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HomeMy WebLinkAboutA028 - October 28, 2025, Regular Meeting of the Ames City CouncilITEM #: DATE:10-28-25 DEPT:ADMIN SUBJECT:COOPERATIVE AGREEMENT BETWEEN AMES HUMAN RELATIONS COMMISSION AND IOWA OFFICE OF CIVIL RIGHTS (FORMERLY KNOWN AS THE IOWA CIVIL RIGHTS COMMISSION) COUNCIL ACTION FORM BACKGROUND: The City, on behalf of the Ames Human Relations Commission (AHRC), has regularly contracted with the Iowa Office of Civil Rights (IOCR) to manage the intake and resolution of civil rights complaints. Under this agreement, IOCR pays the City a set amount for each complaint form sent to the IOCR (see agreement attached). The agreement allows the City to use these resources to assist complainants with obtaining and filling out complaint forms and ensuring they are complete and valid. IOCR has presented a new agreement for the fiscal year ending June 30, 2026. The Ames Human Relations Commission has reviewed this agreement and recommends City Council approval. ALTERNATIVES: 1. Approve the cooperative agreement between the Ames Human Relations Commission and Iowa Civil Rights Commission. 2. Do not approve the agreement. CITY MANAGER'S RECOMMENDED ACTION: This agreement formalizes the mechanisms in which the IOCR will investigate and resolve civil rights complaints. IOCR will compensate the City of Ames for acting as the intake agent under this agreement. The City, AHRC, and IOCR have maintained this arrangement for several years. Transferring this time-consuming investigation responsibility to the IOCR will allow the AHRC to focus on connecting and supporting all communities in Ames. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Letter from Kristen Stiffler.pdf Local K FY26 - Non-Binding Copy.docx.pdf 1 STATE OF IOWA KIM REYNOLDS, GOVERNOR KRISTEN STIFFLER, EXECUTIVE DIRECTOR Oct 24, 2025 Re: FY 2026 Cooperative Agreement Proposals Dear Director/Chair Person: Enclosed please find the FY2026 proposed cooperative ag reement. Please review the contract carefully as it has been recently updated. I believe these updates and additions will lend to a more streamlined process for communication between our agencies.Some highlights are: ● Sole use of email for all contractual communications; ● Updated jurisdictional for m to be used for all cross-filed, local agency investigated complaints; ● One annual report rather than four quarterly reports. The total amount of funds the Iowa Office of Civil Rights (IOCR) will spend on this program is $30,000, which will be provided on a first come, first ser ved basis. Once the $30,000 has been expended, we will no longer be able to provide reimbursement. We will endeavor to let you know if we get close to using up all of the funding. If your agency intends to sign a workshare agreement, we must receive the signed agreement no later than November 15, 2025. This should allow sufficient time for your agency to coordinate and collect the appropriate signatures as required by your local ordinances or city government. I hope you will consider taking advantage of this program, which provides an excellent opportunity for your commission to receive funds from the IOCR, help reduce your caseload/backlog, and does not obligate your agency to refer any cases to the IOCR beyond those you would like to get reimbursement for. Those local commissions with direct agreements with the EEOC and/or HUD will not be eligible for payment by the IOCR if payment is also received by the EEOC or HUD. Please do not hesitate to contact me if you have any questions. Yours ver y tr uly, /s/ Kristen Stiffler Kristen Stiffler Executive Director Iowa Office of Civil Rights 6200 Park Avenue, Suite 100 Des Moines, IA 50321 kristen.stiff ler@iowa.gov 6200 Park Avenue, Suite. 100, Des Moines, Iowa 50321-1270 515-281-4121 / 1-800-457-4416 / Fax 515-242-5840 2 NON - B I N D I N G C O P Y COOPERATIVE AGREEMENT Between ________________________ & IOWA OFFICE OF CIVIL RIGHTS 1. Definitions: As used in this Cooperative Ag reement the following ter ms are defined as follows: a) “IOCR” means the Iowa Office of Civil Rights. b) “Local agency” means ________________________ and must comply with the requirements of Iowa Code §216.19. c) “Fiscal Year 2026” r uns from July 1, 2025 to June 30, 2026. d) “Initial Filing Date” means the local agency file-stamp receipt date shown on the complaint. All complaints must show a local file-stamp receipt date. Credit may be rejected for complaints without a local file-stamp receipt date. e) “Intake” means receipt by the IOCR of a completed, signed, jurisdictional complaint for m in any area covered by the ICRA, that is forwarded by the local agency to the IOCR for processing and investigation. f) “Resolutions” means case closures resulting in final local agency action, including administrative closures; conciliated and settled cases; satisfactor y adjustments; no probable cause deter minations, and closures after public hearing. 2. Authority: In order to effectuate the purposes of the “Iowa Civil Rights Act,” (ICRA) the IOCR now enters into a Cooperative Agreement with the ____________________________. Iowa Code §216.19. 3. Scope: Under this Cooperative Ag reement, IOCR contracts with the ______________________ for the satisfactor y intake and resolution of complaints whose allegations fall within the prohibitions of Iowa Code §§ 216.6, 216.6A, 216.7, 216.8, 216.8A, 216.8B, 216.8C, 216.9, 216.10, 216.11, and 216.11A. This Cooperative Agreement does not cover complaints that address allegations outside of these sections of the Iowa Code. 4. Timeliness: This contract recognizes the 300-day filing period for initial complaints, as set forth in Iowa Code Ch. 216, is measured by the day the complaint is received by the IOCR, not the day received by the local commission. Therefore, local commissions are responsible for ensuring that cases are received by the IOCR within 300 days of the date of the last incident of discrimination in order to preser ve the Complainant’s rights under the ICRA. There should be no reimbursement expected for complaints received by the IOCR outside of the 300-day filing period. 3 NON - B I N D I N G C O P Y 5. Jurisdiction: Any and all complaints submitted for credit and payment must be a jurisdictional complaint under the Iowa Civil Rights Act. 6. Transmittal: Submissions for credit must be made via email to icrc@iowa.g ov, unless another transmittal option is approved by the Executive Director of the IOCR or designee. 7. IOCR may be required to obtain a full copy of the case file maintained by the local commission. The copies should be provided to IOCR at no cost and within two weeks of request, or credit will not be granted. 8. Period: This Cooperative Ag reement will run during Fiscal Year 2026. There is no commitment on the part of IOCR to contract with the ___________________________ for the resolution of complaints after June 30, 2026. 9. Total Amount: The IOCR shall not spend more than $30,000 as ag gregate compensation to all contracting local commissions for work perfor med under cooperative agreements for Fiscal Year 2026. If insufficient funds exist for payment of all cases tendered for payment by the contracting local agencies, payment shall be allocated on a first-come, first-ser ved basis. 10. Payment Date: IOCR agrees to provide payment on an annual basis based upon satisfaction of the conditions established in this agreement. Payment will be provided for work perfor med and accepted under this Ag reement by the IOCR, and for cases cross-filed with the EEOC or HUD, when credit has been approved by that funding agency (IOCR, EEOC, or HUD). In the case of payment for intake ser vices, IOCR accepts the work if/when IOCR opens the complaint file corresponding to the intake. Payment is conditioned upon execution of this contract which must be accomplished and returned to the IOCR no later than 11/15/25. Ag reements presented after that date will be rejected by the IOCR absent approval for late submission by the Executive Director of the IOCR, or designee. 11. Payment Schedule***: (a) Intakes: See attached Schedule A for breakdown of reimbursement rates based on the timing of receipt of the complaint for housing and non-housing referrals to the IOCR. (b) Resolutions: See Schedule A (attached) for definitions and rate of payment based on timing of receipt of the complaint closure documentation. 12. Maintenance of Effor t: Iowa Code §216.19(2) provides that a city with a population of 29,000 or greater shall maintain an independent local civil/human rights agency, shall str ucture and adequately fund the local human/civil rights agency in order to effect cooperative undertakings with IOCR and to aid in effectuating the purposes of the “Iowa Page 2 of 7 4 NON - B I N D I N G C O P Y Civil Rights Act,” and when staff is provided, the local agency or commission shall have control over such staff. The IOCR reser ves the right to deny payment for closures which appear to have been adversely affected by a failure to comply with this code section or any other reasonable indication of lack of independence or neutrality by the local agency in its investigation of the complaint, and such may ser ve as grounds justifying ter mination of this agreement. 13. Infor mation Sharing: Pursuant to I.A.C r. 161—11.10, the filing of a complaint or confidential infor mation pertaining to a complaint covered by this agreement may be shared between the parties to this agreement as part of the routine use of such records, to administer the program for which the infor mation is collected. 14. Confidentiality: Pursuant to Iowa Code Section 216.15(5), the ____________________ agrees not to disclose the filing of a complaint or confidential infor mation pertaining to a complaint covered by this agreement until the complaint has been officially set for public hearing. Once a complaint has been officially set for public hearing, the _________________________ agrees not to disclose confidential infor mation pertaining to the complaint that is not publicly available, except as allowed by IOCR’s r ules. 15. Repor ts: The local agency agrees to submit the annual report provided within the invoice template, listing each intake and resolution submitted for contract credit or payment under this Agreement. The annual report is due July 3, 2026, for July 1, 2025 - June 30, 2026 activity. Payments under this contract will be made after the annual report is completed, submitted to the IOCR, and verified to meet the conditions described above. Failure to provide the annual report may result in forfeiture of funds for the contract year. As a condition of final payment, the local commission must submit, and IOCR must have received, all complaints no later than June 30, 2026. Cases submitted after June 30, 2026, will not be paid. 16. Training: IOCR and the local agency will cooperate in planning, sponsoring, and conducting necessar y complaint processing training for staff and commissioners. If required by your local protocol, ordinance or practice, separate signature lines have been provided for your Mayor and Commission Chair. Mayor Date Page 3 of 7 5 NON - B I N D I N G C O P Y Chair person Date Executive Director, Iowa Office of Civil Rights Date Page 4 of 7 6 NON - B I N D I N G C O P Y SCHEDULE A ***The following summarizes the payment schedule. Intake: (See definition for Intake below) Complaint sent to IOCR for processing and investigation within 7 days (housing) or 30 days (non-housing) of initial filing date with local agency. $500 for housing cases eligible for cross-filing with HUD; $250 for employment cases eligible for cross-filing with EEOC; $125 for cases not eligible for cross-filing Complaint sent to IOCR for processing and investigation greater than 7 days but within 30 days (housing); greater than 30 days but within 60 days (non-housing) of initial filing date with local agency. $250 for housing cases eligible for cross-filing with HUD; $150 for employment cases eligible for cross-filing with EEOC; $75 for cases not eligible for cross-filing Complaint sent to IOCR for processing and investigation greater than 30 days (housing) or 60 days (non-housing) of initial filing date with local agency. $0 Resolutions for Non-housing Cases: (See definition for Resolutions below) Complaint Resolutions sent to IOCR for closure processing within 180 days of initial filing date with local agency. $325 for cases eligible for cross-filing with EEOC; $100 for cases not eligible for cross-filing Complaint Resolutions sent to IOCR for closure processing g reater than 180 days but within 600 days of initial filing date with local agency. $200 for cases eligible for cross-filing with EEOC; $50 for cases not eligible for cross-filing Complaint Resolutions sent to IOCR for closure processing g reater than 600 days of initial filing date with local agency. $0 Page 5 of 7 7 NON - B I N D I N G C O P Y Fur ther Requirements/Infor mation General 1. For all complaints cross-filed with the IOCR, the jurisdictional review for m provided by the IOCR must be included, and must be filled out fully and accurately. The most recent version of this for m is attached to this contract. All infor mation noted on the jurisdictional review documentation must be provided to the IOCR with the intake documentation. 2. Any complaint cross-filed with the IOCR that is eligible to be cross-filed with the EEOC, must have either the Complainant's handwritten or verified electronic signature. Complaints lacking a signature or with a typed signature with no further verification will not be accepted. Intakes 1. Complaint for ms provided to the IOCR for Intake credit must be a finalized complaint for m. Complaint infor mation provided that is not on a finalized complaint for m will not be given Intake credit. Resolutions 1. Resolution date shall be the date of receipt of the case closure documentation by the IOCR. a. Case closure documents means investigative reports, respondent position statement/responses, settlement agreements, withdrawal documents, failure to cooperate documentation, closure letters sent to parties. b. All case closure documents including investigative reports, settlement agreements and withdrawals, must include local and state case numbers, and when cross-filed with the EEOC, the federal case number c. For complaints that have been cross-filed with the EEOC, closure documentation must include respondent’s response to the complaint. If there has been a deter mination of No Probable Cause, a copy of the entire complaint must be provided to the IOCR as part of the closure documentation. 2. For complaints that have been cross-filed with the EEOC, the EEOC’s failure to cooperate letter must be sent before the complaint is closed, and provided to the IOCR along with other closure documentation. The most recent version of the letter is attached to the contract. 3. If the EEOC refuses credit for a complaint, the IOCR’s payment obligations under this agreement shall be extinguished. 4. HUD prohibits IOCR from seeking credit for housing complaints cross-filed with HUD, and any such complaints should be referred to the IOCR for investig ation after intake. Page 6 of 7 8 NON - B I N D I N G C O P Y 5. Settlement ag reements for cross-filed EEOC cases cannot include a no-rehire clause or global release and must indicate in the ag reement itself that the agreement was signed voluntarily. These are EEOC requirements that will not be waived by the EEOC and cannot be waived by the IOCR. Any agreements with language that includes the imper missible language or that is missing the required EEOC voluntar y settlement language will be rejected by the IOCR (and EEOC) and no payment will be made until the settlement ag reements are revised accordingly. Repor ting 1. Annual reports will be submitted via email. Following approval of submissions, an invoice will be prepared by the IOCR and submitted to the Department of Inspections and Appeals financial department for payment. Page 7 of 7 9