HomeMy WebLinkAboutA001 - proof of publication, October 24, 1979 Tuesday, October 23, 1979 Proof of Publication in The
LEGAL NOTICE LEGAL NOTICE`l AMES DAILY TRIBUNE
ORDINANCE NO. 2734
AN ORDINANCE TO AMEND THE
MUNICIPAL CODE OF THE CITY OF
AMES, IOWA BY REPEALING CHAP- STATE OF IOWA, STORY COUNTY, ss.
TER 193g (HUMAN RELATIONS)
THEREOF AND ENACTING A NEW
CHAPTER 19% (HUMAN RELATIONS)
FOR THE PURPOSE OF BECOMING I Di, Robert J.
CONSISTENT WITH THE LAWS OF
THE STATE OF IOWA; REPEALING Jacobsen, on oath depose and say that I am
ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HERE- aagicMXW&, production foreman of the AMES
WITH; AND ESTABLISHING AN DAILY TRIBUNE, a daily ,EFFECTIVE DATE y newspaper,er p p printed at
Section One. The Municipal Code of the City of Ames,Story County,Iowa;that the annexed printed
Ames, Iowa s a be and is hereby amended by repealing Ordinance No. 2734
Chapter 19;5 as said Chapter has existed heretofore, and
enacting a new Chapter 19% to read as follows:
CHAPTER 19%
HUMAN RELATIONS 1
Sec. 1911-1001. Purpose of chapter. was published in said newspaper for
The purpose of this chapter is to implement the
consecutive weeks,the first
provisions of Chapter 601A, Code of Iowa, and to
further provide for the general welfare of persons and the last of said publication was on the
in the City of Ames, Iowa, by prohibiting certain
discriminatory practices based on race, creed, 23nd October
sex, disability, age, national origin, religion, day Of
or ancestry, and to establish a commission for the
investigation of complaints of discrimination; 79
and, to undertake projects of education to prevent 19
discrimination; and, to establish procedures for
the conciliation of such complaints; and, to / /-e�
enforce the provisions hereof.
Sworn to before me an bs ibed in my presence
Sec. 19 -1002. Definitions. d"by bDftJCbCj6bODCa0wJIJ PWJdX [, Robert J.
When used in this chapter, unless the context Jacobsen.
otherwise requires:
1. "Court" means the district court in and for this 24th day of October
the judicial district of the state of Iowa in .79
which the alleged unfair or discriminatory prac- 19
tice occurred or any judge of said court if the
court is not in session at that time. '�/��j / ,� � .�.,�...J^.otary Public
2. "Person" means one or more individuals, part-
nerships, for Story associations, corporations, legal repre-
sentatives, trustees, receivers, and the state of
Iowa and all political subdivisions and agencies Fees,$ 424.22
thereof.
3. "Employment agency" means any person under-
taking to procure employees or opportunities to
work for any other person or any person holding
himself or itself to be equipped to do so. crl, tor goon cause. No person shall serve on the 6. To issue such publications and reports of
Commission for more than six (6) years. The investigations and research as in the judgment of
Commission shall elect one of their members to be the commission shall tend to promote good will
4. "Labor organization" means any organization chaff among the various racial, religious, and ethnic
which exists for the purpose in whole or in part chairperson, and develops their own rules of
of collective bargaining, of dealing with em- procedure, not inconsistent with this chapter. groups of the state and which shall tend to mini-
'concerning grievances, of condi- mize or eliminate discrimination in public accom-
tions of employment, or of other mutual aid or modations, employment, apprenticeship and on-the-
protection in connection with employment. 2• Staff Function Investi ation and job training programs, vocational schools, or
5. "Employer" means the state of Iowa or an Concr ratron 0 facers housing because of race, creed, color, sex, na-
y po- tional origin, religion, ancestry or disability.
litical subdivision, board, commission, depart- The Mayor, with the advise of the Human Relations ment, institution, or school district thereof, and 7. To prepare and transmit to the Mayor and city
y person employingemployees within the Commission and consent of the City Council, shall ever otherappoint a minimum of seven persons as Investiga-
Council from time to time, but not less often than
state. tion and Conciliation Officers, said persons to once each year, reports describing its proceed-
6. "Employee" means any person employed b an serve as unpaid staff to the Commission. Their ings, investigations, hearings conducted and the
employer. y term of office, method of appointment and method outcome thereof, decisions rendered, and the other
for filling vacancies shall be the same as pre- work performed by the commission.
7. "Unfair nator practice" or "discriminatory scribed for Commission members. -
P y practice"
means those practices specified as unfair or dis- 6. To make recommendations to the City Council
criminatiry in this chapter. 3• Hearing Officers for such further legislation concerning discri-
mination because of race, creed, color, sex,
8. "Commission" means the Ames Human Relations There shall also be appointed by the Mayor, with national origin, religion, ancestry or disability
the advice of the Ames Human Relations Commission as it may deem necessary and desirable.
Commission created by this chapter.
and consent of the Council, a group of persons
educated in the law from among whom a hearing 4--�c Aerate, within the limits of any appro-
9. "Commissioner" means a member of the commis- officer shall be drawn by lot when needed to make priations made for its operations, with other
sion. a "determination of probable cause" as required in agencies or organizations, both public and pri-
10. "Public accommodation" means each and ever this chapter, or when deemed advisable by the vats, whose purposes are consistent with those of
place, establishment, or facility of whatever Commission, to conduct a hearing as provided for
kind, this chapter, and is the planning and conducting
herein. There shall be no limit to the number of of programs designed to eliminate racial, reli-
nature or class that caters or offers
,
persons who may be added to said panel, but the gious, cultural, and intergroup tensions.
services, facilities, or goods to the general number shall not be allowed, by eclinations to
public for a fee or charge, provided that any serve or otherwise, to fall below three. No person 10. To adopt, publish amend, and rescind regula-
place, establishment, or facility that caters or shall serve on this panel for more than six conse- tions consistent with and necessary for the en-
offers services, facilities, or goods to the cutive years. forcement of this chapter.
general public gratuitously shall be deemed a
public accommodation if the accommodation receives Sec. p
any substantial governmental support or subsidy. 1004. Compensation and Expenses 11. To receive, administer, dispense and account
Public accommodation shall not mean an bona fide for any funds that may be voluntarilycontributed
Y The ers of the commission, the Investigation to the commission and any grants that may be
private club or other place, establishment, or and Conciliation Officers and the awarded the commission for furthering the purposes
hearing officer panel shall serve without sal
facility which is by its nature distinctly pri- persons a the
vate, except when such distinctly private lace, salary, of this chapter with the approval of the City
P wages or other compensation provided that they may Council.
establishment, or facility caters or offers ser- receive reimbursement for actual and necessary
vices, facilities, or goods to the general public expenses incurred as allowed by the City Council
for fee or charge or gratuitously, 12. To refer a complaint to the Iowa Civil Rights
g g y, it shall be pursuant to such procedures and policies for the Commission under commission rules.
deemed a public accommodation during such period. reimbursement of expenses as shall be established 3i
"Public accommodation" includes each state and by the City of Ames from time to time. Sec. 19',-1006. Unfair employment practices.
local government unit or tax-supported district of Sec. 19;k-1005. Powers and Duties
whatever kind, nature, or class that offers ser-
vices, facilities, benefits, grants or goods to The Commission shall have the followin owers and
the public, gratuitously or otherwise. This para- duties: 9 P
graph shall not be construed by negative implica-
tion or otherwise to restrict any part or portion 1. Prescribe the duties of the Director under
of the pre-existing definition of the term public this chapter, the director shall be a person 1. It shall be an unfair or discriminatory prac-
accommodation".
appointed by the Ames City Manager and serving as tics for any: -
11. "Disability" means the physical or mental the affirmative action officer for the City of
condition of a person which constitutes a substan- Ames. a. Person to refuse to hire, accept,
tial handicap. In reference to employment, under register, classify, or refer for employ-
this chapter, "disability
"y" also means the physical 2. To receive, investigate, and finally determine ment, to discharge any employee, or to
or mental condition of a person which constitutes the merits of complaints alleging unfair or dis- otherwise discriminate in employment
a substantial handicap, but is unrelated to such criminatiry practices. against any applicant for employment or
tion.person's ability to engage in a particular occupa- any employee because of the age, race,
3. To investigate and study the existence, cha- creed, color, sex, national origin,
racter, causes, and extent of discrimination in religion or disability of such applicant
Sec. 19;�-1003. Commission Appointed-Staff-Hearing public accommodations, employment, apprenticeship or employee, unless based upon the
ficers programs, on-the-job training programs, vocational nature of the occupation. If a disabled
schools, credit practices, and housing in this person is qualified to perform a parti-
1. Commission Appointed city and to attempt the elimination of such dis- cular occupation, by reason of training
crimination by education and conciliation. or experience, the nature of that occu-
The Ames Human Relations Commission shall consist pation shall not be the basis for excep-
of seven (7) members appointed by the Mayor with 4. To seek a temporary injunction against a re- tion to the unfair or discriminating
the advice and consent of the City Council. spondent when it appears that a complainant may practices prohibited by this subsection.
Appointments shall take into consideration the suffer irreparable injury as a result of an al- �//
various racial, religious, cultural, and social leged violation of this chapter. A temporary b. 'Labor organization or the employees,
groups and geographical areas within the City of injunction may only be issued ex parte, if the agentg'or members thereof to refuse to
Ames insofar as may be practicable. The term of complaint filed with the commission alleges dis- admit to membership any applicant, to
crimination in housing. In all other cases a expel any member, or to otherwise dis-
appointment shall be three (3) years from April 1 temporary injunction may be issued only after the criminate against any applicant for
of the year in which the appointment is made, respondent has been notified and afforded the membership or any member in the privi-
except that for the purpose of maintaining an opportunity to be heard. le rights, or benefits of such mem-
appropriate staggering of terms, the Mayor may es,
9 4
bership because of the age, race, creed,
prescirbe a shorter term for any appointment OI 5. To hold hearings upon any complaint made a- color, sex, national origin, religion or
reappointment. In the event that a vacancy occurs gainst a person, an employer, an employment agen- disability of such applicant or member.
in the membership of the Commission by death, cy, or a labor organization, or the employees or
resignation or otherwise prior to the normal members thereof, to subpoena witnesses and compel C. Employer, employment agency, labor
expiration of the appointee's term, the Mayor, their attendance at such hearings, to administer organization, or the employees, agents,
with the approval of the City Council, shall oaths and take the testimonyof an
appoint a person to serve out the remainder of the oath, and to compel such Y Person under or members thereof to directly or in-
unexpired term. Any member or all members of the P person, employer, employ- directly advertise or in any other ivi-
ment agency, or labor organization, or employees ner indicate or publicize that indivi-
Commission may be removed from office at any time or members thereof to produce for examination any duals of any particular age, race,
by the Mayor with the approval of the City Coun- books and papers relating to any matter involved creed, color sex, national origin, re-
in such complaint. The Commission shall issue ligion or disability are unwelcome,
subpoenas for witnesses in the same manner and for objectionable, not acceptable, or n t the same purposes on behalf of the respondent. upon solicited for employment his re p yment or members
quest. Such hearings may be held by the unless based on the nature of the occu-,
commission, by any commissioner, or by any hearing *' person is quali
examiner appointed by the commission. If a wit- �fied t- If a disabled
ness either fails or refuses to obeya subpoena fled to perform a particular occupation
P by reason of training or experience, the
issued by the commission, the commission may nature of that occupation shall not be
Petition the district court having jurisdiction the basis for exception to the unfair or
for issuance Of a subpoena and the court shall in discriminating practices prohibited by
a proper case issue the subpoena. Refusal to obey this subsection.
such subpoena shall be subject to punishment for
contempt.
An employer, employment agency, or their
employees, servants or agents may offer
arable
employment or advertise for. employment o On the basis in intt=amu al d and alint inte of rscholastic
to only the disabled, when othe: a�pli- opportunity
cants have available to them, other em- athletic programs; ?-�"7SfLer the .filing of a verified complaint, a
ployment compatible with their ability sex true copy shall be served within twenty days by
which would not be available to the dis- 3ersos in employmentfand thescond condition, certifiedcertified mail on the person against whom the com-
abled because of their handicap. Any P plaint is filed. An authorized member of the
such employment or offer of employment the application of any commission staff shall make a prompt investigation
shall not discriminate among the
lor, 4.ruleOcon erningn the lthefactual or potential Pa or tthe and shall issue a recommendation to a hearing
abled on the basis of race, family or marital status of a person, officer under the jurisdiction of the commission,
creed, sex or national origin. exclusion of any person from any program or acti- who shall then issue a determination of probable
vita or employment because of pregnancy or related cause or not probable cause.
2. This section shall not prohibit discrimination conditions dependent upon the physician's diag-
on the basis of age if the person subject to the nosis and certification. b. If the hearing officer concurs with the inves-
discrimination is under the age of eighteen years, tigating official that probable cause exists re-
unless that person is considered by law to be an For the purpose of this section "educational garding the allegations of the complaint, the
y public preschool, or staff of the commission shall promptly endeavor to
adult. institution" includes an
elementary, secondary, or merged area school or eliminate the discriminatory or unfair practice by
3. Notwithstanding the provisions of this sec- area education agency and their governing boards. conference, conciliation and persuasion. If the
tion, a city, state or federal program designed to hearing officer finds that no probable cause
benefit a specific age classification which serves Nothing in this section shall be construed to exists, the hearing officer shall issue a final
prohibit any educational institution from main-
a bona fide public purpose shall be permissible. order dismissing the complaint and shall promptly
taining separate toilet facilities, locker rooms
1 age discri- or living facilities for the different sexes so mail a copy to the complainant and to the respon-
4. This section shall not apply to aemployment dent by certified mail. A finding of probable
mination in bona fide apprenticeship long as comparable facilities are provided. cause shall not be introduced into evidence in an
programs if the employee is over fortyfive years lg';y-1010. Unfair-credit-practices. action brought under Sec. 19;�-1016.
of age.
It shall be an unfair or discriminatory practice C. The commission staff must endeavor to elimins-
5. This section shall not apply to: for any: nate the discriminatory or unfair practice by
employs 1, Creditor to refuse to enter into a consumer conference, conciliation and persuasion for a
•a. Any employer who regularly period of thirty (30) days following the initial
less than four individuals. For pur- credit transaction or impose finance charges se
poses of this subsection, individuals other terms or conditions more onerous than those conciliation meeting between the respondent and
i that creditor to consumers the commission staff after a finding of probable
who are members of the employer's family regularly extended by ca:kse. After the expiration of thirty days, the
shall not be counted as employees. of similar economic backgrounds b race, gion,
creed, national origin, director may order the conciliation conference and
color, sex, or physical disability. persuasion procedure provided in this section to
b. The employment of individuals for marital status, be bypassed when the director determines the pro-
work within the home of the employer if cedure is unworkable by reason of past patterns
the employer or members of his family 2, person authorized or licensed to do business
and practices of the respondent, or a statement by
reside therein during such employment. in this state pursuant to chapter 524,
536, or 536A to refuse to loan or extend credit or the respondent that the respondent is unwilling to
C. The employment of individuals to to impose terms or conditions more onerous than continue with the conciliation. The director must
render personal service to the person of those regularly extended have the approval of a commissioner before ba-
the employer or members of his family. passing the conciliation, conference and per-
to persons of similar economic backgrounds beracee
of age, color, creed, national origin, suasion procedure. Upon the bypassing of con-
religion, marital status, sex or physical dis- ciliation, the director shall state in writing the
d. Any bona fide religious institution reasons for bypassing.
or its educational facility, associa- ability.
tion, corporation or society with re- 4. The members of the commission and its staff
spect to any qualifications for em- 3• Creditor to refuse to offer credit life or
ployment based on religion when such health and accident insurance because of color, shall not disclose the filing of a complaint, the
creed, national origin, race, religion, marital information gathered during investigation, or the
qualifications are related to a bona disability or sex. Refusal endeavors to eliminate such discriminatory or
fide religious purpose. A religious status, age, physical unfair practice by conference, conciliation, and
qualification for instructional per- by a creditor to offer credit life or health
sonnel or an administrative officer, accident insurance based upon the age or n u persuasion, unless such disclosure is made in
ca acit of a of the consumer shall not be an unfair connection with the conduct of such investigation.
serving in a supervisory P Y disability ractice if such denial is based
bona fide religious educationa acl sty or discriminatory p considerations 5. When the director is satisfied that further
or religious institution, shall al solely upon bona fide underwriting
not prohibited by title XX, Federal Act. endeavor to settle a complaint by conference,
presumed to be a bona fide occupational conciliation, and persuasion is unworkable and
qualification. should be bypassed, and the thirty day period
Sec. 19Iy-1007. Unfair practiceseaccommo- The struedoby provisions
himplicationsor. otherwise oto provided for in subsection 3 has expired without
datsons or services other provisions of this agreement, the director with the approval of a
narrow or restrict any
commissioner, shall issue and cause to be served a
1. It shall be an unfair or discriminatory prac- chapter. written notice specifying the charges in the
tice for any owner, lessee, sublesseueb,lPc°accommo Sec. 19'-1011. Aiding or abetting complaint as they may have been amended and the
manager, or superintendent of any p practice reasons for bypassing conciliation, if the con-
dation or any agent or employee thereof:
It shall be an unfair or discriminatory P ciliation is bypassed, and requiring the respon-
for: dent to answer the charges of the complaint at a
a. To refuse or deny to any person abet, compel, hearing before the commission, a commissioner, or
sex, 1. Any person e intentionally aid, a person designated by the Commission to conduct
because of race, creed, color, - the hearing, hereafter referred a as the specheraified
ng
national origin, religion or disability or coerce another person to engage in any of the officer, and at a time and place to be specified
the accommodations, advantages, facili- practices declared unfair or discriminatory by
ties services, or privileges thereof, or this chapter. in the notice.
otherwise to discriminate against any 2 Any person to discriminate against another
person because of race, creed, color, protected against 6. The case in support g such complaint shall be
religion or dis- person in any of the rights p e race, creed, presented at the hearing by one of the commis-
sex, national origin, , of such accom-
ability in the furnishing discrimination on the basis of ag
color, sex, national origin, religion or dis- sion's attorneys. The investigating official
modations, advantages, facilities, sea- ability by this chapter because such person has shall not participate in the hearing except as a
vices, or privileges. practice forbidden under this witness nor shall he participate in the delibera
lawfully opposed any p tions of the commission in such case.
b. To directly or indirectly advertise chapter, obeys the proviiestified ions of thor assisted in
or in any other manner indicate or has filed a complaint, 7. The hearing shall be conducted in accordance
any proceeding under this chapter. An employer,
publicize that the patronage of persons ent agency, or their employees servants or with the provisions of ch burden of apter 17A, Code of Iowa
of any particular race, creed, color, employm offer employment or advertise for for
hearing contesshall be ted son the ommission,proof in such
sex, national origin, religion or dis- agents maY the disabled, when other appli-
ability is unwelcome, objectionable, not employment to only
acceptable, or not solicited. B. If upon taking into consideration all of the
evidence at a hearing, the commission determines
2. This section shall not apply to: that the respondent has engaged in a discrimina-
tory or unfair practice, the commission shall
a. Any bona fide religious institution state its findings of fact and conclusions of law
with respect to any qualifications the cants have avarlable to them other employment and shall issue an order requiring the respondent
institution may impose based on religion compatible with their ability which would not be to cease and desist from the discriminatory or
when such qualifications are related to available to the disabled because of their hand- unfair practice and to take the necessary remedial
purpose. icap. Any such employment or offer of employment action as in the judgment of the commission will
a bona fide religious pure the disabled on the carry out the purposes of this chapter. A copy of
shall not discriminate among sex or national
to transient color, creed, the order shall be delivered to the respondent,
b. The rental or leasing basis of race,
the complainant, and to any other public officers
individuals of less than six rooms origin.
within a single housing accommodation by and persons as the commission deems proper.
the occupant or owner of such housing Sec. 19'5-1012. Exceptions.
accommodation if the occupant or owner a. For the purposes of this subsection
or members of his family reside therein. and pursuant to the provisions of this
The provisions of section 19 -1008 shall not apply ith chapter "remedial action" includes but
to: is not limited to the following:
1• Any bona fide religious imay impose based
respect to any qualifications it may imp
on religion, when such qualifications are related (1) Hiring, reinstatement or
to a bona fide religious purpose. upgrading of employees with or
without pay. Interim earned
2, The rental or leasing of a housing accommo- income and unemployment coi-
Sec 19S-1008. Unfair-or-discriminatory-practices dation in a building which contains housing accom- pensation shall operate to
ousinq. than reduce the pay otherwise
modations for no each other,twoff then owner living
allowable.
It shall be an unfair or discrimirat practice independently
members of his family reside in one of such hous- (2) Admission or restoration
for any owner, or person acting for an owner, of ing accommodations.
rights to housing or real property, with or with- of less than six rooms of individuals to a labor
out compensation, including but not limited to 3. The rental or leasing accommodation by the organization, admission to or
persons licensed as real estate brokers or sales- within a single housing participation in a guidance
men, attorneys, auctioneers, agents or representa- reside therein. program, apprenticeship train-
men, attorneys,by power of attorney or appointment, or any occupant or owner of such housing accommodation, ing program on-the-job train-
person acting under court order, deed of trust, or
if h or members of his family ing program or other occupa-
will: 4. Res ictions based on sex on the Ran nonprofit tional training or retraining
lea in of housing accommodations by p program, with the utikization
1. To refuse to sell, rent, lease, assign or sub- co o ions. of objective criteria in the
lease any real property or housing accommodation accommoda- admission of individuals to
or part, portion or race, color, creed, sex, reli-interest therein, to any per- 5, The rental or leasing of aen housing such programs.
son because of the tions within which residts of both sexes must
gion, national origin or disability of such per- share a common bathroom facility on the same floor (3) Admission of individuals
son. share
the building to a public accommodation or
an educational institution.
visions 2. To discriminate against any person because of Sec. 19�-1013_ aexlocable to°retirements ans. lease,
his race, color, creed, sex, religion, national (4) Sale, exchange,
origin or disability, in the terms, conditions or to dis- rental, assignment or sublease
privileges of the sale, rental, lease assignment The provisions of this chapter relay g of real property to an indivi-
or sublease of any real property or housing crimination because of sex or age shall not be dual.
accommodation or any part, portion or interest construed to apply to any retirement plan or
therein. employer unless such plan or (5) Extension to all indivi-
benefit system of any duals of the full and equal
3. To directly or indirectly advertise, or in any system is a mere subterfuge adopted for the pur. enjoyment of the advantages,
other manner indicate or publicize that the pur-
pose of evading the provisions of•this chapter. facilities, privileges, and
chase, rental, lease, assignment, or sublease of Promotion or transfer. services of the respondent
any real property or housing accommodation or any Sec. 19S-1014. n denied to the complainant
part, portion or interest therein, by persons of the because of the discriminatory
any particular race, color, creed, sex, religion, After a handicapped individual is employed, or unfair practice.
national origin or disability is unwelcome, objec- employer shall not be required under thandihis
persontto
tionable, not acceptable or not solicited. to promote or transfer such unless prio P to such (6) Reporting as to the
another job or occupation, person by training or manner of compliance.
4. To discriminate against the lessee or pur- transfer, such handicapped p
experience is qualified for such job or occupa- (7) posting notices in con-
chaser of any real property or housing accommo- agreement between
dation or part, portion or interest of the real tion. Any collective bargaining spicuous places in the re-
property or housing accommodation, or against any an employer and labor organization shall contain
prospective lessee or purchaser of the property or this section as part of such agreement.
accommodation, because of the race, color, creed, Complaint--hearing.
religion, sex, disability, age or national origin Sec. 19 -1015.
of persons who may from time to time be present in person claiming to be aggrieved by a
or on the lessee's or owner's premises for lawful 1. Any discriminatory or unfair practice may, by himself
purposes at the invitation of the lessee or owner
as friends, guests, visitors, relatives or in any or his attorney, make, sign, and file with t e.
similar capacity. commission a verified, written complaint in triof
-
plicate which shall state he "e and
address
19s-1009. Unfair or discriminatory-practices the person, employer, employment
labor
education. organization alleged to have committed the discri-
minatory or unfair practice of which articulars thereof, and shall
It shall be an unfair or discriminatory practice shall set forth the p be required
for any educational institution to discriminate on
contain such other information as may commissioner
the basis of sex in any program or activity. by the commission. The commission, er ma e, ss gn
discriminatory practices shall include but not be or the City Attorney may in like rratiPs--'�
limited to the following practices: and file such complaint.
2. Any place of public accommodation, employer,
labor organization, or other person who has any
1. On the basis t sex, exclusion en a person he employees or members who refuse or threaten to
persons from participation in, denial of the with the provisions of this
benefits of, or subjection to discrimination in refuse to comply
any academic, extracurricular, research, occupa- chapter may file with the commission a verified
tional training, or other program or activity
written complaint in triplicate asking the commis-
except athletic programs; sion for assistance to obtain their compliance by
conciliation or other remedial action.
sponaent's place of business
in form prescribed by the
commission and inclusion of .
notices in advertising ma- a. The complainant has timely filed the decision of the terial. complaint with the commission as pro- occurs commission under° this chapter
vided in Sec. 19�-1015. on the. date notice of the decision is
(8) Payment to the complai- mailed by certified mail, to the parties.
nant of damages for an injury b-
The complaint has been on file with 2. The commission may obtain an order of court
caused by the discriminatory the commission for at least one hundred for the enforcement of commission orders is a
or unfair practice which twenty days and the commission has
damages shall include but are issued a release to the complainant. Proceeding as provided in this section. Such an
not limited to actual damages, enforcement proceeding shall be brought in the
court .costs and reasonable 2• Upon a request by the complainant, and after district court of the district in the county in
attorney fees. the expiration of one hundred twenty days from the which the alleged discriminatory or unfair prac-
tice which is the subject of the commission's
timely filing of a complaint with the commission, order was committed, or in which any respondent
b. In addition to the remedies provided the commission shall issue to the complainant a re
in the preceding provisions of this release stating that the complainant has a right discrimanatoror in the ounfair o cease or desist from a
subsection, the commission may issue an to commence an action in the district court. A y Practice or to take other
order requiring the respondent to cease release under this subsection shall not be issued affirmative action, resides, or transacts busi-
and desist from the discriminator or if a finding of no �nesunfair Y probable cause has been made on /Jpractice and to take such affir- the complaint by the hearing officer charged with ,/ Such an enforcement proceeding shall be ini-
mative action as-in the judgment of the that duty, or a conciliationagreement has been M ted b the filing of a
commission will carry out the purposes executed under Sec. 19'�-1015, or the commission Y g petition in such court
of this chapter as follows: and the service of a copy thereof upon the respon-
has served notice of hearing upon the respondent. dent. Thereupon the commission shall file with
(1) In' the case of a re- 3• An action authorized under this section is ing before e court a it. The trans of cript
shall record
the hear-
spondent operating by virtue barred unless commenced within ninety days after grant such temporary relief or restraining order
of a license issued by the issuance by the commission of a release under this power to
state or a political subdivi- section or within one g up it deems just and proper, and to make and enter
sion or agency, if the commis- Year after the filing of the upon the pleadings, testimony, and proceedings set
complaint, whichever occurs first. If a complai- forth in such transcript an order enforcing,
sion, upon notice to the Want obtains a release from the commission under modifying and enforcing as so modified, or setting
respondent with an opportunity this section, the commission shall be barred from aside the order of the commission, in whole or in
to be heard, determines that further action on that complaint.
the respondent has engaged in part.
discriminatory or unfair 4. Venue for an action under this section shall 4' ction that has not been urged before
practice and that the practice be in the county in which the respondent resides the commission shall not be considered by the
was authorized, requested, or has its court in an enforcement proceeding unless the
commanded, performed or know- principal place of business, or in the failure or neglect to urge such objection shall be
comma or recklessly tolerated county in which the alleged unfair or discrimina-
y practice occurred. excused because of extrgordinary circumstances.
ingly the board of directors tolerated
the respondent or by an offi- 5. The district court may S. Any party to the enforcement proceeding may
cer or executive agent acting action under this section which any
an move the court to remit the case to the commission
within the scope of his or her Sec. 19'5-1015 to be issued by the commission. The by
in the interests of justice for the purpose of
employment, the commission district court may also award the respondent adducing additional specified and material evi-
shall so certify to the li- reasonable attorney's fees and court costs when dence and seeking findings thereof, providing such
censing agency. Unless'�Fie the court finds that the complainant's action was Party shall show reasonable grounds for the
commission finding of a dis- frivilous. failure to adduce such evidence before the commis-
criminatory or unfair practice sion.
is reversed in the course of 6. It is the legislative intent of this chapter 6. In the enforcement
judicial review, the finding that every complaint be at least preliminarilyproceeding the court shall
of discrimination is binding screened during the first one hundred twenty days determine its order on the same basis as it would
on the licensing agency. If a proceeding reviewing commission action under
certification is made pursuant Sec. 19',5-1017. Judicial Review--enforcement. section 17A.19, subsection 8 of the Code of Iowa.
to this subsection, the li-
censing agency may initiate 1. Judicial review of the actions of the commis- 7. The commission's copy of the testimony shall
licensee disciplinary proce- sion may be sought in accordance with the terms of re available to all parties for examination at all
dures, the Iowa administrative reasonable times, without coat, and for the pur-
procedure Act. Lion for pse of judicial review of the commission's or-
(2) In the case of a respon- standing the terms of said Act, the petition for doers.
dent who is found by the judicial review may be filed in the district court
commission to have engaged in in which an enforcement proceeding under sub- 8. The commission ma a e discriminatory or unfair section 2 may be brought. attorney. Y PPear in court by its own
practice in the course of
performing under a contract or For Purposes of the time limit for filing a peti- 9. Petitions filed under this section shall be
subcontract with the state or tion for judicial review under the Iowa admini- heard ex editiously and determined upon the trabe
Political subdivision or strative procedure Act, specified by Section script filed without requirement for
agency, if the practice was 17A.19, Code of Iowa, the issuance of a final printing.
authorized, requested, com-
manded, performed, or, know- 10. If no proceeding to obtain judicial review is
instituted within thirty days from the service of
ingly or recklessly tolerated an order of the commission under section 1915-1015,
by the board of directors of the commission may obtain an order
the respondent an offi- of the court
cer or executivea agent acting for the enforcement of such order upon showing
that respondent is subject to the jurisdiction of .�
within the scope of his or her employment the the commission and resides or transacts business
commission within the county in which the petition for en-
shall so certify to the con- forcement is brought. 111 tracting agency. Unless the
commission's finding of a Sec. 194,-1018. Rule of construction.
discriminatory or unfair m
practice is reversed in the This chapter shall be construed broadly to effec- U
course of judicial review, the tuate its purposes.
finding of discrimination is
binding on the contracting agency. Section Two. All ordinances or parts of or-
dinances In con lict herewith are hereby repealed to the
(3) Upon receiving a certi-
>xtent of such conflict if any.
fication made under this Section three.` This ordinance shall be full force
subsection, a contracting and effect rom an after its passage and publication as
agency may take appropriate action to terminate a contract required by law.
or portion thereof previously Passed this 16th day of entered into with the respon-
October 1979.
dent, either absolutely or on
condition that the respondent
carry out a program of com-
pliance with the provisions of Gina Bicknese, City Clerk Lee ellin/ger, Ma or
this chapter, and assist the
state. and all political sub- Published in The Ames Daily
divisiona and agencies thereof
to refrain from entering into Tribune, October 23, 1979.
further contracts.
c. The election of an affirmative order
under paragraph "b" of this subsection
shall not bar the election of affir-
mative remedies provided in paragraph
"a" of this subsection.
9. The terms of a conciliation agreement reached
with the respondent may require him or her to
refrain in the future from committing discrimina-
tory or unfair practices of the type stated in the
agreement, to take remedial action as in the
judgment of the commission will carry out the pur-
poses of this chapter, 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 commission of the
violation at any time within six months of its
occurrence. In all cases where a conciliation
agreement is entered into, the commission shall
issue an order stating its terms and furnish a
copy of the order to the complainant, the respon-
dent, and such other persons as the commission
deems proper. At any time in its discretion, the
commission 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 commission shall take appropriate
action to assure compliance.
10. If, upon taking into consideration all of the
evidence at a hearing, the commission finds that a
respondent has not engaged in any such discrimina-
tory or unfair practice, the commission shall
issue an order denying relief and stating the
findings of fact and conclusions of the commis-
sion, and shall cause a copy of the order dismis-
sing the complaint to be served by certified mail
on the complainant and the respondent.
11. The commission shall establish rules to
govern, expedite and effectuate the 'procedures
established by this chapter and its own actions
thereunder.
12. A claim under this chapter shall not be
maintained unless a complaint is filed with the
commission within one hundred eighty days after
the alleged discriminatory or unfair practice
occurred.
Sec. 1914-1016. One hundred twenty-day
as inim�'straLive r�ease
I. A person claiming to b aggrieved by an unfair
or discriminatory practice must initially seek an
administrative relief by filing a complaint with
the commission in accordance with Sec. 191y-1015.
A complainant after the proper filing of a com-
plaint with the commission, may subsequently
commence action for relief in the district court
if all of the following conditions have been
satisfied: