaint except to enforce the terms of the agreem, t. b. An aggrieved person shall an action under this ion with respect to an g estate practice of a probable cause determination issued Commission if the las begun a hearing on the record under this Cha with respect to the charge. (Ord. 5-20-1997) 2-4-11: CIVIL PROCEEDII' A. 1. If timely 2-4-10A of this Chapter, the ~;ommission shall authorize, not later than thir days after the election is made, the filin~,of a civil action on behalf of the complainan District Court and the City Attorney, or its designated agent, shall commence and such action. 2. An aggrieved person m~ , intervene in the action. 3. hat a discriminatory housing or real estate practice has occurred or is about to occur, the Court may grant as relief any relief that a court may grant in a civil action 4. If monetary relief is ht for the benefit of an aggrieved person who does not'intervene in the civil action, th~ Court shall not award the monetary relief if that aggrieved person has not corn with discovery orders entered by the District Court. B. A Commission order for remedial action and a Commission order that has been substantially affirmed by judicial review, do not affect a contract, sale, encumbrance, or lease that was consummated before the Commission issued the order and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge issued under this Title. C. If the Commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the Commission, not later than thidy (30) days after the date of the issuance of the order, shall do all of the following: ./ Send copies of the findings and the order to the governmen,~l agency. 'l~eco -nmend to the governmental agency appropriate disc/J/plinary action. D. In ~n'~ction under subsection 2-4-10A or B of this Chapte/K, if the District Court finds that a d ;crirr~i~atory housing or real ~ractice has occurred or is about to occur, the District C ~urt ma~,,.award or issue to the plaintiff one or more of/the following: 1. Actual an'~punitive damages. ~ 2. Reasonabl~,ttorney fees. ~ 4. Subject :o sub, ion E of this Section, any per),hanent or temporary injunction, temporary restraining order, order, including an ord/~r enjoining the defendant from engaging in the ~propriate affirmative ~ction. E. Relief granted un, does not affe~ a contract, sale, encumbrance, or lease that was consummated granting of t~e relief and involved a bona fide purchaser, encumbrancer, or tenant not have//actual notice of the filing of a complaint under this Title or a civil action under s Sectionz F. The City Attorney, on behalf of or other party at whose request a subpoena is issued, may enforce the sub in//appropriate proceedings in District Court. (Ord. 97- 3785, 5-20-1997) G. A court in a civil action brou( Section, or the Commission in an administrative hearing under subsection 2-5-4L may award reasonable attorney fees to the prevailing party and assess court cCsts ~st the nonprevailing party. (Ord. 97-3785, 5-20- 1997; amd. Ord. 99-3905, 10-12-1999) sue/HumanRts/HROrdAm I Prepared by: Susan Dulek, Asst. City Attorney,/,#10 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESO L,,,U'TION NO. ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," TO SIMPLIFY THE PROBABLE CAUSE DETERMINATION PROCESS,TO PROVIDE FOR MEDIATION, TO STREAMLINE THE CONCILIATION PROCESS, TO DEFINE LITIGATION WORTHY, TO ESTABLISH PROCEDURES FOR PUBLIC HEARINGS, TO MODIFY THE POWERS OF THE HUMAN RIGHTS COMMISSION, TO CLARIFY CERTAIN DEFINITIONS, AND TO MAKE ADDITIONAL NONSUBSTANTIVE CHANGES. WHEREAS, the distinct roles of the Human Rights Commission ("Commission"), the City Attorney's Office, and the Commission staff need to be clarified with respect to the probable cause investigation and determination; and WHEREAS, the existing conciliation process is cumbersome and not as effective as it could be; and WHEREAS, there currently is no provision for the complainant and the respondent to engage voluntarily in mediation; and WHEREAS, there is no process to analyze when a case should proceed to public hearing following a probable cause determination; and WHEREAS, there are presently few provisions governing the proceedings of a public hearing; and WHEREAS, most of the amendments by which complaints are investigated, probable cause determinations are made, and public hearings are conducted mirror the process used by the Iowa Civil Rights Commission; and WHEREAS, the duties bestowed and the powers granted to the Commission need to reflect the modified role of the Commission in the probable cause determination and its increasing role in educating the public on human rights and illegal discrimination; and WHEREAS, the Commission approved these changes at its meeting on September 23, 2003; and WHEREAS, it is in the best interest of the City to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amended by repealing the definition of "Age" and substituting in its place the following new definition: Age: Chronological age of any person. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amended by repealing the definition of "Conciliation Team" and substituting in its place the following new definition of "conciliation": Conciliation: The attempt by the Human Rights Coordinator to reach a resolution with both parties in a case in which a determination of probable cause has been made. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amended by repealing the definition of "Court" and substituting in its place the following new definition: Court: The district court of the state of Iowa or any judge of the court if the court is not in session at that time. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amended by adding the following new definition: Crediti "Credit" as defined in section 537.1301(15) of the Code of Iowa, as amended. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amended by adding the following new definition: Creditor: "Creditor" as defined in section 537.1301 (17) of the Code of Iowa, as amended. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amended by repealing the definition of "Credit Transaction" and substituting in its place the following new definition: Consumer Credit Transaction: "Consumer credit transaction" as defined in section 537.1301(11) of the Code of Iowa, as amended. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amended by repealing Paragraph C of the definition of "Disability" and substituting in its place the following new Paragraph C: C. Being regarded as having such an impairment. "Disability" does not include current, illegal use of or addiction to a controlled substance as defined by chapter 124A of the Code of Iowa, as amended. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amended by repealing the definition of "Employer" and substituting in its place the following new definition: Employer: Includes any person, wherever situated, who employs one or more employees within the City, or who solicits individuals within the City to apply for employment within the City or elsewhere. The term includes the City itself, and to the extent not inconsistent with State law, all other political subdivisions, public corporations, governmental units conducting any activity within the City and public agencies or corporations. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amended by repealing the definition of "Investigator." Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amended by repealing the definition of "Public Assistance Source of Income" and substituting in its place the following new definition: Public Assistance Source of Income: Income and support derived from any tax-supported Federal, State or local funds, including, but not limited to, social security, supplemental security income, temporary assistance for needy families, family investment program, general relief, food stamps, and unemployment compensation, but not including rent subsidies. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amended by repealing the definition of "Respondent" and substituting in its place the following new definition: Respondent: ^ person who is alleged to have committed an act prohibited by this Title and/or against whom a complaint has been filed under this Title. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amended by adding the following new definition: Unfair Practice or Discriminatory Practice: Those practices specified as unfair or discriminatory in sections 216.6, 216.7, 216.8, 216.8A, 216.9, 216.10, 216.11, and 216.11A of the Code of Iowa, as amended, or this Title. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 2, entitled "Purpose," is hereby amended by repealing Section 2 in its entirety and substituting in its place the following: It is the purpose of this Title to protect citizens of the City against "discrimination" as defined in this Chapter. Moreover, this Title provides for execution within the City of the policies of the Iowa Civil Rights Act of 1965, as amended, the Federal Civil Rights Acts, as amended, the preamble and part I (articles 1-7) of the "International Convention on the Elimination of All Forms of Racial Discrimination (1966)", as amended, and the promotion of cooperation among the City, State and Federal agencies which are charged, presently and in the future, with enforcing these Acts and instruments. Title 2, entitled "Human Rights," Chapter 2, entitled "Human Rights Commission," Section 1, entitled "Commission Established; General Duties," is hereby amended by repealing Section 1 in its entirety and substituting in its Place the following: There is hereby established the Iowa City Human Rights Commission whose duties shall be to disseminate information, educate the public on illegal discrimination and human dghts, provide the enforcement necessary to further the goals of this Title, and protect citizens from unfounded charges of discriminatory practices. Title 2, entitled "Human Rights," Chapter 2, entitled "Human Rights Commission," Section 2, entitled "Powers," is hereby amended by repealing Section 2 in its entirety and substituting in its place the following: The Commission created by this Chapter shall have the following powers to: A. Receive complaints alleging unfair or discriminatory practices. B. Investigate and study the existence, character, causes and extent of discrimination in the areas covered by this Title and to eliminate discrimination by education and enforcement where necessary. C. Issue publications and reports of the research and investigations of the Commission subject to the limitations of confidentiality. 3 D. Prepare and transmit to the City Council from time to time, but not less often than once each year, reports describing the proceedings, investigations, hearings, decisions and other work performed by the Commission. E, Make recommendations to the City Council for such further legislation concerning discrimination as it may deem necessary and desirable. F. 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 Title, and in the planning and conducting of programs designed to eliminate racial, religious, cultural and other intergroup tensions. G. Educate the public on human rights and illegal discrimination, such as organizing and facilitating educational public forums that address one or more of the broad range of topics included within the rubric of human rights. H. Seek injunctive relief as may be appropriate to preserve the rights of the complainant and the public interest when it appears that a complainant may be irreparably injured before a public hearing can be called to determine the merits of the complaint. I. Issue subpoenas and order discovery as provided by this Section to aid in investigations of allegations of discrimination. The subpoenas and discovery may be ordered to the same extent and are subject to the same limitations as subpoenas and discovery in a civil action in District Court. Title 2, entitled "Human Rights," Chapter 2, entitled "Human Rights Commission," Section 4, entitled "Records to Be Public; Exceptions," is hereby amended by repealing Section 4 in its entirety and substituting in its place the following: A. The disclosure of information, whether a charge has been filed or not, or revealing the contents of any file is prohibited except in the following circumstances: 1. A written request is received by a party or party's attorney following a probable cause determination. 2. If the Commission has issued a right-to-sue letter, a party or a party's attorney may have access to the Commission case file on that complaint. B. No member of the Commission staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, mediation, conciliation or persuasion, except as may be necessary to conduct an investigation of a complaint. Nothing in this Section shall prevent the Commission from releasing such information concerning alleged or acknowledged discriminatory practices to the State Civil Rights Commission, the United States Civil Rights Commission, the Federal Equal Employment Opportunity Commission, and other agencies or organizations whose primary purpose is the enforcement of civil rights legislation. This Section does not prevent any complainant, 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. Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 1, entitled "Employment; Exceptions," Paragraph A is hereby amended by repealing Paragraph A in its entirety and substituting in its place the following: It shall be unlawful for any employer to refuse to hire, accept, register, classify, promote or refer for employment, or to otherwise discriminate in employment against any other person or to discharge any employee because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. 4 Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 1, entitled "Employment; Exceptions," Paragraph F is hereby amended by repealing Subparagraphs 5 and 7 of Paragraph F in their entirety and substituting in their place the following: 5. The employment 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 occupational qualification shall be interpreted narrowly. ' 7. The employment on the basis of disability in those certain instances where presence of disability is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 3, entitled "Credit Transactions; Exceptions," Paragraph D is hereby amended by repealing Paragraph D in its entirety. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 1, entitled "Persons Who May File Complaints; Method of Filing Complaint; Amending Complaint," Paragraph B is hereby amended by repealing Paragraph B in its entirety and substituting in its place the following: Upon the filing of a complaint, the Human Rights Coordinator shall serve notice on the complainant acknowledging the filing and advising the complainant of the time limits and choice of forums provided under the law. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 1, entitled "Persons Who May File Complaints; Method of Filing Complaint; Amending Complaint," Paragraph D is hereby amended by repealing Paragraph D in its entirety and substituting in its place the following: Complaints and Answers may be amended as follows: 1. The complainant shall have the power to amend any complaint at any time prior to the Human Rights Coordinator's probable cause recommendation. 2. The Human Rights Coordinator shall have the power to amend any complaint after a probable cause finding and prior to the decision to have a public hearing. 3. At the discretion of the administrative law judge, the complaint may be amended after the decision to have a public headng. 4. The respondent shall have like power to amend such respondent's answer, at any time prior to hearing, and thereafter at the discretion of the administrative law judge. 5. Amendments to the complaint and answer alleging additional acts which constitute unfair or discriminatow practices related to or growing out of the subject matter of the original complaint will relate back to the date the original complaint or answer was filed. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 1, entitled "Persons Who May File Complaints; Method of Filing Complaint; Amending Complaint," is hereby amended by adding a new Paragraph G: A complaint or any part thereof may be withdrawn by the complainant at any time prior to the notice of the public hearing and thereafter at the discretion of the Commission. However, nothing herein shall preclude the Human Rights Coordinator from continuing the 5 investigation and initiating a complaint on the Commission's behalf against the original respondent whenever it deems it in the public interest. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled "Investigation of Complaints; Predetermination Settlement," is hereby amended by repealing Section 2 in its entirety and substituting in its place the following: A. After the filing of a verified complaint, a true copy shall be served within twenty (20) days by certified mail on the person against whom the complaint is filed. Service is effective upon mailing. B. Upon the filing of a complaint the Human Rights Coordinator shall promptly serve notice on the respondent or person charged with the commission of a discriminatory housing practice advising them of his or her procedural rights and obligations under the law or ordinance together with a copy of the complaint. C. The Human Rights Coordinator must commence proceedings with respect to the complaint before the end of the thirtieth (30"') day after receipt of the complaint. The Human Rights Coordinator may draft and mail to the parties written questionnaire/document requests to which respondent and complainant are required to respond. Answers and documents are to be received by the Human Rights Coordinator's office within thirty (30) days of the receipt of the questionnaire/document request unless an extension has been granted by the Coordinator. D. After reviewing materials responsive to the questionnaire/document request, the Human Rights Coordinator shall determine whether the complaint warrants further investigation. If the Human Rights Coordinator finds there is a reasonable possibility of a probable cause determination or the legal issues present in the complaint need further development, the Human Rights Coordinator shall promptly resume the investigation of the complaint. A complaint determined by ,the Human Rights Coordinator not to warrant further processing by the Human Rights office shall be reviewed by the City Attorney. If the City Attorney determines that the complaint does not warrant further investigation, it shall be administratively closed. Notice of such closure shall be promptly served upon the complainant and the respondent by certified mail. Service is effective upon mailing. Such notice shall state the reasons for administrative closure. E. A complainant may object to the administrative closure and request review within twenty (20) days of service. If a complainant makes a timely written request for review of the administrative closure, the Human Rights Coordinator shall promptly review the complainant's request and all relevant material and inform the City Attorney of said review. If, after review then by the City Attorney, it is determined that the complaint does not warrant further processing, the Human Rights Coordinator shall close the file and notify the complainant and respondent of the final decision of administrative closure. If, after review, the City Attorney determines that there is a reasonable possibility of a probable cause determination or the legal issues presented in the complaint need further development, the allegations will be investigated further. F. A complaint may be administratively closed at any time if the complainant cannot be contacted after diligent efforts or is uncooperative causing unreasonable delay in the processing of a complaint. G. Upon completion of the investigation, the Human Rights Coordinator shall issue a written investigative summary and recommendation to the City Attorney as to whether probable cause exists that the person charged in the complaint has committed a discriminatory practice. 6 H. After receipt of the summary and recommendation, the City Attorney shall issue a written opinion as to whether probable cause exists to believe a discriminatory practice occurred as alleged by the complainant. I. Any time after a complaint is flied under this Title, but before the Human Rights Coordinator issues a recommendation to the City Attorney, the Human Rights Coordinator may seek a disposition of the complaint through a predetermination settlement. J. A complaint may be closed as satisfactorily adjusted when the respondent has made an offer of settlement acceptable to the Human Rights Coordinator but not the complainant. Notice of intended closure shall state the reasons for closure and be served by certified mail upon the complainant. The complainant shall be allowed thirty (30) days to respond in writing to the Human Rights Coordinator either stating the reasons why the offer is unacceptable or accepting the offer. The Human Rights Coordinator will review and consider the response before making a closure decision. K. The complainant or respondent may request mediation of the complaint at any time dudng the complaint precass prior to the probable cause determination. Mediation shall not be undertaken unless both the complainant and respondent agree to participate. Mediation may be discontinued at the request of either party. If the complainant and respondent do not reach a mediation agreement, the complaint process shall continue to resolution as provided in this Section. 1. A mediation agreement is an agreement between the respondent and complainant. It is not subject to review or approval of the Commission. 2. All verbal or written information relating to the subject matter of a mediation agreement and transmitted between either the complainant or respondent and a mediator to resolve a complaint filed under this chapter, whether reflected in notes, memoranda, or other work product, is confidential as provided in §2-2-4(B) of this Title. Title 2, entitled "Human Rights," Chapter 4, entitled "Enfomement," Section 3, entitled "Proceedings on Complaint; Probable Cause," is hereby amended by repealing Section 3 in its entirety and substituting in its place the following: A. If the City Attorney finds that probable cause exists regarding the allegations of the complaint, the Human Rights Coordinator shall notify the complainant and the respondent of the finding. The Human Rights Coordinator shall promptly endeavor to eliminate the discriminatory or unfair practice by conference, conciliation and persuasion. B. If the City Attorney finds that no probable cause exists, the Human Rights Coordinator shall issue a written finding dismissing the complaint and notifying the parties of the complainant's right to appeal the finding. Notice of the no probable cause determination shall be promptly mailed to the complainant and to the respondent by certified mail. Service is effective upon mailing. C. A complainant may object to the finding of no probable cause within ten (10) days of receipt of the notice. If a complainant makes a timely written request for review of the finding, the Human Rights Coordinator shall hear the complainant's evidence within thirty (30) days of the request for review and inform the City Attorney of said review. If no probable cause is again the finding after further review by the City Attorney, the Human Rights Coordinator shall notify the complainant in writing of the decision, and shall close the file. If the City Attorney finds probable cause after review, the Human Rights Coordinator shall proceed with efforts to eliminate the discriminatory or unfair practice by conference, conciliation and persuasion. D. In connection with housing discrimination complaints under Chapter 5 of this Title, final administrative disposition of a complaint shall be made within one year of the date of receipt of a complaint, unless it is impracticable to do so. If final administrative disposition within one 7 year is impracticable, the Human Rights Coordinator shall notify the complainant and respondent in writing. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 4, entitled "Conciliation Procedures," is hereby amended by repealing Section 4 in its entirety and substituting in its place the following: A. Following the probable cause determination, the Human Rights Coordinator shall endeavor to eliminate the discriminatory or unfair practice by conciliation, conference and persuasion for a period of thirty (30) days following the initial conciliation meeting with the respondent. After the expiration of thirty (30) days, the Human Rights Coordinator may order the conciliation conference and persuasion procedure to be bypassed if the procedure is determined to be unworkable by reason of past patterns and practices of the respondent, or a statement by the respondent that the respondent is unwilling to continue with the conciliation. The Human Rights Coordinator shall state in writing the reasons for bypassing further conciliation efforts. B. A conciliation agreement shall become effective after it has been signed by the respondent, or authorized representative, the complainant, or authorized representative and by the Human Rights Coordinator on behalf of the Commission. Copies of the agreement shall be served on all parties. The Commission shall be informed of the agreement. C. The terms of a conciliation agreement reached with the respondent may require the respondent to refrain in the future from committing discriminatory or unfair practices of the type stated in the agreement; to take remedial action which, in the judgment of the Human Rights Coordinator, will carry out the purposes of this Title; and to consent to the entry in an appropriate District Court of a consent decree embodying the terms of the conciliation agreement. Violation of such a consent decree may be punished as contempt by the Court in which it is filed, upon a showing by the Human Rights Coordinator of the violation at any time within six (6) months of its occurrence. In all cases in which a conciliation agreement is entered, the Human Rights Coordinator shall issue an order stating its terms and furnish a copy of the order to the complainant, the respondent, and such other persons as the Coordinator deems proper. At any time, in the discretion of the Human Rights Coordinator, the Coordinator may investigate whether the terms of the agreement are being complied with by the respondent. Upon a finding that the terms of the conciliation agreement are not being complied with by the respondent, the Human Rights Coordinator shall take appropriate action to assure compliance. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 5, entitled "Remedial Action," Paragraphs A and H are hereby amended by repealing Paragraphs A and H in their entirety and substituting in their place the following: A. Hiring, reinstating or promoting of employees with or without pay. Interim earned income and unemployment compensation shall operate to reduce the pay otherwise allowable. H. Payment to the complainant of damages caused by the discriminatory or unfair practice which may include actual damages, emotional distress damages, front pay, court costs and reasonable attorney fees. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 5, entitled "Remedial Action," is hereby amended by adding a new Paragraph L: Any other relief that the administrative law judge finds to be appropriate. 8 Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 6, entitled "Notice and Hearing," is hereby amended by repealing Section 6 in its entirety and substituting in its place the following: A. Litigation Worthy. Upon notification by the Human Rights Coordinator that conciliation has been bypassed or unsuccessful, the City Attorney shall form an opinion as to whether the case is litigation worthy and make a recommendation to two (2) members of the Commission whether the case should be dismissed or proceed to public hearing. If both members of the Commission wish to proceed contrary to the recommendation of the City Attorney, they may authorize the Human Rights Coordinator to do so. Otherwise, the Human Rights Coordinator shall dismiss the case or proceed to public hearing in accordance with the recommendation of the City Attorney. B. Representative of commission. The Commission's case in support of the complaint shall be presented by the City Attorney or designee. C. Statement of charges. 1. When a complaint proceeds to public hearing, the Human Rights Coordinator shall prepare a written statement of charges in support of the complaint, which shall contain: a. An allegation that the respondent is a proper respondent within the meaning of and subject to provisions of this Title. b. A factual allegation or allegations of an unfair or discriminatory practice or practices, substantially as uncovered in the investigation, stated in the complaint (including amendments thereto), or stated in the probable cause decision. 2. A statement of charges is sufficient if it: a. Names the respondents and complainants; b. States the section(s) of the code alleged to be violated; and c. Incorporates by reference the complaint and any amendments to the complaint. 3. The statement of charges shall also specifically identify all allegations, if any, in the complaint, as amended, which: a. Have been closed by other than a probable cause finding, or b. The commission has elected not to prosecute despite a probable cause finding. 4. None of the allegations identified pursuant to 2-4-6B(3) shall be considered as a claim of discrimination in the contested case proceeding, but evidence on such allegations may be considered when relevant to other allegations of discrimination or as background evidence. D. Scheduling conference. The administrative law judge may set the matter for a scheduling conference in order that the parties, including the commission, and the presiding officer may arrive at a mutually agreed date for the public hearing. E. Notice of hearing. Delivery of the notice of hearing constitutes the commencement of the contested case proceeding. Delivery shall be executed by any of the following means: certified mail with return receipt requested, personal service as provided in the Iowa Rules of Civil Procedure, first-class mail, or publication as provided by the Iowa Rules of Civil Procedure to all interested parties or their attorneys at least 30 days before the date of the hearing. Certified mail return receipts, returns of service, or similar evidence of service shall be filed with the presiding officer. The notice shall include: 1. The time and place of hearing; 2. The nature of the hearing, the legal authority and jurisdiction under which the hearing is being held; 3. A short and plain statement of the matters asserted. This requirement may be satisfied by a statement of the issues as described by the statement of charges or an incorporation of the attached statement of charges; 4. The reference ~o the sections of this Title involved; 9 5. Identification of all parties including the name, address and telephone number of the person who will act as advocate for the Commission and of parties' counsel where known; and 6. Identification of the administrative law judge. F. Answer to notice of hearing. The respondent is encouraged to file an answer to the allegation contained within the notice of hearing within 20 days of the service of the notice of hearing. Answers are encouraged as a means of sharpening the issues and preserving claimed error. G. Default. 1. If a party fails to appear or participate in a contested case proceeding after proper service of notice, the administrative law judge may, if no adjournment is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party. 2. Default decisions or decisions rendered on the merits after a party has failed to, appear or participate in a contested case proceeding become final agency action unless, within 15 days after the date of notification of mailing of the decision, a motion to vacate is filed and served on all parties or an appeal of a decision on the merits is timely initiated. 3. "Good cause" for purposes of this rule shall have the same meaning as "good cause" for setting aside a default judgment under Iowa Rule of Civil Procodure1.977. H. Filing and service of documents. After the notice of hearing, all pleadings, motions, documents or other papers shall be filed with the administrative law judge with a copy to parties of record, with separate copies to the City Attorney. Except as provided by these rules, the Iowa Rules of Civil Procedure pertaining to discovery, or other laws, all pleadings, motions, documents or other papers that are required to be served upon a party shall be filed simultaneously with the administrative law judge. I. Discovery. 1. Discovery procedures applicable in civil actions as set forth in the Iowa Rules of Civil Procedure, are applicable in contested cases. Unless lengthened or shortened by these rules or by order of the administrative law judge, time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Procedure. 2. When discovery of information from the complainant is sought, discovery should be made upon the complainant with a copy thereof provided to the City Attorney. When discovery of information from the Commission is sought, discovery should be made upon the Commission with a copy thereof provided to the complainant or the complainant's representative. J. Subpoenas. 1. A Commission subpoena shall be issued to a party upon request. Such a request should be in writing, but oral requests may be honored by the administrative law judge. The request shall include the name, address, and telephone number of the requesting party. 2. Parties are responsible for service of their own subpoenas and payment of witness fees and mileage expenses. K. Motions. 1. No technical form for motions is required. However, prehearing motions must be in writing, state the grounds for relief, and state the relief sought. Any motion for summary judgment shall comply with the Iowa Rules of Civil Procedure. Motions made during the hearing may be stated orally upon the record. 2. Any party may file a written response to a motion within 14 days after the motion is served, unless the time period is extended or shortened by the administrative law judge. 10 3. Motions for summary judgment shall comply with the requirements of the Iowa Rules of Civil Procedure 1.981. L. Preheating conferences. Upon the administrative law judge's own motion or the motion of the parties, the administrative law judge may direct the parties or their counsel to meet with the administrative law judge for a conference to consider: 1. Simplification of issues; 2. Necessity or desirability of amendments to pleadings for purposes of clarification, simplification, or limitation; 3. Stipulations, admissions of fact and of contents and authenticity of documents; 4. Limitation of number of witnesses; 5. Scheduling dates for the exchange of witness lists and proposed exhibits; 6. Identifying matters which the parties intend to request be officially noticed; and 7. Such other matters, including discovery matters, as may tend to expedite the disposition of the proceedings. M. ContinUances. Unless otherwise provided, applications for continuances shall be made to the administrative law judge. N. Disqualification. A person shall not be appointed as an administrative law judge and an administrative law judge shall withdraw from participation in the making of any proposed or final decision in a contested case if that person: 1. Has a personal bias or prejudice concerning a party or a representative of a party; 2. Has personally investigated, prosecuted or advocated in connection with that case, the specific controversy underlying that case, another pending factually related contested case, or a pending factually related controversy that may culminate in a contested case involving the same parties; 3. Is subject to the authority, direction or discretion of any person who has personally investigated, prosecuted or advocated in connection with that contested case, the specific controversy underlying that contested case, or a pending factually contested case or controversy involving the same parties; 4. Has acted as counsel to any person who is a private party to that proceeding within the past two years, unless all parties agree to the administrative law judge;' 5. Has a personal financial interest in the outcome of the case or any other significant personal interest that could be substantially affected by the outcome of the case; 6. Has a spouse or relative within the third degree of relationship that: a) is a party to the case, or an officer, director or trustee of a party; b) is a lawyer in the case; c) is known to have an interest that could be substantially affected by the outcome of the case; or d) is likely to be a material witness in the case; or 7. Has any other legally sufficient cause to withdraw from participation in the decision- making in that case. O. Ex parte communication. Unless required for the disposition of ex parte matters specifically authorized by this Title or the Iowa Rules of Civil Procedure, following issuance of the notice of hearing, there shall be no communication, directly or indirectly, between the administrative law judge and any party or representative of any party or any other person with a direct or indirect interest in such case in connection with any issue of fact or law in the case except upon notice and opportunity for all parties to participate. P. Powers of administrative law judge. The administrative law judge who presides at the hearing shall have all powers necessary to the conduct of a fair and impartial hearing including, but not limited to, the power to: 1. Conduct formal hearing in accordance with the previsions of this Title; 2. Administer oaths and examine witnesses; 3. Compel production of documents and appearance of witnesses in control of the parties; 11 4. Issue subpoenas; 5. Issue decisions and orders; 6. Rule on motions, and other procedural items or matters; 7. Require the submission of briefs; 8. Issue such orders and rulings as will ensure the orderly conduct of the proceedings; 9. Receive, rule on, exclude or limit evidence and limit lines of questioning or testimony which are irrelevant, immaterial, or unduly repetitious; 10. Maintain the decorum of the hearing including the power to refuse to admit or to expel anyone whose conduct is disorderly; 11. Take any action authorized by these rules; and 12. Impose appropriate sanctions against any party or person failing to obey an order. Q. Hearing procedures. 1. Objections. All objections shall be timely made and stated in the record. Any objection not duly made before the administrative law judge shall be deemed waived. 2. Representation of parties. Parties have the dght to participate or to be represented in all hearings or prehearing conferences related to their case. 3. Rights of parUes. Subject to terms and conditions prescribed by the administrative law judge, parties have the right to introduce evidence on issues of material fact, cross- examine witnesses present at the hearing as necessary for a full and true disclosure of the facts, present evidence in rebuttal, and submit bdefs and engage in oral argument. 4. Sequestration of witnesses. At the request of a party or sua sponte, the administrative law judge may order witnesses sequestered so they cannot hear the testimony of other witnesses. 5. Contents of record. The record in a contested case before the administrative law judge shall include: a. All pleadings, motions, and rulings; b. All evidence received or considered and all other submissions; c. A statement of matters officially noticed; d. All questions and offers of proof, objections, and rulings thereon; e. All proposed findings and exceptions; f. Any decision, opinion, or report by the administrative law judge at the hearing. Deliberations of the Commission when deciding whether to adopt a proposed decision are not part of the record unless expressly made part of the record by order of the Commission or the administrative law judge. R. Evidence. 1. The administrative law judge shall rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law. 2. Stipulation of facts is encouraged. 3. Evidence in the proceeding shall be confined to the issues as to which the parties receive notice prior to the hearing unless the parties waive their dght to such notice by express or implied waiver, or the administrative law judge determines that good cause justifies their expansion. 4. Although the rules of evidence do not apply in a contested case hearing, a finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a jury trial. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The administrative law judge shall give effect to the rules of privilege recognized by law. 12 5. No evidence shall be received at any hearing concerning offers or counter-offers of adjustment during efforts to conciliate or settle an alleged unfair or discriminatory practice. 6. The burden of proof shall be by a preponderance of evidence. S. Evidence of past sexual practices. 1. Discovery. In a contested case alleging conduct which constitutes sexual harassment, a party seeking discovery of information concerning the complainant's sexual conduct with persons other than the person who committed the alleged act of sexual harassment, must establish specific facts showing good cause for discovery, and that the information sought is relevant to the subject matter of the action, and reasonably calculated to lead to the discovery of admissible evidence. 2. Evidence. In a contested case against a respondent who is accused of sexual harassment, or whose agent or employee is accused of sexual harassment, evidence concerning the past sexual behavior of the alleged victim is not admissible. T. Cost of copies of record. Upon request by a party the Commission shall provide a copy of the whole or any portion of the record at cost. The cost of preparing a copy of the record shall be paid by the requesting party. U. Posthearing briefs. 1. The administrative law judge may fix times for submission of posthearing briefs. Unless otherwise ordered, such briefs shall be filed simultaneously by all parties and there shall be no page limit nor any other formal requirements. 2. Reply briefs. If simultaneous briefs are filed, then any party may file a reply brief within 10 days after service of the brief to which the reply is made. U. Requests to present additional evidence. 1. In general. A party may request the taking of additional evidence only by establishing that the evidence is material, that good cause existed for failure to present the evidence at the hearing, and that the party has not waived the right to present the evidence. 2. If a request to present additional evidence is made after the issuance of the proposed decision, then the request must be filed with the appeal or, by a nonappealing party, within 14 days after the service of the appeal. If the Commission grants the motion to present additional evidence, the Commission shall remand the case to the administrative law judge for the taking of the additional evidence and any appropriate modification of the proposed order. V. Proposed decision. After a review of the transcript, the evidence, and the briefs, the administrative law judge shall set forth, in wdting, findings of fact, conclusions of law, and a proposed decision and order. The proposed decision becomes the final decision of the Commission without further proceedings unless there is an appeal to, or review on motion of, the Commission within 30 days. W. Review of proposed decision on appeal to the Commission. 1. Appeal by party. Any adversely affected party may appeal a proposed decision to the Commission within 30 days after issuance of the proposed decision. 2. Review. The Commission may initiate review of a proposed decision on its own motion at any time within 30 days following the issuance of such a decision. 3. Notice of appeal. An appeal of a proposed decision is initiated by filing a timely notice of appeal with the Commission. The notice of appeal must be signed by the appealing party or a representative of that party and contain a certificate of service. The notice shall specify: a. The parties initiating the appeal; b. The proposed decision or order appealed from; c. The specific findings or conclusions to which exception is taken and any other exceptions to the decision or order; d. The relief sought; and 13 e. The grounds for relief. 4. Oral argument. All parties or their attorneys shall be allowed ten minutes to present oral argument to the Commission whenever the commission reviews a proposed decision pursuant to this rule. The Commission may, in its discretion, allow oral argument to continue longer. 5. Briefs and arguments. Unless otherwise ordered, within 20 days of the notice of appeal or order for review, each appealing party may file exceptions and briefs. Within 10 days thereafter, any party may file a responsive brief. The Commission may shorten or extend the briefing period as appropriate. X. Scope of review by.Commission. 1. Whenever the Commission reviews a proposed decision, it has all the power it would have in initially making the final decision. The Commission may adopt, modify, or reject the administrative law judge's proposed decision or it may remand the case to the administrative law judge for the taking of additional evidence and the making of any further proposed findings of fact, conclusions of law, or decision that it deems necessary. 2. Whenever the Commission reviews a proposed decision, it shall consider only those issues actually presented to the administrative law judge unless the issue was one which either: a. Was raised prior to the proposed decision by a party, but not ruled upon, or b. Was discussed in the proposed decision, but not argued on brief by the parties. Y. Intervention. 1. Motion. A motion for leave to intervene in a contested case proceeding shall state the grounds for the proposed intervention, the position and interest of the proposed intervenor, and the possible impact of intervention on the proceeding. A proposed answer or petition in intervention shall be attached to the motion. Any party may file a response within 14 days of service of the motion to intervene unless the time period is extended or shortened by the administrative law judge. 2. Grounds for intervention. The movant shall demonstrate that: (a) intervention would not unduly prolong the proceedings or otherwise prejudice the rights of existing parties; (b) the movant is likely to be aggrieved or adversely affected by a final order in the proceeding; and (c) the interests of the movant are not adequately represented by existing parties. 3. Effect of intervention. A person granted leave to intervene is a party to the precaeding. The order granting intervention may restrict the issues that may be raised by the intervenor or otherwise condition the intervenor's participation in the proceeding. Z. Awards of attorney's fees. 1. In any final decision in which it is determined that the complainant is entitled to an award of attorney's fees, but the actual amount has not yet been determined, there is, by operation of this provision, an express retention of jurisdiction of the case by the Commission in order to determine the actual amount of attorney's fees to which the party is entitled and to enter a subsequent order awarding those fees, regardless of whether or not such retention of jurisdiction is expressed in the final decision. In such case, the decision is final in all other respects except the determination of the amount of the attorney's fees. 2. If the amount of attorney's fees is not stipulated to by the parties, the administrative law judge shall schedule a hearing on the issue of the amount of the attorney's fees. The administrative law judge's decision is a proposed decision, and either party may appeal as provided in Paragraphs V-X of this chapter. AA. Waiver, modification of rules. 1. Upon notice to all parties, the administrative law judge may, with respect to matters pending, modify or waive any rule herein upon a determination that no party will be prejudiced and that the ends of justice will be served. 2. Unless otherwise precluded by law, the parties in a contested case proceeding may waive any ~rovision of this chapter. However, the administrative law judge, in the discretion 14 of the presiding officer, may refuse to give effect to such a waiver when the administrative law judge deems the waiver to be inconsistent with the public interest. BB. Application for rehearing. 1. By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order. 2. Content of application. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief sought. In addition, the application shall state whether the applicant desires reconsideration of all or part of the decision on the existing record and whether the applicant requests an opportunity to submit additional evidence. 3. Time of filing. The application shall be filed with the Commission within 20 days after the issuance of the final decision. 4. Notice to other parties. A copy of the application shall be timely mailed by the applicant to all parties of record not joining therein. 5. Disposition. Any application for a rehearing shall be deemed denied unless the commission grants the application within 20 days after its filing. The Commission shall notify the parties in writing that the application was denied. CC. Assessment of costs of hearing. 1. General rule. If the Commission prevails in the hearing, the respondent shall pay the "contested case costs" incurred by the Commission. If the respondent prevails in the hearing, the commission shall itself bear the "contested case costs" incurred by the commission. 2. Mixed results. Where the Commission is successful as to part of the remedies sought at the hearing and unsuccessful as to part of the remedies, the administrative law judge may recommend an equitable apportionment of "contested case costs" between the commission and the respondent. 3. Costs allowable. The following "contested case costs" and no others will be assessed or apportioned: a. The daily charge of the court reporter for attending and transcribing the hearing. b. All mileage charges of the court reporter for traveling to and from the hearing. c. All travel time charges of the court reporter for traveling to and from the hearing. d. The cost of the original of the transcripts of the hearing. e. Postage incurred by the administrative law judge in sending by mail (regular or certified) any papers which are made part of the record. f. Expenses and fees of the administrative law judge, including but not limited to lodging and transportation. DD. Appeals to district court. Appeals to the district courts from the decision of the Commission shall be perfected pursuant to the provisions of Iowa Code chapter 17A. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 9, entitled "Sixty Day Release from Administrative Process; Alternative Judicial Proceedings Upon Complaints," Paragraph B is hereby amended by repealing Paragraph B in its entirety and substituting in its place the following: Requirements For Issuance Of Release: Upon a request by the complainant, and after the expiration of sixty (60) days from the timely filing of a complaint with the Commission, the Human Rights Coordinator shall issue to the complainant a release stating that the complainant has a right to commence an action in the District Court. A release under this subsection shall not be issued if a finding of no probable cause has been made on the complaint, or a conciliation agreement has been executed, or the Commission has served 15 notice of hearing upon the respondent, or the complaint is closed as an administrative closure and two (2) years have elapsed since the issuance date of the closure. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 9, entitled "Sixty Day Release from Administrative Process; Alternative Judicial Proceedings Upon Complaints," Paragraph C is hereby amended by repealing Paragraph C in its entirety. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 10, entitled 'Civil Action Elected-Housing," is hereby amended by repealing Section 10 in its entirety and substituting in its place the following: A. A complainant, a respondent, or an aggrieved person on whose behalf a complaint alleging a violation of Chapter 5 of this Title was filed, may elect to have the claims asserted in that charge decided in a civil action. 1. The particular party electing to have his or her case decided in a civil rather than administrative action under subsection 2-5-4L of this Title, must do so no later than twenty (20) days after the date of receipt of the probable cause determination. In the event the Commission makes such election, it must be made not later than twenty (20) days after the date the determination was issued. 2. The person making the election shall give notice to the Human Rights Coordinator and to all other complainants and respondents to whom the election relates. 3. The election to have the charges of a complaint decided in a civil action as provided here, is available only if it is alleged there has been a violation of Section 2-5-1 or 2-5-3 of this Title. B. An aggrieved person may file a civil action in District Court not later than two (2) years after the occurrence or the termination of an alleged discriminatory housing or real estate practice, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing or real estate practice or breach of a conciliation agreement. 1. The two (2) year period does not include the time between the filing of a housing or real estate practice discrimination complaint and the disposition of that complaint by the City Attorney. 2. An aggrieved person may file an action under this Section whether or not a discriminatory housing or real estate complaint has been filed under Section 2-5-1 and/or Section 2-5-3 of this Title, and without regard to the status of any discriminatory housing or real estate complaint filed under those Sections, but: a. If the Human Rights Coordinator obtains a conciliation agreement with the consent of an aggrieved person, the aggrieved person shall not file an action under this Section with respect to the alleged discriminatory practice that forms the basis for the complaint except to enforce the terms of the agreement. b. An aggrieved person shall not file an action under this Section with respect to an alleged discriminatory housing or real estate practice that forms the basis of a probable cause determination issued by the City Attorney if the Commission has begun a hearing on the record under this Chapter with respect to the charge. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 11, entitled "Civil Proceedings-Housing," Paragraph A, Subparagraph 1 is hereby amended by repealing Paragraph A, Subparagraph 1 of in its entirety and substituting in its place the following: A. 1. If timely election is made under subsection 2-4-10A of this Chapter, the Human Rights Coordinator shall authorize, not later than thirty (30) days after the election is made, the 16 filing of a civil action on behalf of the complainant in District Coud and the City Attorney, or its designated agent, shall commence and maintain such action. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Ill. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,2003. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office 17