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HomeMy WebLinkAbout~Master - Establishing Human Relations Commission ORDINANCE NO. 2488 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA BY REPEALING ARTICLE II OF CHAPTER 19 , ENTITLED FAIR HOUSING, AS SUCH ARTICLE HAS HERETOFORE EXISTED; A14D ADOPTING A NEW CHAPTER TO BE NUMBERED CHAPTER 19 . 5 AND TO BE ENTITLED HUMAN RELATIONS FOR THE PURPOSE OF IMPLEMENTING THE PROVISIONS OF CHAPTER 601 A, CODE OF IOWA, 1973 , AND FOR THE FURTHER PURPOSE OF PROVIDING FOR THE GENERAL WELFARE OF THE INHABITANTS OF THE CITY OF AMES BY PROHIBITING CERTAIN DISCRIMINATORY PRACTICES BASED ON RACE, COLOR, CREED, PHYSICAL DISABILITY, AGE, RELIGION , NATIONAIJ ORIGIN, SEX, AND ANCESTRY; AND, ESTABLISHING A COMMISSION FOR TIC PURPOSE OF INVESTIGATING AND CONCILIATING COMPLAINTS OF DISCRIMINATION; AND, TO PROVIDE FOR THE ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE AND PROVIDING A PENALTY FOR VIOLATION THEREOF. IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES , I OWA: Section 1 . Article II of Chapter 19 of the Municipal Code of the City of Ames , Iowa, as heretofore existing is hereby repealed. Section 2 . A new Chapter to be designated Chapter 19 . 5 is added to the Municipal Code of tze City of Ames , Iowa, as follows : Chapter 19 . 5 . Human Relations . Sec. 19 . 5-1001 . Purpose of Chapter. The purpose of this chapter is to implement the provisions of Chapter 601 A, Code of Iowa, and to further provide for the general welfare of persons in the City of Ames , Iowa, by prohibiting certain discriminatory practices based on race, creed, color, physical disability, age , national origin, religion or ancestry , and to establish a commission for the investigation of complaints of discrimination; and, to establish procedure for the conciliation of such complaints ; and, to enforce the provisions hereof. Sec. 19 . 5-1002 . Definitions . When used in this chapter, unless the context otherwise requires : 1 . "Person" means one or more individuals , partnerships , associations , corporations , legal representatives , trustees , receivers , or other legal entities subject to the jurisdiction of the City of Ames . 2 . "Employment agency" means any person undertaking to procure employees or opportunities to work for any other person or any person holding himself or itself to be equipped to do so. 3 . "Labor organization" means any organization which exists for the purpose in whole or in part of collective bargaining or dealing with employers concerning grievances , terms , or conditions of employment or of other mutual aid or protection in connection with employment. 4. "Discriminatory practice" means those acts and practices specified and declared by provisions of this chapter to be a prohibited, unlawful discriminatory practice. 5. "Commission" means the Ames Human Relations Commission established by this chapter. 6 . "Commissioner" means a member of the aforesaid commission. 7 . ''Hotel and motel" as used in this chapter shall include every establishment offering lodging to transient guests for compensation and which is not a bona fide private club. 8 . "Restaurant" as used in this chapter shall include every cafe, cafeteria, coffee shop , sandwich shop , snack bar, supper club, soda fountain, soft drink or ice cream parlor or vending stand, luncheonette or similar establishment which offeres food for purchase and consumption on the premises and which is not a bona fide private club . 9 . "Discrimination" shall mean an invidious classification or differentiation which has no direct and rational relationship to a legitimate purpose. Sec. 19 . 5-1003. Commission Established; Appointment, Membership, Terms . There is hereby established the Ames Human Relations Commission which shall consist of five (5) members appointed by the Mayor with the advice and consent of the City Council. Appointments shall be made to provide geo- graphical area representation within the City of Ames insofar as may be practicable . The term of appointment shall be three (3) years from April 1 of the year :in which the appointment is made, except the initial appointees shall be appointed by the Mayor as follows : One of the initial appointees shall serve a term ending one (1) year from April 1 of the year in which the appointment is made. Two (2) of the initial appointees shall serve a term ending two (2) years following April 1 of the year in which the appointment is made and two (2) of the initial appointees shall serve a term ending three (3) years from the April lst of the year in which the appointment was made . In the event that a vacancy is created in the membership of the commission by death, resignation, or otherwise prior to the normal expiration of the appointee ' s term, the Mayor, with the approval of the City Council, shall appoint a new member to serve the remaining portion of the term of the member creating the vacancy . Any member, or all members of the commission may be removed from office at any time by the Mayor with the approval of the City Council. No person shall serve on the commission for more than six (6) years . -2- Sec. 19 . 5-1004 . Designation of Chairman, Officers of the Commission, Time, Place of Meeting, Rules and Regulations , Annual Report, Quorum. The chairman of the commission shall be designated by the Mayor with the approval of the City Council for a definite period, not to exceed three (3) years. If the chairman is to be absent from the City of Ames for a week or more, the commission may designate one of its members as acting chairman to serve during the absence of the chairman. After the Mayor and City Council have so designated the chairman of the commission and the length of time he shall serve as chairman, the commission shall elect its other officers , determine its time and place of meetings and may, except as herein provided, adopt such regulations not in conflict with law, or the ordinances of the City as in its own judgment are necessary for the successful administration of the pro- visions of this chapter and shall on or before December 31 of each year furnish an annual report to the City Council; A majority of the members of the commission shall constitute a quorum for the transaction of business . Sec. 19 . 5-1005 . Secretary of Commission--Duties . The secretary of the commission shall be a member thereof, appointed and elected as herein- before provided, and shall perform the following duties; (a) Keep all official records of the commission. (b) Record the minutes of each meeting of the commission. (c) Record all complaints addressed to the commission. (d) Make preliminary investigations into all such complaints . (e) Report all complaints, findings and recommendations to the whole commission for further action. Sec. 19 . 5-1006 . Assistant Secretary--Duties. If the commission so determines , it may designate from its membership an assistant secretary to hold such office no longer than his term as a member of the commission. The duties of the assistant secretary may include those of the secretary and those assigned by duly adopted rules of the commission. The assistant secretary shall perform his duties kinder the supervision and direction of the secretary and shall perform the duties of :the secretary when the secretary is absent or when so directed by the commission. Sec. 19 . 5-1007 . Powers and Duties of the Commission. The commission shall have the following powers and duties : 1 . To receive, investigate and pass upon complaints alleging discriminatory practices. -3- 2 . To investigate and study the existence, character-, causes , and extent of discrimination in public accommodations , employment, housing and education in this city, and to attempt the elimination of such discrimination by means of education and conciliation . 3 . To hold hearings upon a complaint of a discriminatory practice . Such hearing shall be held in accordance with such rules and regulations, not inconsistent with this chapter, as the commission may establish and promulgate in writing and be approved by the City Council. 4. To issue such publications and reports of investigations and research as in the judgment of the commission shall tend to promote good will among the �-arious racial, religious and ethnic groups of the city and which shall tend to minimize or eliminate discrimination in public accommodations , employment, housing and education because of race, creed, color, age, sex , national origin, religion or ancestry. 5 . To prepare and transmit to the Mayor and the City Council from time to time, but not less often than once each quarter annum, reports describing its proceedings and investi- gations , hearings , and the outcome thereof, decisions rendered and any other work performed by the commission. 6 . To make recommendations to the City Council for such further legislation concerning discrimination because of race, creed, color, physical disability, age, sex, national origin, religion or ancestry as it may deem necessary and desirable. 7. To cooperate with other agencies or organizations , both public and private in the planning and conduct of programs designed to eliminate racial , religious , cultural, and intergroup tensions. 8 . To adopt, publish, amend, and rescind regulations consistent with and necessary for the implementation of this chapter, subject to the approval of the City Council. 9 . To receive, ad;^inister, dispense, and account for any funds that may be voluntarily contributed to the commission and any grants that may be awarded the commission for further- ance of the purposes of this chapter, with the approval of the City Council . Sec. 19 . 5-1008. Complaints . Any person aggrieved by discrimination as defined by this chapter, or by one or more of the discriminatory practices defined and prohibited by this chapter. , may file with the secretary of the comrlission or in the secretary ' s absence , with the assistant secretary, a sworn and acknowledged complaint setting forth the particulars of the alleged discrimination or discriminatory practices. The commission will not consider or process any such complaint filed later than sixty (60) days from the date of occurrence of such alleged discrimination or discriminatory practice. -4- Sec. 19 . 5-1009 . Report of Complaints to Commission. After duly filing a complaint with the secretary or assistant secretary and as soon as possible but not later than thirty (30) days thereafter, the secretary or assistant secretary shall report to the commission each such complaint and findings and recommendations relating thereto. Sec. 19 . 5-1010 . Commission to Attempt Conciliation on Complaints. The commission sitting in executive session shall, as soon as possible, but not less than sixty (60) days after the complaint has been filed, consider each such complaint, and in each instance where the majority of the members are of the opinion that a probable showing of discrimination has been made or of the existence of a discriminatory practice, it shall direct a committee comprised of one or more members of the commission to call upon the person alleged to have committed an act of discrimination or to have engaged in a prohibited discriminatory practice for the purpose of attempting to effect a conciliation between the parties and to obtain commitments designed to prevent recurrence of the matters complained of. Sec. 19 . 5-1011 . Procedure When Conciliation Unsuccessful--Complaint Hearings . If the person complained of refuses to meet with the committee; or, conciliation and the obtaining of commitments against recurrence fails , the committee shall report the matter to the commission, which shall pick the time and place for a public hearing on the complaint and provide for at least ten (10) days ' notice thereof to be given by the committee to the complainant, the party complained of , and other persons having knowledge of or direct interest in the matters complained of. At such hearing, testimony may be presented by either party and by persons having knowledge of or a direct interest in the matter complained of. The commission, presided over by its chairman, shall constitute the hearing board and either party may appear on its own behalf or by counsel , present testimony and cross-examine witnesses . It shall be the duty of the commission to maintain order and maintain proper decorum throughout the hearing. Upon the completion of the hearing, the commission shall forthwith poll its membership and announce its findings as to whether in fact discrimination exists or discriminatory acts or practices have been committed. If a majority of the members of the commission are of the opinion that the person complained of has engaged in a discriminatory practice prohibited by this chapter, the matter shall be referred to the City Attorney for the purpose of filing an information with the District Court charging such violation of this chapter as shall be indicated by the evidence presented to or obtained by the commission or such other action as the City Attorney shall determine to be warranted by the circumstances and facts of the case . -5- J Sec. 19 . 5-1012 . Discriminatory Practices— • Hotels , Motels, Restaurants . It shall be an unlawful and prohibited discriminatory practice for any owner, operator, manager, employee, or agent of any hotel , motel or restaurant within the City of Ames which offers lodging or food to the public to refuse, withhold from, or deny to any person for any reason, directly or indirectly relating to the race, or color of such person, or such person ' s national origin, religion, physical disability, sex or ancestry, any of the accom- modations , advantages , facilities , or services of such hotel, motel, or restaurant. Sec. 19 . 5-1013 . Discriminatory Practices-- Housing. It is a prohibited and unlawful discriminatory practice for: a. Any person to discriminate in the showing, selling, leasing, subleasing, renting, assigning, or otherwise transferring or to discriminate in negotiations for the sale, lease, sublease, rental , assignment, or other transfer of the title, leasehold, or other interest in any housing unit against any person; or to represent that real property is not available for inspection, sale , lease, sublease, rental, assignment or other transfer, when in fact it is so available; or to otherwise deny or withhold any real property from any person because of race, creed, color, physical disability, sex , national origin, religion , or ancestry. b. Any person to include in the terms, conditions , or privileges of any sale, lease, sublease, rental assignment or any other transfer of real property, any clause, condition, or restriction discriminating against any person in the use or occupancy of such real property because of race, creed, color, physical disability, sex, national origin, religion, or ancestry. C. Any person engaged in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds to finance the purchase, acquisition, construction, rehabilitation, repair or maintenance of any real property, to discriminate therein because of race, creed color, physical disability, sex, national origin, religion or ancestry. d. Any person to discriminate in the furnishing of any facilities or services for any real property because of race, creed, color, physical disability , sex, national origin, religion or ancestry. e. Any person to publish or circulate or to cause to be published or circulated any notice, statement or advertisement or to announce a policy or to use any form of application for the purchase, lease, rental, or financing of housing; or to make any record or inquiry in connection with the prospective purchase, rental, lease, of real property which expresses directly or indirectly discrimination because of race, creed, color, physical disability, sex, national origin, religion or ancestry. -6- f. Any person to aid, incite, compel, coerce, or participate- in the doing of any act declared to be a discriminatory practice under this chapter or to obstruct or prevent compliance with the provisions of this chapter or any proceedings of the commission or to attempt directly or indirectly either alone or in concert and cooperation with others to commit any act declared by this chapter to be a discriminatory practice . g. Any person to compel, or coerce, attempt to so compel , or coerce, whether acting alone or in concert and cooperation with others , any person from purchasing or leasing any real property because of such person' s race, creed, color, physical disability, sex, national origin, religion, or ancestry. Sec. 19 . 5-1014 . Exemptions--Housing. Nothing in this chapter shall apply to : a. The rental or leasing of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the owner resides in one of such housing units . b. The rental or leasing to fewer than seven (7) persons within a single housing accommodation by the occupant or owner of such housing accom- modation if the owner resides therein. C. Any bona fide religious institution or organization with respect to any qualifications it may impose based upon religion when such qualifications are related to a bona fide religious purpose. Sec. 19 . 5-1015 . Discriminatory Practices-- Employment. It shall be a prohibited and unlawful discriminatory practice for any person, labor organization, or the employee 's agents or members thereof, an employer, employment agency, or the employee ' s agents or members thereof : 1. To refuse to hire , accept, register, classify , or refer to employment , to discharge an employee, or to otherwise discriminate in employment against any applicant for employment or any employee because of race , creed, color , physical disability, sex, national origin, religion or ancestry of such applicant or employee, or because such applicant or employee is between the ages of 40 and 65 years . 2. To refuse to admit membership to any applicant, to expel any members or otherwise to discriminate against any applicant for membership or any member .in the privileges, rights , or benefits of such membership because of race, creed, color, physical disability, sex, national origin, religion or ancestry of such member, or because such applicant or member is between the ages of 40 and 65 years . -7- 3. Directly or indirectly advertise or in any other• mann-er indicate or publicize that individuals of any particular race, creed, color, physical disability, sex, national origin, religion or ancestry are unwelcome, -Qbjectignable, not acceptable , or not solicited for employment or membership, or to so discriminate against persons between the ages of 40 and 65 years . Sec. 19 .5-1016 . Exemptions--Employment.. The provisions of this chapter shall not apply to: 1. Any employer who regularly employes less than four (4) individuals for the purpose of this chapter, individuals who are members of the employer' s family shall not be considered employees, 2. The employment of any individuals for work within the home of the employer if the employer or members of his family reside therein during such employment. 3 . The employment of individuals to render personal service to the person of the employer or members of his family. 4 . Any bona fide religious institution with respect to any qualifications for employment based upon religion when such qualifications are related to a bona fide religious purpose . Section 3 . A violation of any provision of this ordinance shall constitute a misdemeanor. Section 4 . All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 5. Severability. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitut- ional, 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 6 . This ordinance is in full force and effect from and after its passage and publication as provided by law. Passed this 1 day of October 1974. Mary E./Paul , City Clerk William F. Pelz, Mc-(Pr lst Reading - 9/3/74 Pounds-Koerber Ayes : Calhoun, Koerber, Huston, Pounds. Nays : Nelson. Maxwell passing. 2nd Reading - 9/17/74 Koerber-Pounds Ayes : Calhoun, Huston, Koerber, Maxwell, Pounds, Nays : Nelson. 3rd Reading - 10/1/74 Koerber-Pounds Ayes : Calhoun, Huston, Koerber, Maxwell, Pounds. Nays : Nelson. -8-