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HomeMy WebLinkAbout~Master - Relating to Human Relations Commission Procedures ORDINANCE NO. 2548 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES , IOWA, BY REPEALING SECTIONS 1.9 1/2-1001, 19 1/2-1003, 19 1/2-1004 , 19 1/2-1007 , 19 1/2-1008 , 19 1/2-1009 , 19 1/2-1010, 19 1/2-1011, 19 1/2-1012, 19 1/2-1013, 19 1/2-1014 , 19 1/2-1015; ADDING NEW SECTIONS 19 1/2-1001, 19 1/2-1003, 19 1/2-1004 , 19 1/2-1007, 19 1/2-1008 , 19 1/2-1009 , 19 1/2-1010 , 19 1/2-1011, 19 1/2-1012, 19 1/2-1013 , 19 1/2-1014 , 19 1/2-1015 , 19 1/2-1017, AND 19 1/2-1018; FOR THE PURPOSE OF REVISING PROVISIONS AND PROCEDURE RELATIVE TO THE HUMAN RELATIONS COMMISSION AND PROHIBITED DISCRIMINATORY PRACTICES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT AND ESTABLISHING AN EFFECTIVEI DATE . BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF AMES, IOWA: Section 1. That the Municipal Code of the City of Ames, Iowa, be and the same is hereby amended by repealing Sections 19 1/2-1001, 19 1/2-1003, 19 1/2-1004 , 19 1/2-1007, 19 1/2-100F�, 19 1/2-1009 , 19 1/2-1010 , 19 1/2-1011, 19 1/2-1012, 19 1/2-1013, 19 1/2-1014, and 19 1/2-1015, and enacting new Sections 19 1/2-1001, 19 1/2-1003, 19 1/2-1004 , 19 1/2-1007, 19 1/2-1008, 19 1/2-1009 , 19 1/2-1010 , 19 1/2-1011, 19 1/2-1012, 19 1/2-1013, 19 1/2-1014 , and 19 1/2-1015, said new sections to read as follows: Sec. 19 1/2-1001 . Purpose of chapter. The purpose of this chapter is to imple- ment the provisions; of Chapter 601A, 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, sex, disability, age, national origin, religion, or ancestry, an to establish a commission for the investi- gation of complaints of discrimination; and, to undertake projects of education to prevent discrimination; and, to establish procedures for the conciliation of such complaints; and, to enforce the provisions hereof. Sec. 19 1/2-1003. Commission established; appointment, membership, terms . There is hereby established the Ames Human Relations Commission which shall consist of seven (7) members appointed by the mayor with the advice and consent of the city council . Appointments shall take into consideration the various racial , religious , cutural and social groups and geographical areas within the City of Ames insofar as may be practicable . Sec. 19 1/2-1004 . Designation of chairperson, officers of the commission; time, place of meetings; rules and regulations; annual report, quorum. The chairperson 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 chairperson is to be absent from the City of Ames for a week or more, the commission may designate one of its members as acting chairperson to serve during the absence of the chairperson. After the mayor and city council have so designated -2- the chairman of the commission and the length of time he shall serve as chairperson, 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 provisions 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 of the members of the commission shall constitute a quorum for the transaction of business . Sec. 19 1/2-1007 . Powers and duties of the commission. The commission shall have the following powers and duties : (a) To receive, investigate and pass upon complaints alleging discriminatory practices . (b) 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. (c) 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 . (d) 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 various 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 . (e) To prepare and transmit to the mayor and the city council from time to time, but not less than once each quarter annum, reports describing its proceedings and investigations, hearings , and the outcome thereof, decisions rendered and any other work performed by the commission. (f) 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. -3- (g) 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. (h) 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 . (i) To receive, administer, dispense and account for any funds that may be voluntarily contributed to the commis- sion and any grants that may be awarded to the commission for furtherance of the purposes of this chapter, with the approval of the city council. (j ) Undertake projects of education to prevent discrimination. Sec. 19 1/2-1008 . Complaints . (a) 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 commission or its designee, a sworn and acknowledged complaint setting forth the particulars of the alleged discrimination or discriminatory practice. Said complaint may be amended at any time. The commis- sion or its designee shall notify the complaintant and respondent by registered mail, return receipt requested, that the complaint has been filed and received. (b) The members of the commission and its staff shall not disclose the filing of a complaint, the information gathered during the investigation, or the endeavors to eliminate such discrimina- tion or unfair practices by conference, conciliation, and persuasion, unless such disclosure is made in connection with the conduct of such an investigation. (c) The commission will not consider or process any complaint filed more than 120 days after the time of occurrence of alleged discrimination or discrimina- tory practices . Sec . 19 1/2-1009 . Report of complaints to commission. The commission may designate any person to receipt for and investigate complaints . Such designee of the commission shall report to the commission each such complaint and findings and recommendations relating thereto. Sec. 19 1/2-1010 . Commission to attempt conciliation on complaints The commission sittinu in executive session shall, as soon as possible , but not less than sixty (60) days after the complaint has been -4- 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. The commission may issue subpoenas for testimony or things deemed necessary for the investigation of a complaint. Sec. 19 1/2-1011 . 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 chairperson, 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 or aided or abetted 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. Sec . 19 1/2-1012 . Discriminatory practices , public accommodations . It shall be an unlawful and prohibited discriminatory practice for any person to endeavor to or aid and abet an endeavor to refuse, withhold from, or deny to any person -5- for any reason directly or indirectly relating to the race or color of such person or such person's national origin, religion, disability, sex or ancestry, the advantages , facilities or services of any public accommodations . Sec. 19 1/2-1013. Discriminatory practices in 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 trans- ferring 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, age, 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, disability, sex, national origin, age, 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, disability, sex, national origin, religion, age or ancestry. (d) Any person to discriminate in the furnishing of any facility or services for any real property because of race, creed, color, disability, sex, national origin, religion, age 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 dis- crimination because of race, creed, color, disability, sex, national origin, age, 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, age, disability, sex, national origin, religion or ancestry. Sec. 19 1/2-1014 . Exemptions relative to 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 others, 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 accommodation 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 1/2-1015 . Discriminatory practices in 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 employer' s agents or members thereof: (a) 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, disability, sex, national origin, religion, ancestry or age . (b) To refuse to admit membership to any applicant, to expel any members or other- wise to discriminate against any appli- cant for membership or any member in the privileges, rights or benefits of such membership because of race, creed, color, disability, sex, national origin, religion, ancestry or age. -7- (c) Directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular race, creed, color, disability, sex, national origin, religion, ancestry, or age are unwelcome, objectionable, not acceptable or not solicited for employment or membership. Section 2 . That the Municipal Code of the City of Ames Iowa, be, and the same is, hereby further amended by adding thereto new Section 19 1/2-1017 and 19 1/2-1018, said new section to read as follows : Sec . 19 1/2-1017 . Designation of hearing officer. The commission may, in its discretion, designate a person to act as a hearing officer in the conduct of any required public hearing and direct that such hearing officer preside over and conduct the hearing and report a recommended findincs and order to the commission for the commission' s approval, modification, or rejection; any provision of Sec. 19 1/2-1011 to the contrary not withstanding. Sec. 19 1/2-1018 . Reprisal; aiding or abetting, prohibited. It is a prohibited and unlawful discriminatory practice for: (a) Any person to intentionally aid, abet, compel, or coerce another person to engage in arty of the practices declared prohibited and unlawful by this chapter. (b) Any person rho discriminates against another person in any of the rights protected from discrimination on the basis of age, race, creed, color, sex, national origin, religion or disability by this chapter because such person has lawfully opposed any practice forbidden under this chapter, obeys the provisions of this chapter, or has filed a complaint, testified or assisted in any proceeding under this chapter. Section 3 . All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4 . This ordinance shall be in full force and effect from and after its passage and publication as required by law. Dated this 15th —day of June 1976 . M ry E ./Paul, City Clerk Lee Fellinger, Mayor..,-" lst Reading: Maxwell-Hammer (6-0) 2nd Reading: Maxwell-Nelson (6-0) 3rd Reading: Koerber-Nelson (6-0) Signed by the Mayor this 17th day of June, 1976.