HomeMy WebLinkAboutA001 - Memo dated January 31, 1996 to City Council from Ames Human Relations Commission M E M O CITY MANAGER'S OFFICE
CITY OF AMES
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TO: Mayor and City Council
FROM: Sheila Lundt, Liaison to the Ames Human Relations Commission
DATE: January 31, 1996
SUBJECT: Amendments to the Human Relations Chapter(Chapter 14)of the Municipal Code
as Proposed by the Human Relations Commission
Attached to this memo is a portion of the minutes of the Ames Human Relations Commission's
December 5 meeting during which the Commission approved the submission of a number of
changes to the Human Relations Chapter 14 of the Municipal Code. Also attached for your
review are copies of a "Summary" of the amendments being recommended to Chapter 14, as well
as the actual ordinance as proposed.
The Human Relations Commission has been in the process of reviewing the status of our local
ordinance in relation to Code of Iowa Chapter 216 for nearly a year. This past summer and fall
the services of Andrew Ross, a Drake University law student, were secured to assist the
Commission and City staff in drafting revisions to the City's current ordinance (Chapter 14)
which would keep it consistent with the provisions of the Code of Iowa. It has been traditionally
the approach of the Commission and staff to keep the City's Chapter 14 as consistent with the
State Code provisions on Civil Rights as possible(the notable exception to this being the addition
of "sexual orientation" as a protection in 1991).
The Commission discussed and reviewed the proposed changes at length during a televised
meeting on November 6, 1995. As you will note in reviewing the "Summary," as well as the
proposed ordinance, many of the recommended revisions involve discrimination in housing, as
dictated by federal actions in the Americans with Disabilities Act, Federal Fair Housing
procedures, and actions of the Iowa Legislature over the past several years.
Commission members look forward to reviewing this information with you on February 6.
Please contact me if you have any questions. Should you wish the Commission to further review
this information with the public prior to your first reading, the Commission will next meet on
February 22 at 7:00 p.m.
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A Summary of Chapter 14 Amendments as Proposed by the
Ames Human Relations Commission
I. Section 14.2 - Definitions:
The Iowa Code addresses two definitions that were not fully addressed in Section 14.2
of the Ames Municipal Code. The term and definition of "Covered Multi-family
Dwelling" was not previously addressed anywhere in Chapter 14 of the Ames Code.
Additionally, in the Section 216.2(9)(c) definition of "Familial Status," the Iowa Code
addresses pre ant persons, which was not previously addressed in Chapter 14 of the
Ames Code. Both provisions have been added to Chapter 14.
II. Section 14.5 - Powers and Duties:
The Iowa Code addresses general subpoena powers (for Commissioners) to aid in the
investigation of alleged unfair or discriminatory housing or real property practices. This
subpoena power has been added to Chapter 14. Additionally, a provision authorizing
commission members to utilize volunteers in conducting their business has been added,
pursuant to Section 216.5(4).
III. Section 14.6 - Unfair Employment Practices:
The Iowa Code contains provisions relating to: 1) testing by employers for the presence
of the antibody to the human immunodeficiency virus; and 2) employment policies
relating to pregnancy and childbirth. These provisions have both been amended to
Chapter 14.
IV. Section 14.8: Unfair or Discriminatory Practices - Housing:
Section 216.8(2) of the Iowa Code addresses housing discrimination that was also
addressed in Section 14.8 of the Ames Code. However, the second half of the paragraph
under Section 216.8(2) of the Iowa Code contains a provision relating to "services and
facilities" provided in relation to housing accommodations that was not accommodated
by Chapter 14 of the Iowa Code. This provision has been added to the new version of
Chapter 14.
V. Section 14.8A: Additional Unfair or Discriminator Practices - Housing..
The Iowa Code addresses additional housing discrimination such as inducing another
person not to sell or rent a dwelling based on particular classifications, misrepresenting
to an individual of a particular classification the availability or unavailability of a
dwelling, refusing to sell or rent to an individual because of a disability, etc. These
provisions have been amended to Chapter 14.
VI. Section 14.11A - Interference Coercion or Intimidation:
This self-explanatory provision in Chapter 216 of the Iowa Code, which was not
previously included in Chapter 14, has been adopted in the new version of Chapter 14.
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VII. Section 14.12 - EXc. tions:
A. Section 216 12(4) excludes the provisions of Sections 216.8 and 216.8A from
application to discrimination on the basis of familial status involving dwellings provided
under any state or federal program specifically designed and operated to assist elderly
persons. This section has been emended to Chapter 14.
B. A new subsection, subsection 16J was amended to Chapter 216 in May 1995.
Subsection (6) excludes the application of Sections 216.8 and 216.8A to "discrimination
on the basis of sex involving the rental, leasing, or subleasing of a dwelling within which
residents of both sexes would be forced to share a living area." This section has also
been amended to Chapter 14.
VIII. Section 14.12A - Additional Housing Exce tions:
Section 216.12A of the Iowa Code, which states that Sections
216.8 and 216.8A do not
prohibit real estate appraisers from taking certain factors into consideration in appraising
real estate. This section has been added to our new and improved Chapter 14.
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IX. Section 14.15A - Additional Proceedin s: Housing:
The Iowa Code addresses additional proceedings in housing discrimination cases that were
neither accommodated nor addressed anywhere in Chapter
v�nn r y Ater 14 of the Ames Code. The
following provision have been added to the new version of Chapter 14:
A. Section 14 15A(1) empowers the commission to join other persons to a
complaint, and discusses the process of notification when such joinder occurs.
B. Section 14 15A(2) addresses mediation by the commission and mediation
agreements between parties.
C. Section 14 15A(3) authorizes the commission to order a civil action for
appropriate or temporary relief pending final disposition of a complaint.
D. Section 14.15A(4) pertains to the preparation and filing of a final
investigative report by the commission.
E. Section 14.15A(5) states that the commission shall investigate and make
its determination on an alleged discriminatory housing practice not later than one hundred
(100) days. Subsection (5) also contains exceptions to the one hundred (100) day rule.
F. Section 14.15A(6) defines what must be included in the commission's
determination under subsection (5).
G. Section 14 15A(7) addresses complaint dismissal by the commission when
a determination of no probable cause occurs. Subsection (7) also discusses public
disclosure of each dismissal. Section 14.15A(8) prohibits a commission from making a
determination regarding an alleged discriminatory housing or real estate practice after civil
proceedings have been initiated by the aggrieved party under federal or state law seeking
certain relief.
H. Section 14.15 instructs that when a civil action is not elected timely
under Section 14.16A of the Ames Code, the commission shall provide for a hearing on
the charges in the complaint.
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I• Section 14 15A(10) authorizes commission to assess a civil penalty against
the respondent in an amount not to exceed limits established by the Iowa Code.
J Section 14 15A(11) defines what types of complaints are subject to the
Provisions of Section 14.15A of the Iowa Code.
K. Section 14.15 dictates which Section of Chapter 14 will prevail in the
event of conflict with an earlier counterpart (ie: Section 14.17A will prevail over Section
14.17, Section 14.16A will prevail over Section 14.16, Section 14.15A will prevail over
Section 14.15).
X. Section 14.15B: Mediation - Confidentiali
This is a new section that was recently added to Chapter 216 of the Iowa Code, which
primarily relates to the responsibilities of a mediator during the process of mediation.
XI. Stion 14.
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Section 216.16 also applies to persons claiming to be aggrieved by an unfair or
discriminatory practice committed by the State or an agency or political subdivision of
the State, notwithstanding the terms of the Iowa Administrative Procedure Act. This
provision has been included in the new Chapter 14.
XII. Section 14.16A: Civil Action Elected - Housing:
Section 216.16A of the Iowa Code enables a complainant, a respondent, or an aggrieved
person on whose behalf the complaint was filed to elect to have the charges asserted in
the complaint decided in a civil action as provided by Section 216.17A. We have added
this to Chapter 14.
XII. Section 14.17: Judicial Review - Enforcement:
Section 14.17 of the Ames Code contains one new paragraph. The paragraph states, "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." We have added this new paragraph to Chapter 14.
XIV. Section 216.17A: Civil Proceedings - Housing-
Provisions
relating to civil proceedings in housing or real estate discrimination cases have
been added to Chapter 14. Section 14.17 empowers the commission to authorize a
civil action on behalf of the aggrieved person in a district court seeking relief. The other
provisions that have been amended to Chapter 14 include the commission's responsibilities
regarding civil proceedings, where civil actions may be filed, what type of relief the
district court may grant, and how relief granted under this section affects contracts, sales,
leases, or other encumbrances.
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