HomeMy WebLinkAbout~Master - Amending Time Limitations for Human Rights Actions, Human Relations ORDINANCE NO. 3092
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING SECTION 14.16 AS IT
NOW EXISTS AND ENACTING A NEW SECTION 14.16 FOR
THE PURPOSE OF AMENDING THE TIME LIMITATIONS FOR
COMMENCEMENT IN DISTRICT COURT OF CERTAIN CIVIL
RIGHTS ACTIONS INVOLVING ADMINISTRATIVE CLOSURES;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
ESTABLISHING A PENALTY AND SETTING AN EFFECTIVE
DATE.
BE IT ORDAINED, by the City Council for the City of Ames, Iowa:
Section One. The Municipal Code of the City of Ames, Iowa is
hereby amended by repealing Section 14.16 as it now exists and enact-
ing a new Section 14.16 as follows:
"Sec. 14.16. SIXTY-DAY ADMINISTRATIVE RELEASE.
(1) A person claiming to be aggrieved by an unfair or dis-
criminatory practice must initially seek an administra-
tive relief by filing a complaint with the commission in
accordance with Sec. 14.15. A complainant after the
proper filing of a complaint with the commission, may
subsequently commence action for relief in the district
court if all of the following condi-
tions have been satisfied:
(a) The complainant has timely filed the complaint with
the commission as provided in Sec. 14.15.
(b) The complaint has been on file with the commission
for at least sixty days and the commission has
issued a release to the complainant.
(2) Upon a request by the complainant, and after the expira-
tion of sixty days from the timely filing of a complaint
with the commission, the commission 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 com-
plaint by the hearing officer charged with that duty, or
a conciliation agreement has been executed under See.
14.15, or the commission has served notice of hearing
upon the respondent, or the complaint is closed as an
administrative closure and two years have elapsed since
the issuance date of the closure.
Notwithstanding Sec. 14.15, subsection (4), a party may
obtain a copy of all documents contained in a case file
where the commission has issued a release to the com-
plainant pursuant to this subsection.
(3) An action authorized under this section is barred unless
commenced within ninety days after issuance by the
commission of a release under this section. If a com-
plainant obtains a release from the commission under this
section, the commission shall be barred from further
action on that complaint.
(4) Venue for an action under this section shall be in the
county in which the respondent resides or has its princi-
pal place of business, or in the county in which the
alleged unfair or discriminatory practice occurred.
(5) The district court may grant any relief in an action
under this section which is authorized by Sec. 14.15 to
be issued by the commission. The district court may also
award the respondent reasonable attorney's fees and
court costs when the court finds that the complainant's
action was frivolous.
(6) It is the legislative intent of this chapter that every
complaint be at least preliminaryly screened during the
first one hundred twenty days."
Section Two. Violation of the provisions of this ordinance shall
constitute a simple misdemeanor punishable by a fine not to. exceed $100
or by imprisonment for not more than 30 days.
Section Three. All ordinances or parts of ordinances in conflict
herewith shall be repealed to the extent of such conflict if any.
Section Four. This ordinance shall be in full force and effect
from and after its passage and publication as required by law.
Passed this 14th day of AucTust 1990.
Nancy Dio 'gi, City C rk Larry R. C rtis, Mayor
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