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HomeMy WebLinkAbout3958-07/19/1993IOWA: ORDINANCE NO. 3958 AN ORDINANCE AMENDING CHAPTER 20, HUMAN RELATIONS, OF THE 1988 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SECTION 20-19, ONE -HUNDRED -TWENTY -DAY ADMINISTRATIVE RELEASE; AND ENACTING IN LIEU THEREOF A NEW SECTION 20-19, SIXTY-DAY ADMINISTRATIVE RELEASE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, That Section 20-19, One -hundred -twenty -day Administrative Release, of Chapter 20, Human Relations, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Section 20-19, Sixty-day Administrative Release, of Chapter 20, Human Relations, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: Sec. 20-19. Sixty-day administrative release. (a) A person claiming to be aggrieved by an unfair or discriminatory practice must initially seek an administrative relief by filing a complaint with the commission in accordance with this chapter. A complainant, after the proper filing of a compliant with the commission, may subsequently commence an action for relief in the district court if all of the following conditions have been satisfied: (1) The complainant has timely filed the complaint with the commission as provided in this chapter; and (2) The complaint has been on file with the commission for at least sixty (60) days, and the commission has issued a release to the complainant pursuant to subsection (b) of this section. (b) Upon a request by the complainant, and after the expiration of sixty (60) 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 complaint, a conciliation agreement has been executed, or the commission has served notice of hearing upon the respondent pursuant to this chapter. (c) An action authorized under this section is barred unless commenced within ninety (90) days after issuance by the commission of a release under subsection (b) of this section or within one (1) year after the filing of the complaint, whichever occurs first. If a complainant obtains a release from the commission under subsection (b) of this section, the commission shall be barred from further action on that complaint. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: July 12, 1993 July 12, 1993 July 19, 1993 July 19, 1993 BOOK 3O7PAGE 549 Ordinance No. 3958 Page 2 PASSED AND ADOPTED by the City Council on this 19th day of July, 1993, and approved by the Mayor on this 21st day of July, 1993. ATTEST: Michelle Temeyer, Acting Albert C. anning, Jr., Mayo erk/Auditor CERTIFICATE I, Michelle Temeyer, Acting City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 3958, as passed and adopted by the Council of the City Of Waterloo, Iowa, on the 19th day of July, 1993. 1993. SAL Witness my hand and seal of office this 21st day of July, qm Y Michelle Temeyer, Acting Misc INDEX MARGIN' PROOFc ` COMPARE ity Clerk 2501 BLACK HAWK COUNTY, IOWA:SS Filed for record Aug 4 19 93 at 1:30 P M, and recorded in Misc Book 307 Page 549 ,A2e.Sci Recorder Deputy Fee 1-10.00/ City of Waterloo 600K 307 PAGE 550 'ORM I - ► T. STATE OF IOWA, I do solemnly swear that the annexed copy of legal Legal— City of Waterloo SS Black Hawk County, Ordinance No. 3958 ORDINANCE NO.958 AN ORDINANCE AMENDING CHAPTER 20, HUMAN RELA- TIONS, OF THE 1988 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEAL- ING SECTION 20-19, ONE -HUN- DRED -TWENTY -DAY ADMINIS- TRATIVE RELEASE- AND ENACT- ING IN LIEU THEREOF A NEW SECTION 20-19, SIXTY-DAY ADMINISTRATIVE RELEASE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 20-19, One -hundred. twenty -day Administrative Release, of Chapter 20, Human Relations, of the 1988 Code of Ordinances of the City of WAterloo, Iowa, is hereby repealed in its entirety; that a new Section 20-19, Sixty-day Administrative Release, of Chapter 20, Human Relations, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: Sec. 20-19. Sixty-day administra- tive release. (a) A person claiming to be aggrieved by an unfair or discrimi- natory practice must initially seek an administrative relief by, filing a complaint with the commission in accordance with this chapter. A complainant, after the property filing of a complaint with the commission, may subsequently commence an action for relief in the district court it all of the following conditions have been satisfied: (1) The complainant has timely filed the complaint with the commis- sion as provided in this chapter; and (2) The complaint has been on file with the commission for at least sixty (60) days, and the commission has issued a release to the com- plainant pursuant to subsection (b) of this section. (b) Upon a request by the com- plainant, and after the expiration of sixty (60) 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 com- mence an action in the district court. A release under this subsec- tion shall not be issued if a finding of no probable cause' has been made on the complaint, a concilia- tion agreement has been executed, or the commission has served notice of hearing upon the respon- dent pursuant to this chapter. (c) An action authorized under this section is barred unless com- menced within ninety (90) days after issuance by the commission of a release under subsection (b) of this section or within one (1) year after the filing of the complaint, whichever occurs first. If a com- plainant obtains a release from the commission under subsection (b) of this section, the commission shall be barred from further action on that complaint. INTRODUCED; July 12, 1993 PASSED 1ST CONSIDERATION: July 12, 1993 PASSED 2ND CONSIDERATION: July 19, 1993 PASSED 3RD CONSIDERATION: July 19, 1993. PASSED AND ADOPTED by the City Council on this 19th day of July, 1993, and approved by the Mayor on this 21st day of July, 1993. Abert C. Manning Jr., Mayor ATTEST: Michelle Temeyer, Acting Clerk/Auditor notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 4th day of August 19 93 in the name of of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $26.88 Subscribed and sworn to before me this 4 A Received of A.D., 19 Signed day of Notary Public the sum of in full for publication of the above notice. Dollars