HomeMy WebLinkAboutA001 - Staff Report dated September 10, 2013 34
STAFF REPORT
CHAPTER 14 REVISIONS AS RECOMMENDED BY THE
AMES HUMAN RELATIONS COMMISSION
September 10, 2013
BACKGROUND:
At the July 2, 2013, Ames Human Relations Commission (AHRC) meeting, the
Commission was approached by oneiowa, an organization which supports full equality
for lesbian, gay, bisexual and transgender Iowans. Matthew Skuya, Deputy Director of
oneiowa, noted that Chapter 14 -Human Relations of the Ames Municipal Code was not
consistent with the Iowa Civil Rights Act as it did not list gender identity as a category
for discrimination. This area of the Iowa Civil Rights Act was amended in 2007. The City
has not undertaken any changes to Chapter 14 since 1996.
Staff to AHRC requested that Chapter 14 received a complete review to ensure that no
other areas of the Code were inconsistent with the Iowa Civil Rights Act as well as other
State and Federal laws. AHRC recommended that City staff bring back changes to
Chapter 14 of the Ames Municipal Code to reflect the State of Iowa Code as soon as
possible.
In addition to the changes noted regarding gender identity, the City Attorney's Office
also noted that the City Code was missing several sections that were adopted into the
Iowa Civil Rights Act, which included a section on wage discrimination (Draft Sec. 14.8)
adopted in 2009, a section on Additional Housing Exceptions (Draft Sec. 14.13A.)
adopted in 2007, a section on Exceptions for Retirement Plans, Abortion Coverage,
Life, Disability, and Health Benefits (Draft Sec. 14.14) adopted in 2006, and a section on
Promotion or Transfer (Draft Sec. 14.5) adopted in 1996. Several other lesser
housekeeping changes were made to the Chapter, including changing the wording in
Sec. 14.5(1) to read Affirmative Action Officer, instead of director. In Sec. 14.5(8)
changing the wording to read Mayor and City Council, instead of City Council. In Sec.
14.10 deleting "Chapter 534" because it was repealed from the Iowa Code in 2012.
Lastly, as noted above, in Sec. 14.12, adding "sexual orientation" and "gender identity"
is subsection 1.a. as it was adopted into the Civil Rights Act in 2007.
At the August 22, 2013, AHRC meeting, the Commission voted unanimously to forward
the amendments to Chapter 14 to the City Council for consideration and approval.
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STAFF COMMENTS:
The City has typically tried to mirror the Iowa Civil Rights Act under Chapter 14 -
Human Relations. The updates as recommended by the AHRC would bring
Chapter 14 back in line with the Iowa Civil Rights Act and assist the AHRC in
addressing discrimination in the community by expanding their ability to address
discrimination based on gender identity. Additionally, it will allow AHRC to
investigate claims of discriminatory practices related to wages, promotion or
transfer in the area of employment.
Staff is requesting on behalf of AHRC for the City Council to follow the AHRC's
recommendation and add these provisions to it Human Relations chapter by
directing the City Attorney's Office to prepare the necessary ordinance changes
to Chapter 14 - Human Relations to reflect the Iowa Civil Rights Act, including the
noted housekeeping items.
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