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A.D., 19
Notary Public
Received of Dollars
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ORDINANCE NO.
1 ,
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 20,
HUMAN RELATIONS, AND ENACTING IN LIEU THEREOF A NEW
CHAPTER 20, HUMAN RIGHTS COMMISSION.
BE IT ORDAINED by the City Council of the City of Waterloo,
Iowa:
That Chapter 20, Human Relations, is hereby repealed in its
entirety; that new Chapter 20, Human Rights Commission, is
hereby enacted in lieu thereof as follows :
Sec. 20-1. PURPOSES. The purposes of the City of Waterloo
in enacting this Ordinance are:
(a) To secure for all individuals within the City of
Waterloo freedom from discrimination because of race,
color, religion, creed, sex, national origin, age, or
mental or physical disability in connection with
employment, public accommodations, housing, credit, and
education; and thereby to protect the personal dignity of
these individuals , to insure their full productive
capacities, to preserve the public safety, health, and
general welfare, and to promote the interests, rights and
privileges of individual citizens within the City of
Waterloo.
(b) To provide for the execution within the City of
Waterloo of the policies embodied in the Iowa Civil Rights
Act of 1965 and in the Federal Civil Rights Act and to
promote cooperation between the City of Waterloo and the
State and Federal agencies enforcing those Acts .
(c) To provide, at the local level, a Commission on
Human Rights dedicated to the following: effective
enforcement of this Ordinance; service as a source of
information to employers, laborers, businessmen, employees,
tenants, and other citizens relative to various civil
rights legislation and regulations ; and active assistance
to prevent and eliminate the effects of discriminatory
practices.
Sec. 20-2. CONSTRUCTION. This Ordinance shall be
construed broadly to e ectuate its purposes.
Sec. 20-3. DEFINITIONS. Unless indicated otherwise in
this Ordinance, the following will define the listed words
and phrases :
(a) "Court" means the district court in and for Black
Hawk County, Iowa, or any judge or magistrate of said court
if the court is not in session at that time.
(b) "Person" means one or more individuals ,
partnerships, associations, corporations, legal
representatives, trustees or receivers. It also includes ,
but is not limited to any owner, lender, builder, manager,
broker, salesman, agent, employee or lending institution;
and includes all political subdivisions and agencies of the
City and any Commission, Authority, Board or other
instrumentality of government.
(c) "Employment agency" means any person undertaking
to procure employees or opportunities to work for any other
person or any person holding himself or herself to be
equipped to do so.
(d) Labor organization" means any organization which
exists for the purpose, in whole or in part, of collective
bargaining, or dealing with employers concerning
grievances, terms, or conditions of employment.
(e) "Employer" means the City of Waterloo or any
political subdivision, board, commission, department,
institution, or shcool district thereof, and every other
person employing employees within the City.
(f) "Employee" means any person employed by an
employer.
(g) "Unfair practice" or "discriminatory practice"
means those practices specified as unfair or discriminatory
in this Ordinance.
(h) "Commission" means the Waterloo Human Rights
Commission created by this Ordinance.
(i) "Public accommodation" means each and every
place, establishment, or facility of whatever kind, nature,
or class that caters or offers services , facilities , or
goods to the general public for a fee or charge, provided
that any place, establishment, or facility that caters or
offers services, facilities, or goods to the general public
gratuitously shall be deemed a public accommodation if the
accommodation receives any substantial governmental support
or subsidy. Public accommodation shall not mean any bona
fide private club or other place, establishment, or
facility which is by its nature distinctly private, except
when such distinctly private place, establishnent, or
facility caters or offers services , facilities , or goods to
the general public for fee or charge or gratuitously, it
shall be deemed a public accommodation during such period.
"Public accommodation" also includes each state and
local government unit or tax-supported district of whatever
kind, nature, or class that offers services, facilities,
benefits , grant or goods to the public, gratuituously or
otherwise. This paragraph shall not be construed by
negative implication or otherwise to restrict any part or
portion of the pre-existing definition of the term "public
accommodation" .
(j ) "Disability" means the physical or mental
condition of a person which constitutes a substantial
handicap. In reference to employment, under this Ordinance
"disability" also means the physical or mental condition of
a person which constitutes a substantial handicap, but is
unrelated to such person's ability to engage in a
particular occupation.
(k) "Director" shall mean the person selected
pursuant to Civil Service Rules and Regulations ,
recommended by the Human Rights Commission, appointed by
the Mayor, subject to approval by the City Council, who
shall have such duties , powers and authority as may be
conferred upon her/him by the Commission, subject to the
provisions of this Ordinance.
(1) "Retaliation" means any act directed at a
complainant or other person with the intent of affecting
that person unfavorably because of his or her formal or
informal effects to secure or aid in securing compliance
with this Ordkance.
(m) "Complainant" means that person filing a
complaint with the Commission.
(n) "Respondent" means that person against whom a
complaint has been filed with the Commission.
(o) "Referral" means the process whereby the Iowa
Civil Rights Commission notifies the local Commission that
a complaint has been filed with the State Commission and
that the State is postponing its investigative activities
for a period of sixty (60) days while the local Commission
investigates and attempts to resolve the matter.
(p) "Contract" means any agreement which is awarded,
let, procured, or entered into with, or on behalf of, the
City or any awarding authority thereof.
(q) "Contracting authority" means any City
department, agency, commission authority, board or person,
or any authorized employee, officer or director of any of
the foregoing, including any purchasing agent of the City
who makes or enters into any contract agreement for the
provision of any goods or services of any kind or nature
whatsoever for and on behalf of the City.
(r) "Affirmative action" means a plan whereby a set
of specific, result-oriented procedures are established and
to which a "person" makes a commitment to apply every good
faith effort. The objective of those procedures is to
ensure equal opportunity in public and private employment,
housing, public accommodation, credit transactions and City
contracts.
(s) "Bona fide occupational qualification (BFOQ)"
means discrimination on a prohibited basis is lawful only
if it results from a "bona fide occupational qualification"
essential to the normal operation of the employer's
business or enterprise. The "BFOQ" exception will be
interpreted narrowly and the burden of proving that a
prohibited basis is a "BFOQ" rests upon the party seeking
to rely upon the exception. Customer or employer
preference or historical usage, tradition, or custom or
stereotyped characterizations will not merit the
exception.
Sec. 20-4. COMMISSION ON HUMAN RIGHTS.
(a) There is hereby esta is e in the city
government of the City of Waterloo a Commission to be known
as the Commission on Human Rights, which Commission shall
consist of ten (10) members broadly representative of the
community. Members of said Commission shall be appointed
by the Mayor of the City of Waterloo and confirmed by the
City Council of the City of Waterloo, Iowa.
(b) Of the ten (10) members first appointed, three
(3) shall be appointed for one year, four (4) shall be
appointed for two years and three (3) shall be appointed
for three years ; thereafter all appointments shall be for
three years. The Commission shall elect a chair and vice
chair from the members of the Commission. Any six (6)
members shall constitute a quorum, except when membership
on the Commission falls below ten a quorum shall be the
majority of those serving. All members of the Commission
shall serve without compensation, but shall be reimbursed
for necessary travel and other expenses, out of the funds
appropriated for the Commission.
(c) The Mayor, subject to approval by the City
Council, 'shall appoint an executive director who shall not
be a member of the Commission. The executive director and
the Commission staff shall be compensated in such amounts
as may be fixed by the City Council. Additional personnel
may be hired as is deemed necessary to carry out the
purposes of this ordinance consistent with the funds
appropriated for that purpose and any gifts or grants which
the Commission may receive from other sources .
Sec. 20-5. POWER AND DUTIES. The Commission shall have
the following powers and duties :
(a) To hold meetings at intervals of not less than
one per month at a time and place to be determined by the
Commission.
(b) To prescribe the duties of a director and such
investigators and other employees and agents as the
commission shall deem necessary for the enforcement of this
Ordinance.
(c) To receive, investigate, and finally determine
the merits of complaints alleging unfair or discriminatory
practices.
(d) To investigate and study the existence,
character, causes and extent of discrimination in public
accommodations, employment, apprenticeship programs,
on-the-job training programs , vocational schools, extension
of credit, real estate, financial transactions, and housing
in this City and to attempt the elimination of such
discrimination by education and conciliation.
(e) To subpoena books, papers, records, and any other
real evidence necessary to the investigation of any
complaint filed pursuant to this Ordinance.
(1) The executive director, or designee, shall
issue subpoenas.
(2) Before a subpoena is sought to determine
whether the agency should institute a contested
case proceeding, the Commission staff shall make
a request in written form to the person having
possession of the requested material or real
evidence. The written request shall be hand
delivered by a member of the Commission staff or
sent by certified mail, return receipt requested.
Where a person fails to provide requested
information a subpoena may be issued. A subpoena
may be issued not less than one day after the
written request had been delivered to the person
having possession of the requested materials .
Subpoenas may be issued without prior oral or
written requests where notice of a pending public
hearing has been issued.
(3) Every subpoena shall state the name of the
Commission, the purpose for which the subpoena is
issued, and the name and address of the party on
whose behalf it was issued.
(4) The subpoena shall be directed to a specific
person, or their attorney, or an officer,
partner, or managing agent of any person who is
not a natural person. The subpoena shall command
that person to produce designated books, papers,
or other real evidence under his or her control
at a specified time and place. Where a public
hearing has been scheduled, the subpoena may
command the person to whom it is directed to
attend and give testimony.
(5) The subpoena shall be served either by
personal service or by an official authorized by
law to serve subpoenas or by any member of the
Commission staff by delivery of a copy thereof to
the person named therein.
(6) Where service is accomplished by personal
service, proof of service will be acknowledgement
of receipt by the person served or by the
affidavit of the person serving the subpoena.
(7) Upon prompt petition by the person to whom
the subpoena is addressed, the executive director
or designee may quash or modify a subpoena where
it is demonstrated by the petitioner that
reasonable cause exists to quash said subpoena.
(8) Where a party fails to respond to a
subpoena, the executive director or designee may
authorize the filing of a petition for
enforcement with the district court.
(9) Subsequent to notification to a respondent
of the approval of a hearing upon the merits of
complaint, legal counsel, staff and respondent
may employ prehearing discovery measures set
forth in the Iowa Administrative Procedure Act,
in addition to oral interviews and informal
requests for documents and other materials and
information.
(f) To hold hearings upon any complaint made against
a person, an employer, an employment agency, or a labor
organization, or the employees or members thereof, to
subpoena witnesses and compel their attendance at such
hearings, to administer oaths and take the testimony of any
person under oath, and to compel such persons, employer,
employment agency, or labor organization, or employees, or
members thereof to produce for examination any books and
papers relating to any matter involved in such complaint.
The Commission shall issue subpoenas for witnesses in the
same manner and for the same purposes on behalf of the
respondent upon his request. Such hearings may be held by
the Commission or by any hearing officer appointed by the
Commission.
(g) To take the necessary remedial action as to the
judgment of the Commission, to carry out the purposes of
this Ordinance. For purposes of this subsection and
pursuant to the provisions of this Ordinance "remedial
action" includes but is not limited to the following:
(1) Hiring, reinstatement or upgrading.
(2) Admission or restoration of individuals to
program, and admission to a public accommodation
or an educational institution.
(3) Sale, exchange, lease, rental, assignment or
sublease of real property to an individual.
(4) Payment to the complainant of damages for an
injury caused by the discriminatory or unfair
practice which damages shall include but are not
limited to actual damages, court cost and
reasonable attorney fees, and the issuance of an
order requiring the respondent to cease and
desist from said practice.
(5) Reporting as to the manner of compliance.
(6) Posting notices in conspicuous places in the
respondent 's place of business in form prescribed
by the Commission and inclusion of notices in
advertising material.
(7) In addition to the remedies provided in the
preceding provisions of this subsection, the
Commission may issue an order requiring the
respondent to cease and desist from the
discriminatory or unfair practice and to take
such affirmative action as in the judgment of the
Commission will carry out the purposes of this
section as follows:
a. In the case of a respondent operating by
virtue of a license issued by the state or a
political subdivision or agency, if the
Commission, upon notice to the respondent
with an opportunity to be heard, determines
that the respondent has engaged in a
discriminatory or unfair practice and that
the practice was authorized, requested,
commanded, performed or knowingly or
recklessly tolerated by the board of
directors of the respondent or by an officer
or executive agent acting within the scope
of his or her employment, the Commission
shall so certify to the licensing agency.
Where the licensing agency derives all or
part of its authority from this City, it
shall be bound by the Commission finding,
unless it is reversed in the course of
judicial review. In the case of such a
municipal licensing agency, where such a
certification has been made, the licensing
agency may initiate licensee disciplinary
procedures.
b. In the case of a respondent who is found
by the Commission to have engaged in a
discriminatory or unfair practice in the
course of performing under a contract or
subcontract with the State or political
subdivision or agency, if the practice was
authorized, requested, commanded, performed,
or knowingly or recklessly tolerated by the
board of directors of the respondent or by
an officer or executive agent acting within
the scope of his or her employment, the
Commission shall so certify to the
contracting agency. Where the contracting
agency fits within Section 22, the finding
of discrimination is binding on that
contracting authority, unless the
Commission's finding of a discriminatory or
unfair practice is reversed in the course of
judicial review.
C. Upon receiving a certification made
under this sub-section, a contracting
authority may take appropriate action to
terminate a contract or portion thereof
previously entered into with the respondent,
either absolutey or on condition that the
respondent carry out a program of compliance
with provisions of this Ordinance; and
assist the State and all political
subdivisions and agencies thereof to refrain
from entering into further contracts.
(8) The election of an affirmative order under
Paragraph Seven (7) of this sub-section shall not
bar the election of affirmative remedies provided
in Paragraphs One through Six (1-6) of this
sub-section. The terms of a conciliation
agreement reached with the respondent may require
him or her to refrain in the future from
committing discriminatory or unfair practices of
the type stated in the agreement, to take
remedial action as in the judgment of the
Commission will carry out the purposes of this
Ordinance and to consent to the entry in an
appropriate district court of a consent decree
embodying the terms of the conciliation
agreement. Violation of such a consent decree
may be punished as contempt by the court upon
showing by the Commission of the violation at any
time within six months of its occurrence. In all
cases where a conciliation agreement is entered
into, the Commission shall issue an order stating
its terms and furnish a copy of the order to the
complainant, the respondent, and such other
persons as the Commission deems proper. At any
time in its discretion, the Commission may
investigate whether the terms of the agreement
are being complied with by the respondent.
(h) To seek a temporary injunction against a
respondent when it appears that a complainant may suffer
irreparable injury as a result of an alleged violation of
this Ordinance. In the event said respondent is the
recipient of, or engaged in any program or activity through
grants, loans, contracts or insurance from any Federal or
State Agency, the Commission shall seek to enjoin said
Federal or State Agency, on a temporary basis, from further
engagement with said respondent.
A temporary injunction may only be sought ex parte, if the
complaint filed with the Commission alleges discrimination
in housing. In all other cases a temporary injunction may
be issued only after the respondent has been notified and
afforded the opportunity to be heard.
(i) To issue such publications and reports of
investigations and research as in the judgment of the
Commission shall tend to promote goodwill among the various
racial, religious, ethnic, and other groups within the City
and which shall tend to minimize or eliminate
discrimination in public accommodations, employment,
apprenticeship and on-the-job training program, vocational
schools, housing, or credit because of race, creed, color,
sex, national origin, religion, disability or age.
(j ) To prepare and transmit to the Mayor and to the
City Council from time to time, but not less often than
once each year, reports describing its proceedings,
investigations , hearings conducted and the outcome thereof,
decisions rendered, and the other work performed by the
Commission.
(k) To make recommendations to the Mayor and City
Council for such further legislation as may be necessary
and desirable, and to adopt, publish, amend and rescind
regulations consistent with the necessary for the
enforcement of this Ordinance.
(1) To cooperate, within the limits of any
appropriations made for its operation, with other agencies
or organizations, both public and private, whose purposes
are consistent with those of this Ordinance, and in the
planning and conducting of programs designed to eliminate
discrimination based on race, color, religion, creed,
national origin, sex, disability or age.
(m) To receive, administer, dispense and account for
any funds that may be voluntarily contributed to the
Commission and any grants that may be awarded the
Commission for furthering the purposes of the Ordinance.
(n) To enter into contracts with Federal and State
Civil Rights agencies which would further the purposes of
this Ordinance.
(o) To enter into contract with Federal and State
Civil Rights agencies which would further the purposes of
this Ordinance and seek from the Equal Employment
Opportunity Commission, Housing and Urban Development, the
U.S. and Iowa Civil Rights Commission, the designation as a
deferral agency, which shall have legal procedence in all
cases in its jurisdiction, except where otherwise agreed,
or where a complainant requests in written form that the
deferral agency not be notified.
(p) To make, sign, and file a verified written charge
of discriminatory practice by the Commission, a member of
the Commission, the city attorney, or the Iowa State Civil
Rights Commission.
Sec. 20-6. PUBLIC MEETING, RECORDS AND CONFIDENTIALITY.
(a) In accordance with Chapter 28A of the Code of
Iowa, all meetings of the Commission shall be public
meetings except:
(1) The Commission may hold a closed session by
affirmative vote of two-thirds (2/3) of its
members present, the votes of such motion being
recorded in the minutes by yeas and nays, when
necessary to prevent irreparable and needless
injury to the reputation of an individual whose
employment or discharge is under consideration,
and such closed session is requested by the
individual; and
(2) The Commission may hold a closed session for
consideration of any complaint of discrimination
or report concerning investigation or
conciliation of said complaint, as provided in
this Ordinance.
(3) Pursuant to Section 28A. 5(3) of the Code of
Iowa, no final action on any matter shall be
taken in a closed session.
(b) All records of the Commission shall be public,
except :
(1) Complaints of discrimination, reports of
investigations, statements and other documents of
records obtained in investigation of any charge
shall be closed records, unless public hearing is
scheduled or district court action is commenced
as provided in this Ordinance.
(2) The minutes of any session which is closed
under the provisions of this Ordinance shall be
closed records .
(c) No member of the Commission or its staff shall
disclose ' the filing of a complaint, the information
gathered during the investigation, or the endeavors to
eliminate such discriminatory or unfair practice by
conference, conciliation, or persuasion, unless such
disclosure is made in connection with the conduct of an
investigation or after public hearing is scheduled or
district court action is commenced upon a complaint filed
as provided in this Ordinance. This section does not
prevent any complainant, respondent, witness, or other
person from publicizing the filing of a complaint or the
matter therein complained of. Any violation of this
section shall be punishable by a fine not to exceed one
hundred dollars.
Sec. 20-7. UNFAIR EMPLOYMENT PRACTICES.
(a) It shall be unfair or discriminatory practice for
any:
(1) Person to refuse to hire, accept, register,
classify, or refer for employment, to discharge
from employment, or to otherwise discriminate in
employment against any applicant for employment
or an employee because of the age, race, creed,
color, sex, national origin, religion or
disability of such applicant or employee, unless
based upon the nature of the occupation. If a
disabled person is qualified to perform a
particular occupation, by reason of training or
experience, the nature of that occupation shall
not be the basis for exception to the unfair or
discriminating practices prohibited by this
section.
(2) Labor organization or the employees, agents
or members thereof to refuse to admit to
membership any applicant, to expel any member, or
to otherwise discriminate against any applicant
for membership or any member in the privileges,
rights, or benefits of such membership because of
the age, race, creed, color, sex, national
origin, religion or disability of such applicant
or member.
(3) Employer, employment agency, labor
organization, or the employees, agents, or
members thereof to directly or indirectly
advertise or in any other manner indicate to
publicize that individuals of any particular age,
race, creed, color, sex, national origin,
religion or disability are unwelcome,
objectionable, not acceptable, or not solicited
for employment or membership unless based on the
nature of the occupation. If a disabled person
is qualified to perform a particular occupation
by reason of training or experience, the nature
of that occupation shall not be the basis for
exception to the unfair or discriminating
practices prohibited by this section. An
employer, employment agency, or their employees ,
servants or agents may offer employment or
advertise for employment to only the disabled,
so long as other applicants have available to
them other employment compatible with their
ability which would not be available to the
disabled because of their handicap. Any such
employment shall not discriminate among the
disabled on the basis of race, color, creed, sex,
age or national origin.
(b) This section shall not apply to:
(1) Any employer who regularly employs less than
four individuals . For the purposes of this
sub-section, individuals who are members of the
employer's family shall not be counted as
employees.
(2) The employment of individuals for work
within the home of the employer if the employer
or member of his family reside therein during
such employment.
(3) The employment of individuals to render
personal service to the person of the employer or
members of his family.
(4) Any bona fide religious institution or its
educational facility, association, corporation or
society with respect to any qualifications for
employment based on religion when such
qualifications are related to a bona fide
religious purpose. A religious qualification for
instructional personnel or administrative
officer, serving in a supervisory capacity of a
bona fide religious educational facility
institution, shall be presumed to be a bona fide
occupational qualification.
(5) This section shall not prohibit
discrimination on the basis of age if the person
subject to the discrimination is under the age of
eighteen years, unless that person is considered
by law to be an adult.
(6) This section shall not apply to age
discrimination in a bona fide apprenticeship
employment program if the employee is over
forty-five (45) years of age.
(7) After a handicapped individual is employed,
the employer shall not be required under the
Ordinance to promote or transfer such handicapped
person to another job or occupation, unless,
prior to such transfer, such handicapped person
by training or experience is qualified for such
job or occupation. Any collective bargaining
agreement between an employer and labor
organization shall contain this section as part
of such agreement.
Sec. 20-8. UNFAIR PRACTICES - ACCOMMODATIONS OR SERVICES.
(a) It shall be an unfair or discriminatory practice
for any owner, lessee, sublessee, proprietor, manager, or
superintendent of any public accommodation or any agent or
employee thereof:
(1) To refuse or deny to any person because of
race, creed, color, sex, national origin,
religion, disability or age the accommodations ,
advantages, facilities, services, or privileges
thereof, or otherwise to discriminate against any
person because of race, creed, color, sex,
national origin, religion or disability in the
furnishing of such accommodations, advantages ,
facilities, services, or privileges.
(2) To directly or indirectly advertise or in
any other manner indicate or publicize that the
patronage of persons of any particular race,
creed, color, sex, national origin, religion or
disability is unwelcome, objectionable, not
acceptable, or not solicited.
(b) This section shall not apply to:
(1) Any bona fide religious institution with
respect to any qualifications the institution may
impose based on religion, when such
qualifications are related to a bona fide
religious purpose.
(2) The rental or leasing to transient
individuals of less than six rooms within a
single housing accommodation by the occupant or
owner of such housing accommodation if the
occupant or owner or members of his family reside
therein.
Sec. 20-9. UNFAIR OR DISCRIMINATORY PRACTICES - HOUSING.
It shall be unfair or discriminatory practice tor any
owner, or person acting for an owner, of rights to housing
or real property, with or without compensation, including
but not limited to persons licensed as real estate brokers
or salesmen, attorneys, auctioneers, agents or
representatives by power of attorney or appointment, or any
person acting under court order, deed or trust, or will:
(a) To refuse to sell, rent, lease, assign or
sublease any real property or housing accommodation or
part, portion or interest therein, to any person because of
race, color, creed, sex, religion, national origin,
disability or age of such person.
(b) To discriminate against any person because of his
race, color, creed, sex, religion, national origin,
disability or age in the terms, conditions or privileges of
the sale, rental, lease assignment or sublease of any real
property or housing accommodation or any part, portion or
interest therein.
(c) To directly or indirectly advertise, or in any
other manner indicate or publicize that the purchase,
rental, lease, assignment, or sublease of any real property
or housing accommodation or any part, portion or interest
therein, by persons of any particular race, color, creed,
sex, religion, national origin, disability or age is
unwelcome, objectionable, not acceptable or not solicited.
(d) To discriminate against the lessee or purchaser
of any real property or housing accommodation or part,
portion or interest of the real property or housing
accommodation, or against any prospective lessee or
purchaser of the property or accommodation, because of the
race, color, creed, religion, sex, disability, age, or
national origin of persons who may from time to time be
present in or on the lessee's or owner's premises for
lawful purposes at the invitation of the lessee or owner as
friends, guests, visitors, relatives or in any similar
capacity.
(e) The provisions of this section shall not apply
to:
(1) Any bona fide religious institution with
respect to any qualifications it may impose based
on religion, when such qualifications are related
to a bona fide religious purpose.
(2) The rental or leasing of a housing
accommodation in a building which contains
housing accommodations for not more than two
families living independently of each other, if
the owner or members of his family reside in one
of such housing accommodations.
(3) The rental or leasing of less than six rooms
within a single housing accommodation by the
occupant or owner of such housing accommodation,
if he or members of his family reside therein.
(4) Restrictions based on sex on the rental or
leasing of housing accommodations by non-profit
corporations.
(5) The rental or leasing of a housing
accommodation within which residents of both
sexes must share a common bathroom facility on
the same floor of the building.
Sec. 20-10. UNFAIR CREDIT PRACTICES. It shall be an
unfair or discriminatory practice tor any:
(a) Creditor to refuse to enter into a consumer
credit transaction or impose finance charges or other terms
or conditions more onerous than those regularly extended by
that creditor to consumers of similar economic backgrounds
because of age, color, creed, national origin, race,
religion, marital status, sex, or physical disability.
(b) Person authorized or licensed to do business in
this state pursuant to chapter 524, 533 , 534, 536 or 536A,
Code of Iowa (1983) , to refuse to loan or extend credit or
to impose terms or conditions more onerous than those
regularly extended to persons of similar economic
backgrounds because of age, color, creed, national origin,
race, religion, marital status, sex or physical
disability.
(c) Creditor to refuse to offer credit life or health
and accident insurance because of color, creed, national
origin, race, religion, marital status, age, physical
disability or sex. Refusal by a creditor to offer credit
life or health and accident insurance based upon the age or
physical disability of the consumer shall not be an unfair
or discriminatory practice if such denial is based solely
upon bona fide underwriting considerations not prohibited
by Chapter 505, et, seq. , Code of Iowa (1983) . The
provisions of this section shall not be construed by
negative implication or otherwise to narrow or restrict any
other provisions of this chapter.
Sec. 20-11. AIDING OR ABETTING. It shall be an unfair or
discriminatory practice or:
(a) Any person to intentionally aid, abet, compel, or
coerce another person to engage in any of the practices
declared unfair or discriminatory by this Ordinance.
(b) Any person to discriminate against another person
in any of the rights protected against discrimination on
the basis of age, race, creed, color, sex, national origin,
religion or disability by this Ordinance because such
person has lawfully opposed any practice forbidden under
this Ordinance, obeys the provisions of this Ordinance, or
has filed a complaint, testified, or assisted in any
proceeding under this Ordinance. An employer, employment
agency, or their employees, servants or agents may offer
employment or advertise for employment to only the
disabled so long as other applicants have available to them
other employment compatible with their ability which would
not be available to the disabled because of their handicap.
Any such employment or offer of employment shall not
discriminate among the disabled on the basis of race,
color, creed, sex or national origin.
Sec. 20-12. UNFAIR OR DISCRIMINATORY PRACTICES -
EDUCATION. It shall be an unfair or discriminatory
practice for any educational institution to discriminate on
the basis of sex in any program or activity. Such
discriminatory practices shall include, but not be limited
to, the following practices :
(a) On the basis of sex, exclusion of a person or
persons from participation in, denial of the benefits of,
or subjection to discrimination in any academic,
extracurricular, research, occupational training, or other
program or activity except athletic programs.
(b) On the basis of sex, denial of comparable
opportunity in intramural and interscholastic athletic
programs.
(c) On the basis of sex, discrimination among persons
in employment and the conditions thereof.
(d) On the basis of sex, the application of any rule
concerning the actual or potential parental, family or
marital status of a person, or the exclusion of any person
from any program or activity or employment because of
pregnancy or related conditions dependent upon the
physician 's diagnosis and certification.
For the purpose of this section "educational institution"
includes any public preschool, elementary , secondary, or
merged area school or area education agency and their
governing boards. Nothing in this section shall be
construed to prohibit any educational institution from
maintaining separate toilet facilities, locker rooms or
living facilities for the different sexes so long as
comparable facilities are provided.
Sec. 20-13. SEX OR AGE PROVISIONS NOT APPLICABLE TO
RETIREMENT PLANS. The provisions of this Ordinance
relating to discrimination because of sex or age shall not
be construed to apply to any retirement plan or benefit
system of any employer unless such plan or system is a mere
subterfuge adopted for the purpose of evading the
provisions of the Ordinance:
(a) However, a retirement plan or benefit system
shall not require the involuntary retirement of a person
under the age of seventy because of that person's age.
This paragraph does not prohibit the following:
(1) The involuntary retirement of a person who
has attained the age of sixty-five and has for
the two prior years been employed in a bona fide
executive or high policy-making position and who
is entitled to an immediate, nonforfeitable
annual retirement benefit from a pension,
profit-sharing savings or deferred compensation
plan of the employer which equals twenty-seven
thousand dollars. This retirement benefit test
may be adjusted according to the regulations
prescribed by the United States secretary of
labor pursuant to Public Law ninety-five dash two
hundred fifty-six (95-256) , section three (3) .
(2) The involuntary retirement of a person
covered by a collective bargaining agreement
which was entered into by a labor organization
and was in effect on September 1, 1977. This
exemption does not apply after the termination of
that agreement or January 1, 1980, whichever
first occurs.
(b) A health insurance program provided by an
employer may exclude coverage of abortion, except where the
life of the mother would be endangered if the fetus were
carried to term or where medical complications have arisen
from an abortion.
(c) An employee welfare plan may provide life,
disability or health insurance benefits which vary by age
based on actuarial differences if the employer contributes
equally for all the participating employees or may provide
for employer contributions differing by age if the benefits
for all the participating employees do not vary by age.
Sec. 20-14. RETALIATION.
(a) It shall be an unfair or discriminatory practice
for any person to discharge, harass, penalize, or otherwise
retaliate against an individual because of that
individual 's attempts to secure compliance or aid in
securing compliance with this Ordinance or the remedies
provided hereunder.
(b) It shall be an unfair or discriminatory practice
for any person to discharge, harass, penalize or otherwise
retaliate with respect to employment, housing, public
accommodations or financial practices against any
individual because of that individual' s association with
persons of a particular race, religion, creed, color,
national origin, or sex, disability or age.
Sec. 20-15. COMPLAINT PROCEDURES.
(a) A person claiming to be aggrieved by a
discriminatory practice, his agent, the director of the
Commission, the City Attorney, or a non-profit organization
with a purpose of combating discrimination may file with
the Commission a written complaint stating that a
discriminatory practice has been committed, setting forth
the facts upon which the complaint is based, and setting
forth facts sufficient to enable the Commission to identify
the person charged (hereinafter the respondent) . A member
of the Commission staff or one or more members of the
Commission, as appointed by the Chairperson, shall promptly
investigate the allegations of discriminatory practice set
forth in the complaint and shall promptly furnish the
respondent with a copy of the complaint. The complaint
must be filed within one hundred eighty (180) days after
the alleged discriminatory practice occurs. A complaint
filed with the Iowa Civil Rights Commission under the
provisions of the Iowa Civil Rights Act shall be sufficient
for the purposes of this Ordinance, if it alleges
discriminatory acts within this city.
(b) If it is determined after investigation that no
probable cause exists for such complaint, the Commission
shall forthwith notify the complainant and the respondent
of such determination and the case shall be closed with the
Commission.
(c) If it is determined after investigation that
probable 'cause exists for crediting the allegations of the
complaint, the Commission staff shall promptly proceed with
conciliation.
(d) The Commission shall notify the Iowa Civil Rights
Commission whenever any finding has been made with respect
to any case within their jurisdiction or whenever such case
is otherwise closed.
(e) The complaint may be amended at any time prior to
the scheduling of the complaint for a public hearing, and
thereafter, only upon the consent of the person or persons
conducting the hearing. Such leave shall be freely given
when justice so requires.
Sec. 20-16. CONCILIATION.
(a) Prior to a finding of probable cause, the person
investigating the complaint may enter into the conciliation
process with the respondent at the respondent' s request
where the investigation has been sufficient for the
investigator to determine adequate remedies for the alleged
discrimination.
(b) After a finding of probable cause, the respondent
shall be promptly notified in writing of the finding and
shall be informed of his/her right to conciliate. The
notification shall further contain a suggested place, date,
and time for the conciliation meeting.
(c) Where the conciliation results in an agreement
between the respondent and the Commission, the agreement
shall be in writing and shall be signed by the respondent
or his or her representatives and by the director of the
Commission. The director shall consult with the
complainant prior to signing the agreement, and, should the
complainant object to the agreement, the agreement must be
presented to the Commission for its approval before the
agreement may be signed. The complainant shall be given an
opportunity to state the reasons for dissatisfaction to the
Commission. Such reasons shall be reduced to writing.
(d) If, after attempts to conciliate, the person or
persons directed to conciliate shall find that conciliation
efforts have failed, such failure shall be reported in
writing to the Commission. If the Commission determines
the charge to be well founded, it will promptly schedule
the matter for public hearing. If the Commission
determines the charge not to be well founded, it shall
declare the case closed and shall so notify the Iowa State
Civil Rights Commission of the failure of conciliation
efforts and of the action taken.
Sec. 20-17. PUBLIC HEARING.
(a) After the Commission has voted to take a
complaint to public hearing, the Commission shall serve on
the respondent by registered or certified mail a written
notice, together with a copy of the complaint as it may
have been amended, requiring the respondent to answer in
writing the allegations of the complaint at a hearing
before one or more members of the Commission or a hearing
officer at a time and place specified in the notice. A
copy of the notice shall be furnished to the complainant,
the Iowa Civil Rights Commission, and such other public
officers and such other persons as the Commission deems
proper.
(b) The notice shall include:
(1) A statement of the time, place, and nature
of the hearing.
(2) A statement of the legal authority and
jurisdiction under which the hearing is to be
held.
(3) A reference to the particular sections of
the Ordinance and rules involved.
(4) A short and plain statement of the matters
asserted. If the Commission is unable to state
the matters in detail at the time that the notice
is served, the initial notice may be limited to a
statement of the issues involved.
(c) The hearing will be conducted by the Commission,
or by a hearing officer appointed by the Commission.
(d) No person shall take part in the conducting of
the hearing who has any personal interest in its outcome or
who has taken part in the investigation of the complaint or
has taken a position as to whether discrimination occurred
with respect to the matter in question. No commissioner
who would be disqualified under the above criteria shall
take part in any vote or discussion by the Commission with
respect to the complaint.
(e) If a party fails to appear in a contested case
proceeding after proper service of notice, the person(s)
conducting the hearing may proceed and make a decision in
the absence of the party.
(f) Opportunity shall be afforded all parties to
respond and present evidence and argument on all issues
involved and to be represented by counsel at their own
expense. The case for the Commission may be presented by
any member of the Commission staff or by an attorney from
the City Attorney's office. The hearing need not be bound
by the strict rules of evidence, but the admission of
evidence should be based on sound discretion as represented
in the Iowa Administrative Procedure Act 17A. 14(l) .
17A. 14(1)
Irrelevant, immaterial, or unduly repetitious
evidence should be excluded. A finding shall be based upon
the kind of evidence on which reasonably prudent persons
are accustomed to rely for the conduct of their serious
affairs, and may be based upon such evidence even if it
would be inadmissible in a jury trial. Agencies shall give
effect to the rules of privilege recognized by law.
Objections to evidentiary offers may be made and shall be
noted in the record. Subject to these requirements, when a
hearing will be expedited and the interests of the parties
will not be prejudiced substantially, any part of the
evidence may be required to be submitted in verified
written form. "
(g) The record in a case shall include:
(1) All pleadings , motions, and intermediate
rulings.
(2) All evidence received or considered and all
other submissions.
(3) A statement of all matters officially
noticed.
(4) All questions and offers of proof,
objections, and rulings thereon.
(5) All proposed findings and exceptions.
(h) Oral proceedings shall be open to the public and
shall be recorded either by mechanized means or by
certified shorthand reporter. Oral proceedings or any part
thereof shall be transcribed at the request of any party
with the expense of the transcription charged to the
requesting party. The recording or stenographic notes of
oral proceedings or the transcription thereof shall be
filed with and maintained by the Commission for at least
five years from the date of decision. Notice of public
hearing shall be disseminated among local news media at
least five days prior to the date of the hearing.
(i) Findings of fact shall be based solely on the
evidence in the record and on matters officially noticed in
the record.
(j ) The person(s) conducting the hearing will make
written findings of fact and conclusions of law, will state
in writing their determination as to whether or not the
respondent discriminated against the complainant, and their
recommended disposition, including remedies provided under
Section 4(f) of this Ordinance.
(k) If the decision under Section (j ) is made by a
hearing officer, the Commission shall vote as to whether to
adopt, modify or overrule the written findings and proposed
remedies. Their decision shall be by a majority of those
present and voting. Thereupon the Commission shall issue a
ruling, either incorporating the proposed findings and
remedies as its own stating the Commission's decision,
including separate findings and remedy. Decisions shall be
sent by certified mail to the parties of record. For the
purposes of Section 17, the date of mailing shall be
considered the date of the Commission' s decision.
17A. 15(3)
"When the presiding officer makes a proposed decision,
that decision then becomes the final decision of the agency
without further proceedings unless there is an appeal to,
or review on motion of, the agency within the time provided
by rule. On appeal from or review of the proposed
decision, the agency has all the power which it would have
in initially making the final decision except as it may
limit the issues on notice to the parties or by rule. In
cases where there is an appeal from a proposed decision or
where a proposed decision is reviewed on motion of the
agency, an opportunity shall be afforded to each party to
file exceptions, present briefs and, with the consent of
the agency, present oral arguments to the agency members
who are to render the final decision. "
Sec. 20-18. JUDICIAL REVIEW.
(a) Any aggrieved party of record shall have the
right to obtain judicial review by filing a petition for
judicial review in the district court in and for Black Hawk
County in which the alleged discriminatory or unfair
practice was committed, or to the County in which any
respondent resides or transacts business.
(b) Said proceedings shall be initiated by the filing
of a petition within thirty (30) days after the Commission
has issued or refused to issue a final order. Service of
the petition shall be made pursuant to Section 17A. 19, Code
of Iowa (1983) . Thereafter, Chapter 17A, Code of Iowa
(1983) , and any amendments thereto, shall control the
proceedings for judicial review.
(c) If no proceeding to obtain judicial review is
instituted within thirty (30) days from the service of an
order of the Commission under this Section, the Commission
may obtain an order of the court for the enforcement of
such order upon the showing that respondent is subject to
the jurisdiction of the Commission and resides or transacts
business within the County in which the petition for
enforcement is brought.
(d) Appeal from the district court may be taken as in
other civil cases, regardless of the amount involved.
Sec. 20-19. ONE HUNDRED TWENTY-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 Ordinance. A
complainant after the proper filing of a complaint 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
ordinance; and
(2) The complaint has been on file with the
Commission for at least one hundred twenty (120)
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 one hundred twenty (120) 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 sub-section shall not
be issued if a finding of no probable cause has been made
on the complaint or a conciliation agreement has been
executed, or the Commission has served notice of hearing
upon the respondent pursuant to this Ordinance.
(c) An action authorized under this section is barred
unless commenced within ninety (90) days after issuance by
the Commission of a release under sub-section (b) of this
section or within one year after the filing of the
complaint, whichever occurs first. If a complainant
obtains a release from the Commission under sub-section (b)
of this section, the Commission shall be barred from
further action on that complaint.
Sec. 20-20. REPEALER.
All Ordinances in conflict herewith are hereby
repealed insofar as they do so conflict.
Sec. ' 20-21. SEVERABILITY.
If any section, provision or part of this Ordinance
shall be adjudged to be invalid or unconstitutional, this
adjudication shall not affect the validity of the Ordinance
as a whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
PASSED AND ADOPTED by the City Council this l 'J day of
1984, and approved by the Mayor this
/ - ay of s 1984.
Del Bowers, Mayor
ATTEST:
Larry P. Burger, City Clerk/Auditor
ORDINANCF No. 3369
At] ORDINANCE AlIfENDING T-Fill CODE OF ORDINANCES OF THE
CITY OF C,7ATE'.2LOO, IOWA, BY REPF,ALING CHAPTER 20,
RNi T RELATIOP'S , AND EFACTING IN LIEU T17AEREOF A NEW
CHAPTER' 20 , EIU 'AN RIGHTS COM II S S I ON.
,3F IT ORbAI E.D by the City Council of the City of ,)aterloo,
Iowa:
That Chapter 20, human Relations , is hereby repealed in its
entirety; that new Chanter 2.0, Human Rights Commission, is
hereby enacted in lieu thereof as follows :
Sec. 20-1. PURPOSES. The purposes of the City of Waterloo
in enacting this Ordinance are:
(a) To secure for all individuals within the City of
vlaterloo freedom from discrimination because of race,
color, religion, creed, sex, national oripin, age, or
mental or physical disability in connection with
employment, public accommodations , housing, credit, and
education ; and thereby to protect the personal dignity of
these individuals , to insure their full productive
capacities, to preserve the public safety, health, and
general welfare, and to promote the interests , rights and
privileges of individual citizens within the City of
5Jaterloo.
(b) To provide for the execution within the City of
Waterloo of the policies embodied in. the Iowa Civil Rights
Act of 1965 and in the Federal Civil Rights Act and to
promote cooperation between the City of Waterloo and the
State and Federal agencies enforcing those Acts.
(c) To provide, at the local level, a Commission on
Human Rights dedicated to the following: effective
enforcement of this Ordinance ; service as a source of
information to employers, laborers, businessmen, employees ,
tenants, and other citizens relative to various civil
rights legislation and regulations ; and active assistance
to prevent and elin_inate the effects of discriminatory
practices .
Sec. 20-2.. CONSTRUCTION. This Ordinance shall be
construed broadly to effectuate its purposes.
Sec. 20-3. DEFINITIONS. Unless indicated otherwise is
this Ordinance, the following will define the listed words
and phrases :
(a) "Court" means the district court in and for Black
Hawk County, Iowa, or any judge or magistrate of said court
if the court is not in session at that time.
(b) "Person" means one or more individuals ,
partnerships , associations , corporations , legal
representatives, trustees or receivers. It also includes ,
but is not limited to any owner, lender, builder, manager,
broker, salesman, afent, employee or lending institution;
and includes all political subdivisions and agencies of the
City and any Commission, Authority, Board or other
instrumentality of government.
BOOK 258 PACE 129
(c) "employment agency" weans any person undertaking
to procure employees or opportunities to work for any other
person or any person holding himself or herself to be
equipped to do so.
(d) "Labor organizatiois" rserans any organization which
exists for the ournose, in whole or in part, of collective
bargaining,, or dealing with employers concerning
grievances, terms, or conditions of employment.
(e) "}Cmployer" means the City of Waterloo or any
political subdivision, hoard, commission, department,
institution, or shcool district thereof, and every other
person employing employees within the City.
ff) "ii°r,;plgVet'" »ses.ns any Berson E`!*1ployed by an
emr)lover.
(g) "Unfair practice" or "dir.criminatery Practice"
means those practices specified as unfair or discriminatory
in this Ordinance.
(h) "Connission" means the Waterloo &{uman nights
Comm, ission created by this Ordinance.
(i) "Public accommodation" re:ans each and every
place, establishment, or facility of whatever kind, nature,
or class that caters or offers services, facilities , or
=.00ds to the general public for a fee or charge, provided
that any place, establishment, or facility that caters or
offers services, facilities, or -odds to the general public
pratuitousiy shall he deemed a Public accomn.modation if the
accommodation receives any substantial governmental support
or subsidy. Fuhlic acconmodcation shall not Me€?n any bona
fide private club or other place, estaablishme+ne, or
facility which is by its mature distinctly private, except
when such distinctly private place, establishnen.t, or
facility caters or offers services, facilities, or Foods to
the penearal public ior fee or charge or Pratuitounly, it
shall be deemed a public accon.-inodation r!s)rinp such
"Public accommodation" also includes each state .and
local povernnent unit or tax-supported district of .batever
rind, ,nature, or class that offers services, facilities,
benefits , grant or 3oods to the public, �ratuituously or
otherwise. This paragraph shall not he construed( l-,y
nPj�at;ve irinifeation or otherv•ise to restrict arV part cr
portion of the pre,-existing definition of thr- t€=rrl "public
accolpmodation" .
( i ) "I)is,01ilit*j" means the -Nhysicil or rental
condition of a person .bleb constitutes a soubstantial
handicap. In reference to employr*ent, under t�iis ore.inance
"disability" aluo means the nhvsical or mental condition of
a person lf"Ach constitutes a nubstaar.tissl xar, #ic;n, , 1°ut it
unrelated to :such person 's al4lity to en gape in a
particulr,r occu"ation.
Ck) "))irector" shall nein the nprson selectefi.
pursuant to Civil Service- Pulps art? ref-=-lilations ,
recon-Tren<dee )hy the :lumen Xf5+ts C'oMni4sion, c"Fnnointed bV
the f=avor, suhIpct to anProval by the City Council, who
shall leave such duties , pcn,7ers and auther.ity ai; tr3at.y he
conferred supon leer/him t=y the4�4lnjeet to the
provisior;s o* t_ois tir"indree.
(1) "Retaliation" means any oct directed at a
complainant or other person c.7ith the intent of aaffectinp
that person unfavorabl^ t^ecause of his or her formal or
informal effects to secure or aid in securing compliance
with this Ordinance. r
BOOK. 258 PAGE 130
"Complainant" meant that person filinp, a
complaint With the Commission.
(n) "kespondent" -eans that person no.ainst whom a
cormlaint has h:een filed li,7ith the CoTnTlisFin".
(o) "Meferrvvl" :i1eans the vrocess lsOiereby the Iowa
Civi I ;'i ;7+.tq -)riiesion notifies the local Com,�-Assion that
Cc,, e
cc),^.)laint t:as; been filed T�71t4 the StNte- CoriTis8ion and
that: the State is postpo-nins-,., its irvestinativR activities
for a Period of sixty (60) -lays while vIr local Gornoinsion
investirAteg anA Attempts to resolve the matter.
,ontract" neenns ZIT)Ir at7reement tihich. Is mdarded,
let, procnred, or entered it,to with, or on behalf of, the
Citv or anv a�--ardir.w aut`^oritv t'Nolrpof.
(q) ' Contracting authority" meann env City
departtlient, acency, comrission aLithoritv,
.1oard or nerson,
or' an-,, authorized erimloyee, officer or director of any of
the t-orc ,oinfj , includtnp any purchasin5, a✓cant of the City
v,ho 7"ial.1-es or enters into inv contract aareeriient for the
provision of anv goods or services of ary kind or nature
whatsoever for alld on i•ohalff of the City.
(r) "Affirmative action" means a plan whereby a set
of specific, result-oriented nrocedures are established and
to which a "person" -makes P conmiti,,ient to arinly every stood
lath effort. The objective of those procedures is to
ensure efival opportunity in public Prid private employment,
housin.1, public acco!,imodatior), credit trar19;,q,ctions Qn(i City
contracts.
(s) "Bona fide occupational qu8lification (BFOQ)"
nearis discrimination on a prohibited basis is lauTful only
if it results fror a "bona fide occunational qualification"
essential to the normal operation of the eirployer 's
business or. enterprise. The "BF00" exception will be
interpreted narrowly and the burden or
proving that a
prohibited basis is a "BF00" rests upon the party seeking
to rely upon the exception. Custor!er or evnToyer
,)reference or historical usere, tradition, or custor, or
stereotyped characterizations will not merit the
excen, tion.
See. 20-4. COMMISSION ON 3UP[AN RIGrilS.
(a) There is hereby established in the city
government of tile City of Vrzterloo a Commission to be known
as the Commission on 11.unan Piphits, w1hich Commission shall
consist of ten (10) imerbers broadly representative of- tle
comr.linity. Hevt.bers of said Commission shall. be appointed
by tine Ntaycir of the City of Wfuterloo and confirmed 1,v the
City Council of the City of 1aterloo, Io-,,Ta.
(b) Of the ten (10) Tier.,bers first appointed, three
(3) shall be appointed for one year. four (4) shall lie
appointed For two years and three (3) shall be avnointeO
for three years ; thereafter all appointments shail be for
three years. The Conrission shall elect a chair and vice
chair frog: the reTribers of they Cormission. Any six (6)
members striall constitite a ouoru", except when membership
on the Connission f—ails beLov, ten a ouciruil, shill be the
majority of those serving. All members of the Commission
shall serve without compensation, but shall be reii-,bursed,
for necessary travel ancl other ey.pences , out of the funds
appropriated for the Commission.
bou 258 PAGE 13'L
(c) The =Mlayor, subject to approval b-f the City
(;ouncii, ta�:all ap .oidjat ets' €*xocutive director who shall not
be a rte-cher of the r;f3tlrAnE.Ion. The executive €iiroctor and
the co",j issird„r �)t jf f-e con.Persated in $+i.ich arounts
as taav tarp iix.0 Ey th4F City CfxL"Wil. Mclitional personnel
E?€a'j 1,e hire4it,,3 {ic*t?# #i' of Cn+3':Airo to S �rry out the
Mar s e of t►i i s c,rtiir.ance cone?it t ant vith the Q€anTls
.rarits which
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t('ie yoliowyn ^ t;owern ;4n{: {l1tlf`.s
Ot t7-MCIr!rA O 'lot. it.' %; tha r
o'ne,' T)vr -.ont`l ac a ti-e <30r' -i-,lace to Ire .3 t.F"rft rietf;; �v the
the ol a 'iir(�C,tor n-nd Cuch
lc �(*C_
LC_5'.r;l tint{'.n Es•",i^i l..i .;{'t,:"'4 '.3f'4'- :3 e: ,}'z:/ vE?:" t['F� 4.�)� '(i i"`�.{?"'%t'T^.t" o this
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C"e r+f:it ()f cot-plairts tl ler))"14, or F;i acri*inatory
ȣfact ic-s.
(t ) '_o investi;�,. to and aru(fy t.tie vyistt nc e,
cticiraeter, caafxsses TA7 extent of it rut'lic
oiD-L?}lsy }lo'” trazininr �pDyr4` rrans,t ..oc�tyincnpl. vGt/�xc�t31 ,�[� *x: ^ lgic![s
M1ii credit, real estate, ,"�.iL�T,fl.neiiq. .l t!. aY�C6cti\us. and ,ouviny
in this City anO to attempt thc� el.i-f-inatiop of such
isCri ir+attitD + ;av ettuc�> ic+tt }ltf# eonei,l i;i ion.
(e) to t",ubpo#?na hooks, !:Aperti, rec_orJs, and aany other
real eviai N_nce iiec ssary to tHo irtvegtigntion of any
complaint iie�i pursuant to 0iiA i rdiTIRTDcw.
(l.) 'Late executive director, or desipreae,
isstte 1$tZi:•tioenas.
(2) seiorey ca su#)t?Caena is to deterring
whether the aponcy tss)ould .Institute A contoAted
Cabe! PrCi+vedittsv, trse t,ot�aitseaion st€Uf sh=ill t"ker
a renitent in writtpn form to the pe;rion halving
+305<essiot: cf the requested raterial or real
evidence". The *.fritter, roiuest xhnll ne h) rri
delivered by at , rbor or' the ioloiniaraion sta.,H' or
Ssrnt by certir'iwd riail, return recei-ai: requested.
Aery a aerttOTT falls to nrovif?e roque'grc
i T € rrsticln t , tU�nnena !-�aay i,1,. iet@110d. 'k -Sui,noena
n sir he insue d not lfsw thin oft« Oa=r aftor tl)e
writton request triad- been delivered, to then 7orsttn
wtavfn7 ?ioxsesnion of the renuented �eiterisils .
t i' poen 9 i' IFi 4 T t
.`7 t...k,. ivq rzav se i_.: uvO wtthoiic prior orRI or
ga
written Yf en r�"fwt.ikesta � � 4 ^� *40r ick' of s"a' T�e�,:eir-,a i kibl.i c
�tpar
ny has
icen issued.
(3) �ver`j x%0- +o.na stAall statt= the tie mti Cat the
aOvnissio^, 0'te 13,urp one .z4or which the nithooertaa is
iasUe 6, AMI the n rle• alfa efieress of th+t> party on
(is) The sub,rnenA shitli be otrectPo to a specific
Dorson, or tit€sir attorney, or ar+ vl fiver,
paartater, or fail it•ini- :ar,..isnt of any person who is
not a natural person. :the" sttbpoena shall cont.and
that person to Ti.roJuce desirrnatod books, n&pers,
or other real ertide'nce t:rider his or her control
at a specifiesf titre and place. Where a Public
hearing has toon scho-Tide d, the subpoena may
cor+.nand the person to wtton it is directed to
attend and Rive testimony.
BOOK 258 PAcr, 132
(5) TttE- suhpoer►a stall he served either f`y
Personal service or by an ofi"'ieial authorized by
late to serve subpoerias or by any member of the
Cosamissicn staff ty delivery of a cosy thereof to
the person marded therein.
(t) tk"h#zre aervi.ee In accon-plished tsy personal
service, proof of service will tle acknowledgement
of rpeei<,r '^v the:, person served or 13v the
;:'# i(javit r1i rher;e.ra.cii acruir.! tt o t;t.t)t>oena.
(7) 'U;-,on 7rC1r-F>t, oe rition Fait tno r,erdst)1j. f-,.� whou1
tr, 4t515A.t}xt i+tn! itE c'--dressed, tA4, e-xtect)t1Vi+ Mroctor
or rhe sipncat- ray itjash or notiif'y Fsiit'tsoalna where
it is (fefrlcanstrsted by tl-.e ",titiarer &at
re.-sona.hle c;4tisp exists rr: "'wish SIa,, :atibr)OPno.
UT) =Owr,t a party `.eailt° to re ptnd to a
sit-,poono , tle r xPee;tive !tre°rtor c;r dvsi-''ret may
af,thori xe. tr.:e *AAJ-}> of. a petition for
er.foreer,pnt with tryt- rii.4:trict co,)rt.
0) asi'seq+3enf: to notifiest:i€ n to a rpcprn(-Aent
of the en,rrovral of a hexsrint° •most tate tterits of
ct4.,rqiiatr,t , ler,al. cvransel. ntafi and rearpondent
,44.p e-nplov 'rA-n.: aririo discovery :'r'3 t.t'e•w set
fortis in UIC love Adminiitrative f rnc4 cdure Act,
in addition to cra3 intearvieva an.-'. informal
req,veits for anti other materirals And
infarT; ation.
( ;} To hold f"earings upon any aoiiiplaint rade a,painst
a person, An e%inloyer. an or• r.loypi nt al<#enc�r, or a labor
orpanizsation, or t#,p er; +l�lyce?It or meat=ers thereoff ,, to
Witnesses and CO-finel -1-1 it ST.&'
nearings, to F3dminiater Oathfi .'til(? tAkP tlli� t:E'9ti:^QWq U -rny
nerson under oath, and to cor., P1 such, T)ersons, er-)taloyer,
e' 'a tl.ETY 4? 1t ti ti`Ytt•Y, le`v3or ortYar.iaation, Cir er-Dlayees, or
;;3C°rberaa t'%erpof to orocuce for t?kAriinaat=ion tiny hal!?ks an(,
par ers relazti.n<. to any iftatter involves' in si.tch cep 1t+lairr.
C Q cwoli4r xsion shall issue •tac,t)poens'; for thr
same r-:er:rter Firs- for thf sAyne purposes on f'exf salt or the
retiraonr3ent turn f-J!'.' rtLL�;t4fk t. '.'i71(,:3t 1"Iearinll- tTav f'oA el..S by
the t:ti^,"t" l,s3i,?rt or r y dlitr �7e'f+T} Tit? 47'S 1!°c?r exr!rt(3i >t £ fi rr r}•
Corrinsion,
(" 4tj L'O—.€} mics nf-ces.d3vary r'E=ne,!ial ;.4rLtunr iv-, tf' t4?(:�
jiitiw;}'r.fit, f:-f the V"or14 iasion, to Garry out the n"rrtitlae8 of
tRis Ordinance . -'tar purposes of t4A6 'ti3iSECti^r 'i,c
Durr+tarr to
actio-" inel"vIt%s F. ut i.ii !tint IA':Ate'i Cn ttl'-
( 1
`` $ p s
) :'jri.rt�• r«�t:''!$t.e}t4`',.•�F':1t {'t j. a." FX':t;'L`,"}�' •
� ) Ari-idsn11:ti t.t restoration of
iJ Lt7t•r:x p°., A;"t st.-�:.ai-4"`72.C`T? to ;3. 't•t,a•.ift- :i CSC U17f'.`C➢'a.:,!,.l E',5 a
rental , or
� L•?1}.e=<t k?4"- f}i rt:�n:l i:.rt3;'t E":t,"'t:`t TY{,• ':i:i 1r1^:+ LV1.'itt3�..
to the ccTrnt,-Air.-g!.+t all
i S, i ; " i.rtt rkt not
2 i;;`itF i !_t) 3CtlSknl C:1'%'-ypee , i`!nl1rr erpit, ,?rr;
at.t ornc-,r `'t?e's (it"A tht-1 ids 'q;1
ano
"i7;:'.i l :t �ri1�t aid t_'..? ">C'r1^T,3.r'✓s• 7
( � " p'portivi. as to tri{.: r;`;,`$alrlr*1' CASA C_'t'27^i'%lianep.
BOOK 258 PAGE 133
(6) Postinm notices in Conspicuous places in the
resimndent `s Mace of busineso in fearn prescribed
by the commission And inclusion of notices in
A vertisinr material.
(7) In addition to the remedies provicieci in the
nrecedinpa provisions of this sijr ,section* the
O ;�..^�:' :'7:"t ' -3-�.t: 3��'.1+? Ri t'a t1Tk':' rr?uiri S the
to cogst, :?}.vcl ^'esist: fr()r;
)riscriti,irtat,nry or tii fair tract:ice and to take
a.cti.ori as in t?;r- ��r<�txri -t o� the
i %l.-trAxastoo 'AAI ^arry cit.,t; 0-,e Ai this
r.'. 4CiC3!"1 .3E ft}tlows
F.
In t-v casib! vT h resporokent cpesratinrz by
uirtzle of a licersp i s nc 0 ^iv tta+:- ittate or at
Political s>a`E=Fivision or a �€ rlcy. iF the
C,o,:;:;,[.siol" C.',''or rotico to tt;f, ro"; rt)C)t"en' t
-it-, to 4�te13,
tl,r.t t"'e rvnrrr#c;Ont t a^, s:n +' ' in
iiscrl!=Anatory or t,nfair practtre ani that
l>wrraaPfr7dedl, perf'or^Eye: or 1e.rowi'nply or
rgrr:tEkt irc tc+ erlt(-3 t-zy tit+' ? aaarc' Of
directors of t:he resrsorl with or 1;s, an officer
or executive: al-ent actirr�4 within the scop
of ;As or PI.--r employment, tshe Corm- Assign
Wiarll so cirti `,r to the liccnsiras, a ency.
where trio licensim aRer«i- r or
wart of its cternoritW' c'ro} ., this City, it
Oiall !,,p bounO by the C:om isesion fineirw,
,t<nitass it is re-vorseA in f-tIe> enaertte° of
udicial. romriew. In the cpse of a110-1 a
"iniCiV'Ial IIc(4s•iSir`#' ;t 4+I ICY, 'a%3"i#t3rC ?UCh A
cort:ification has ttee*n r .tc'c , r",Ie liner,sO-r
,m,&emcv nxy initiate iiconscer rlii?cinlinary
?�. In tnr4 cpse cit' a respon1w)t whn im found
by tt,.e t ommisgion t.o hi,4ve en,7fAps4 in a
11scri-Anat.orY or un air practiCe iTI tL#+=
COU'rRe 07F Derlormf.nt udder it contract or
a;ar eesrstr Ct .grit%) tit? Us to or political
subc=ivision or i,-rincv, il� tt-,e =oreeticc, was
alit"
lt%r1.?E'C", YE:€;1,t4'£'+tt^'.{f , CU"'z', tslRt}E'i i E!Y'. (}s•"'{a^�
or or rE'E.'e"1.essl:v '• t e.
N,.a i of c±irectors of the re,,pondent or by
rvs o 1cc-r or execut#vc, ,ir.
i�?'a.t.rrt 4"r.iiir' ti.i'E�';C;v". .:. r'.fxpk' rw}� nS�tx t..C �3 rt..•l.ty rr
t.
c •:.�-cri,:ir,�;ri.^�'> i:? r i;;C �,•s t':<�r.
co-,it r.^t t irA ,'. amtS ',ority.
i4)S2t �.. f.
i actice 15 Z 'di£•r #tsti IT" r'he COU t,^ `)t
C + r•=(�i# pt�L'{?� .li�a�` .:: C't pt i` rC:it tf`"' 3.r�!`'
lJ rs't§,T ti As sE,?,,.,sp, crion, a coE tr. ct.in7
f t'`i C;+ri 'V ",;rr•V :r:f' 4'}?`xX 65S?I"f�^Ypa €;F;r..ion to
teri-i!late~' r :.:U•t1tr.TCf or -'orbit t rt,,�+-('i')L.
�:�r:4:\l 1.[)i-}ey*�,�y+ f;?7'!t•.'_rE�'f' 1t1;:t) ":?1tc1 t-';E• rt yr]f`F;';i�+P'lt,
or F:i.gr�l.tlta.;f or on c., n' o- * C`•'f'
L+`L''ti:•tln,..'}ert cerry c.ot F
.>W, orovteir'mq n� this Or'it'}tsrlrP ; zilTt!
.stsist t sa 'stats j�=,a s Ali :7O Kie l
7'ui,l'iivlriL)-p .31`o 1-enctes i. + r#tc'"„ to refrain
into ?"..'.1`v—,e l C'_L=7nt2'actas
BOOK 258 PAGE 134
(8) the election of an Af-firmative order under
Paragraph Seven (7) of this gwi-gection shad not
?'aar the election of affirmative rermeies provided
in Para,�raaphs Pne through Six (1-(1) of dries
auto-section. The ternaa of e conciliation
.'Yr•frs<a�r L reaaCbed with the respondent may require
him or her to refrain in the f=uture from
commIttinp, discrizy€nntcrr,v or wifair practices of
t11F t1%3 " CaCt'r?, lr: # `e a?<,ppya.:ftstt., to take
remedial action as in the jesc',}» c,,.t fps: tete
Io-!riis+aifaa will C�Rrry out the rurnc»esc of alis
'.jrdir ance cant.` tC' COUt f�ZIL to the c'.Ttry in an
as^,r rooritatee oifatrict court of .3 consent decree
-Aocaying t le ter%^:a of the coriciliaation
,'Rrewnert. Violation Of such a crinment decree
m av �w '` miu"t� d as ContCyOnt t v vie court ijpon
°i#I4>k=ir?p
ily me G011"Assiori of the viulAtion at any
time within six ronths of itc. occurrence. In all
cases vyllerk+ i conciliation =rr.rt��trf<r,r_ is entered
into , 0�,e 11'or rTM iasivn a:,ell is nut, e% order stating
i tis C� Iirt and f,irnis') � c_t iy o rr,,;, c,r; ab r. to the
Cis'':; air e=aft, the r .,pordent, and skic.'i ether
persons ;as the (;om i scion proper. At Any
in its discretion, the Co„�,irsion riaav
i^4'+L'st tk'at£? 6,}.{>ttl@ r tie terns of the ayroer'C'_nt
are being cof:, ;lied wi.tli by the r€psionsient.
(h) To seek a-a ter porF ry ire' junction ion &,a ain s t
respondent : ntn it anti -Fars that Arr,}..,iaait�acr;c >Gtv SUET"Pr
irrerami,le irjury am � result of an aa31z} az' vioII tion of
tt'is 0rc3€nanc e. In the event sa3i(? is tile,
reelpient of, or cnfimv d it ;ony proprar3 or. activity t.i�rouf:h
s'rranrs, loans, contracts or inauraanf`.F° ironi arty a'e4era;il or
ap
.' F_c"..tt a`,zf`C'.Cv, t`ie [;oI`i;'=is£ iGn sfs.#9l l st`t"k to €'JTjflt.C# tS.'s!iK=
'Fecier<a.`t r)r •itate A)a Tracy, on a tennorarw tams¢, rt> I ftrrthcr
erw:a€wmen.t w€tib said' rrsponf.$ent. .
A te-)rrorr;ry iujurction t et°r* only he sov�+at tr ", rte, ii` the.
Coen ilaaint iiied with the Cormnission clic Res discrimination
in ikoitslrz . In all other caner a ter•r�orary in-lunctitaai riaay
be i.sn"ed only after the rar�spoeadf.;.:r>t hashet:tj nf*tifief'j asnk4
aai*tirried the onnortuni tv to be heard.
(i) O i!sOtic ructi r ubl ication s and reports of
inventi4tetlong an=' rei evrch as ira tlt* �?I;is'-=;:xr-1 al t�;e
t C)ir:i'7.RstSap 1'' w�':AU t€:r'.fl to 3ro�t,or4's ttye Various
racial, reitrious , #`tC"nicf ar'+z t-.W-'er 1`3"our')F} wit;0t' thin }.;ity
and which shall tend, to ninirnize or eltrninpre
f'iscrtr`Irip.tior% in *`L71~11C *rCC.Cs ��f�� Yih3iti, , k}'.a•1.:�4'€"k`r?f �
Schovle., 't.-Ous inn, or cr;,�;tiit ' e em—iso of Coln' ,
$fix, "= t'. tf tZ ail c>rl"'.3 n, rt:ie s`if%7#' i"t i:3;;i ' Itv or, aszv .
r'ino tranti :2t: to $�i�t' '>:.?�'l"s[' ;3iir..? tr`: t.S^,L':
C Y.t1 i,+ri 1-11CiI r ,:_ tt.=•• cik>, i-a L: "'t_i t: iw:si FS:t ik.°" r ;;Y7
(5`e(, ep-ci) yt^FYI•, rieiJYrLf
i +9ci it k';4: I"frit?t rt'ti
is
, nl tt}p c7ttk?1' =+t is i»I"t2 f F: i':Y tf'+�•
l:vv "or '''A:.f',�` :rrr_'��r la>`' Y.:?lt+tlf:t�+ tifi ,tv +-:t,; t`wom, qry
t
r'E"e'4i #3tiF?i"i: �.C:; il,.fslsE"�':tt `:..,tltti t•_f?i�' ate-s^.:..'>ea.ary %:3i L¢i4-
t"In d.+roiTleit"'cc. -
!BOOK 258 PAGE 135
(1) to c:c orerste, within the limits of any
appropriations maeo dor its o ?eration, with other 8a±'•,encies
or organizations, 'hoth mAllic anc{ privete, whosp purposes
are consistent with those of this 0rdinnnce, and in the
Planninz and conductinp. of prca ?rsr*s i'erit~ned to eliminate
ditacriviin ation bassed on race, color, rel.i^ion, cr<�ed,
national origin, sex, disability or mpe,
(m) i't) receive, a-4 -ir;i.r.ter, r:i'a :cm 1,at ane ejccoutlt for
ary iAno's t^z�t rtay !?f; Voii3ntnrtl4 c:ontrVutc< to the
C o:tll.%issio n ;raod :i"1:' Pr ant';' t.be
aor :itrt`eri-,r ' thle .'E!ti".`'oivg of ne t"Winance
(n) To crater into contracttc with Federal and ;estate
1,"Ich ,;om r; :'arc : >r t;;ep purposes of
r i:y r'? c( .
t. rr•ira�?r; g
-;ou s t.ta C.+t.a=Y t';a' Fje,%p ;tir1 B+9 of
"aia '.)rf l lant•y> ar,! seel. 1ror
.(.'n't'.S i;it't C o,l:niP3:lj.wn tit?'us in, and iliv los, 7 ! r
'lig' • PArt! I.4waa. Ci'v'il. YYJS)1tY f,C 'i.S�a ir,1T), t ?P ciC.?�i.'r'It�.0 if?f< asC`t
.`le C£:rrPI ?x� �.1c+:, v7llict+ W-,x`tjT liave l53pAl `?roc e ience in all.
care.q it' it€s 1+srt6t11ctlo:), Kx <ant <Ie`r tC: Cth.i is c d#kXC'4+ ♦
or c.li f, re t4 coir;plain,-v.t r ejii r,t5i in writter, `or" that tore
r3eiGerrial. aoercv not br`' not-ii: it?,'%
(i') To rake, si t?, anct file h ver0jed written ch.iil,Fe
of a1iscriminatory practice tv tail. `rfj?!�#`.S�,faAi.t?T3, �: ya :i{::F=i' nr
t"r° esi ; gltn[,, t!'(-' C1tv �1tCt?' ;c Y , or tk" et;4,'i `.>GEate Citi ?.
I ALiy. 5.•
(aa) In accordai-ico with Ct}s .ter ;?r.A. of the t oAe
Tana, all meetings of the t;cvalisanin#+ Al-'all t}e rubiic
Ik3eetinps
"Eav '101;1 id t,ie3eekl Session r>y
af'i'irm,irive vote of two-t!-iiri�s ('/"4) of its
U_ r9>Rpnt , C'ic• votes {ate GtA ; ; Otioll heincr
recur:iec i:i tte yo as r?t rs ,ZftVts, a, t"
necN::3sa r:- to -.,ri'*vent; irr!°F11air,?;,1r' JT;;i
limiry to the 2'f?ntitwiition of jkn it di>ir'irsii.:4a slit,4]—
am', clused -tersLon if,
r
int'(1vt dal ; and
,'i ';siott on kor
c`..,, et.`c`" t:'e;'is'+l� ilt'it Vlise.ri` ;inatior
nY te' ;s'sYt C'i � �>ds;{t; Irtic= ;L' i : ;?fi .ti'
on ittt r ri4A. 1 F.,,.
'i,•�4i IL hr, ,-.:.7i• . 1e^
,
o
A01 ;~e-1''X' of!
tt ti . £iC- FBTt
r 4,r.e�r..°V /`f'".t N' 2.`.s'r' t•. Li!1J'f_'Ja I. . r54 L(�."1 {`?' ,'{," 4it i'3:qty F?
its
etc i.�•..t�. tt°='
or di:^t:rict
t^i:1?1te�:; .'..t ' tT.#")t 'i ti:tjp,� ,')r� �;.P�it_' -, 1t; Closedun ar�r the �rovi.sionis al, r: is <:sr iinancti shall be
clomed recor,:6.
BOOK 258 PACE136
W No rlember of the Commission or its staff shall
disclose ttae filing of a complaint, the inforrativn
Rathered dvtriiiw tho i tvfmtivat- iors, or the PiWeavowrs to
eliminate guct� £li >c•rl inAtciry !:r -wllfair practice by
conference, conciliation, or T`C't'Suasion, eirtless such
discii?qur is 'r;,":'-;.- is) C67':fnox.t:.iov tn'• 'Lt" the f"wndtic:t of An
1t3V£"","` tf ;;% yC.1.on, or t?
TfIt's aection 8,1131 ) not to:
Any enrlover %-+,o regularly cmqlovs I#sa than
rour iniuv( duals . :=air the ovirposer of this
wlt"-Soctiov, individualp who artz ne,,ilhers of the
P'- %i,?r Iq f;b;411 not by colinted its
emnlover
of i-ris I'a!!,uv rer4i,io -&-,ertAn ihiring
guch
I
of- to ronder
!lersvnal, aervict, to rliic perrori of tl�te employer or
v.". horq of
Pc re I l-, i ol,s; i r i i r.,i t.I on, or I t m
4?c I uc�I imam f m c i I i?-.-"'* 0 A�4 0 C i tion, coenc-mation or
socb�*ry wit!-i r(4�r>ect to ai,-v cotfl-ificatio-Ir, `or
siich
qugli,"Acatinns ore rolnteri to a I-,onn fide
r:,)AYic-u.g e, rull-�iciui -!u,-,IIification for
in-ltvicriciml Personn�,A, or iv-h-inintretivo
o f"ic-4-r, iprvinlirl a sui)erviscry c.,4nuettv of a
~iota
inutirution, Wiall '-e T-rc-soriud to ma-c-
Cie
occl-'rAtionAl
- j.j
(`r) I YVi ; section oholl not I�rohi`ait
divcrtT-!inAriop on tile ha sis of Rfe If 01,- person
i,wvirct- to the d'iscri- i.p.otirr it i.,w,ler tine eait, of
ei-4:r1tven years, unless, trat t?rruon is conpic'crv-d
fi7v law to or. adult.
0-) 'in is SO-Tetion ".all noc oprily to 8�-'e
tlierri(i,i-iaticn in A ")orw fidt,
ft 0 V l C TI t vru�xrxT, it the is ov(Ar
oi
vc� vozzrs' A,, e
M "'t Pr P, harl, ircwi,`c-f irwivi`'-oal ig
-,.ne o?m. i.over shnll '"lilt fle rcruirr, unrlf-r the
,rtinancv. *f-.1 nros-o( i-- or
C.' or occur,-ntte!" I;-S I
orior to suc�l trins:i er, suci-, lnawiicappe] nerson
by, trmi-ntnp- or Pxpprivnci? it For tvlich
C01 I "er f
LL f+}"•:aid. !e Z-n *Jr 'ir ",)r in"itory lk-;4cr Ice
ic cr Ary or
rn ov c uC7,r 0
T.c) ri-tusk, or rc, -1crso- of
color, kke,, .
or ;4-T!
"acilicier"
ar'llinar. Any
tne
fac illtic,&. st-,rvires , or nrivIllove.q .
BOOK 258 pAcr l-'S
L j
directl.4 car bulirectly advertise cr im
apt vtl-.ar iri'il-atv or nvblicize ttiat 0iv
irFatrt.rs ft t4 �?1' rverson.i oT ;mv oarticular rACe,
ro-kor, l4e-,t, 'lilt it:)nal
arivin, relivion or
t its 11?1`V1 ("0?';f?, C!"10Ct io !),I'- I f' Vot
ir1!,tit1,r1.w, with
rc,s!"t.ct to iqc,iticrf; t'-,o i-.stJt1,!ti0m ray
i:
ic.ar i -.r€- r '1ro ;.4
r C�r t r s i
irg-lvi ,.At, ot Ipp(, r"lan si-- rte-?r.s a
rt & ncrnpAnt or
Or fa"J IV reside
o,
1, L T
o r -r r i -i ci t u r,,!c 1-c-"T
0r "or wtn owner. c3L. rlioits t0 housin)?
ri:�Iz_) OrO;-CrtV . �AVI Ur inclulding
A,
;�ut TioL !1 -1 t Z., lereor.s I i cr-,nset: f.� rt:il cs t-tc bcr1 era
t. r s, iii c t i(;-,c C.,r s, '.s,OntS or
nttcrnsz,s' or ?,1'r!r.Ant,,ent , or any
I
Tiert-orl mccimwus
, � dcr co ,L tirdt-r, Jco�l or trust, or will :
tit) To rvfwke tn Aell, rcrt , le~ , assivn-, or
SLS ,le anv r(itl ('frorertv f)r int usifw accomr,"o-lation nr
Part , "firtio-, or into-rent tt`ern-iv, to -wy ;>crywil hi>cl;s.ii3e of
r4ce, col'or, ser, rational orif--in,
dir,,ik ilttv or ii,,o of su&r , pornor�,
ro Ayajnst qwi persor, h.ec-auqe of", his
cr-lor, cru* ,', Sex, reliPJoyl. m-tional 0-ipill,
x!is,qijULV or 1,:Q if, bno re'l s . conditioli,4 cir r-lvileIpq of
tfie Aco rklici L , le".1se vr o" aniv real
o rov e r t Y or or arAi part, portion or,
rt tzros t in.
(c) !o Mrt-ctlli Or in(lirtmetly adverti.s(,, or in rtry
ot,iier �''armer ii-Wicatc cr L,,ublicize t-at the purchise,
rental, as-11.o.w-lent, or cif anv reel pruT)crty
Or 1housifl--- or io,{v p-4rt , -ortion or intorest
ti-:croit] , Iv, ;'orooy-i of nifrticut,'Lr ro-ct-,, color, creedo
st- x., r( 13;: rmrior�A 0 c7ipa"Gility or 1.S
acco),,,t42,01v or flf"r P"Ai-ittd.
(jr -ii:&,,Z =tar
f" Y
,1- .rolt-rtv c.r -r
oorti(,,t cr 1);tr-r(-st r.)4' t1w rf!al nronertv or
Ar- pro&-*�ctivc, It,,stzef; o,
�.. ruperry cr 1wcom.tst, of the
r r v-i 0 el. My r:t; 4x t v, -4 i or
A.
-aticon?] ori�-in c- i-,fiv "'rrr- tii, to tlro 1-yv
pr.("Svrlt ir1 c.roo t1, or or
Or owner as
iv6-F; or i r sirti tar
t
0is 'focrlo- wiall not apply
to,
Anv oo-i '4 `i-llv rclivjolleb irstictition vit)i
ri-spect to mnv oua1j-f--jcptj()nr% it rz-4y jj,Lq),Me 1>4sed
CTi relirion, lx!,ert sack qualificationF are related
to a -,ror-a :lido rolipicus purposL-.
58 PAGE 139
BOOK 4 j
(2) 'fie rental or le sin? of 4 hoizoint,
Acconno(fat tort in is t�vildinv which cortairls
hougin7 accommodations ''or not imre thim twn
of each ot-11or, if
t1.1v cymc-r or Nenbvrs of hie f;vAly roeide in on
of S"!Ch ht)ulinp
(3 'Ihe rontal or learoim.- of legs SiX rooms
t';ithin a o0vitim) A-v the
or vyimr of 0110 4,tC(-on--7-0dA t ion.
if he or v.4� 'his fxrnilv r( siJe herein.
(4) F,aseli on nex on thr, reiltal or
0!' ll(>ulinp
c o r r�c)r a t i(inzo .
rejita'L or Lea.qin7 o -i 4wiiglnr-
hoth
co—,T,on ��stbro(-7-, 1-P;C111tv on
of tho
PRAMMS . It S0,111 tip, an
.trfvir or (1 7rF-Tnatnry
(a) Croditor to refs-me tv enter into a consumer
credit traniaerioii or ir-!1Oqc' firinnce 6,harevs or other terms
itiof, -jus L.or c( .id' s nore oneri, . arthosip resyitlarlv extendr-,, by
triat crefjitor to conw3ners ofilr- ilrir cco-o.ofc n
!)ccause & af.e, color. ere#,-O, nAtional orittin, rAce.,
reli-vAon, inarical. nt-i.tvsp
, se-x, or 1 vsical OisatAlity.
(n) �"ersor auttiorize,! or Tici-,psoc'.. to, Pio ',itlsineas in
,0 , 514' `);?F, or 53'S&'
t",is s tattt ni it sft t-an t to ch a p t v i- 1,'.4 F 5
Code of Town (1963) o to refuse tv .loan or exttine. cr,.,nit or
to ivpose tevFs or corWitions oxyrn one-rows than thorm
to uiarlly extemwe, to -persors o.-, .9irALAr econo!',-Ac
b4ckproundm of alre, color, creedf, natlon;tl nri�in,
race, relivicr. statt,N , 8Fx cr
�-iqakjiiity.
(c) to ri'-tuse to creOit 1ife or hoellth
and accioi�uit ivj�;urancv �,ecauap nf color, cvcoo, n4itioukiii
orirtin, race, reli£-ion, i--4rital ntntu.s , -,hv'rlcal
or 'nt"r. i,v Fs crpfAt,:r tt`, cr(—,it
Pitt? crii ;�!
-t-A exclt' nt illsllr;�nce w-ofl r`,?v or
rhyr-ic.al clis,-ii!ility of Oie censtm-er nhall llot �'e k- ri m1fair
fir cJi8criiliinatorx )ractict- if iu& rieninl J.,i foleiv
SJ jon 6wri noL
hyWrie of lose SWA) . Ow
ProvikWona A rhis; moctim shrall not ct-Il'ZLrtie o
'"umim U-N.A.Mar, or mmytoviet, to 'Sr rc-Strict ant?
other mrovisims of this cooRmur,
New 2W.H. A Ull'V W 1010,11, n. it 10,01 Q� ao or
wv -jeracm to 1. 3trentionz-11,; aW, rim CgTvel, or
courcit, knotlotw-r r.- c n t(- tollpm i r: o
't, o
to- Lb
An-v jaxmil wo w,urisc onot'-wr imrson
in only A Vw 3AAF; rrot','Crf-'! =11ONf- ion Oln
thv �,,Asis of div, race, crend , colm-, slix , witivist! urivin
relixim or .':V mig Orounaryto wommus; Amm
1101-Pcol has 0031211Y ourt"w? aw, mwerick! Orbidden under
'Chis Own; LY1, Provisims A Vvirl or
M
I& a or
ban ir' any
proc,cedin,;t undor till.s
&Fency, or their p,-mployeea, servants or averit's nay oflfer
e-muloynent or advprtii,- eor t?,ioloy,-^#Aut to Only the
disabled so 1011F as nther. evYv1iCA1)tn have availables to then
�958 PAGE140
oth ox employment comp4tible witli their anility -oiicli would
not he AvililAl)le to t1w flInAbled becauge of their "Andicap.
Any nlich e:,Dlovoent or ofFor of riot
ei!qrrir"imtte the dili7l-It-0 ol4 t1w Iasis of race,
Cri I Or, erf4f, ;t,x or "at t,)r,;j 1 r I o ill.
tic
e)r ror e r'u c a f i it r r t I t 11 r i Cut t C, ry i n(I r 11 It t e on
tht WNW V twx W my swarw or actiity . AN'
dAnstrN - ci
iscriorariciv4 4halv
l nc- huh , Alt r"vt 1 �� limited
IM. trot, VILowdrim
(P) i,--RSi-f3 of Sev, exchision t� iIcrson or
im r s on., fror "art:h2i,iption i r, 'filllial A VIC WIL-AtIl Of .
131' SlIblecNior) to .ti ncriAnal ion in any awWWAC,
reAearch, ncr !rionpl rroiiniii,, . or other
mrsimps- ur ictitritv except :it,�;Iotir i.rrorra%z.,, .
(11) 5A t",? I anin ot st-1, MmUll ot
emmorturltv in trorrymiral atul iruvrsehoUstity mt-lethe
wovi-APS.
Q) Or, ths, basis tit' nux , discrivirl-ation uivn , inert ons
in wn"lor-orr wid rot! thertv, .
Al W tnf- ',ints A s e y , the winlicultion -01 mily rule
r�;e itctt u.,il or troter.tij-1, t,,ironth t 1v or
--arit,-41 st,zltlft> ol it person , or tfw ocine I)eraon
k iinv o7- jr,%ti-vitv or oL
or Com"itions the
oltrr"osp of ti,in nertior lolllclriorinl lrl-%titution"
iiublic pre.S(I�Iool, els-t-rieptary , secondir , or
Arws schocil or arv-,4, x0mat1(3r1 aptoji<!v Q tljejirZ
powr!iin-
cotistmud t,-) tSrGhP)it A-)7 ill.1titution f"rom
raint,,iiniw- staparate roilet ;"acilitivs , locker rooiSc or
v i no i"a r i t i t',f3 ;_o r t,,i e r v T t t s c-x e a R,0 1 o i J;- ns,
I
CNV;n, ;lrAt. l(,, i'mcilitios art, -,)r(--Iv
Am. ?QW.J. SU 01. AGO
REIPSYNT
beeause cof ser, or shall not
CIMUV14-il to PT*01V tO All`!! OlAli or IwIlefit
fouttell of any ,,Mover untess; such p1w; or avatwt in to mere
suliterium wdonteve. f.or the znurpose rf ovatilop'. uho
provisiont; of th-f,
(a) zivwfwter, a rctirt-f-elit n1all or Ietltfit- rt"rqte:
10all not rwi nire tt-,- involmmtiry rprjre,� Prq of- .t
.mOvr tht, ai,, S(.%?(xntv or 0,lt perion ' s- af.*( .
r l4 ,-t4ravrarol, f!oen not
involtt.int;:sry retirent-mt of' .-, i:)t'r,00r, wiho
ZttiiTlel 01f, .4sP of !iYt)l-fiv** ani,4 bion fnr
t.� twc vrior -pm.arr. i3ern ornieved jr) p !-onoq ficle
vxcctttivv or hi.-t'a v�olicy-7al'irw on- irjon anf� who
anr,-iial :�-,wn a pelsjotl,
rirt.�.�it-jbarkj- or cie�'trrer7 c(imlienstation
Pban OT &le QW109W 'whim, ormatts twer t even
at catlza7:3 dollciri. 7`34_,; rotirir-,�rt. '�,vone.fft test
4wiv ro chi;- r(--w-ulatiors
art. Grits ;r by %fCrCrpr'VF of
labor !,Pursuant ro ninetv-five flash two
liurtrlrc-0, fifty-mix (a5-256) , rc-etlo-,j three (3) .
Bou 258 PAGE 14 ii
involuntary retirem*nt of a person
k,v a f-ollrctive �arvaininr arreortept
tepq e"terf-(-4 into I,-,r a bil)or orvanization
m° in cf on +'erttwrli%(,r 1 , 1977. T,is
a"fnlv atter tHe termination of
Opt (-.)r .!Ijr!j:mrY 1 ,
first
;p P!OsAtvl T,rovic-'PO tl,,v 4n
( 7vtAiv1r., u� �r-<cc�-rt where the
%lrlri;cr walil " hrs vrQuvLA?rv& 19 tote Fintus ware
MISM&W V) Lot,, cr Overe T-voical comr,licnatims !c-,ive arisen
or henim jrwirarmp herieftif,, <6iirh very by af-e
0
c-." acMariod -101twontown U tive
equallip vor all Of. P-mlUMPUR Or Y's providle
owlq1tal- ct,;jtrj,jkjtQjjS 00crim, W. it� 04r` twnefits
vlativc wallrovues do VIA 'gory No spee
(n) ar practice
,,r
Fn Wroxim , Immlizo, cr corhelvise
-tnv !-jarsom; W diarMarm ,
rct,F,I jx4 t'+': ma"a..i:';It Mt WJ W,At NeQlUrV 4117 tit it t
I ru;j,vj duh 1, ' !i it t-tc1q,ts W a pet,re c com;li ance or a V) i
spourivy, complAnnev wir-i Chir, Crdinance or the rr-nerites
mereunder.
It Shmill he im vn%ir or f7ractice
fur arty person to disc hatryle., jjxjta�qr, rcm-llizk• ur Ctherwise
witly respect cc, emInjoympt, rhut-jtc
or fimanciil !?ractievs ary,
NOWNSWIl INVA111M A blAt WHANwIP-1 olsftoci;Ation wit1h
;MrSWIS & a purticul,,.4r race, relliplon, creo,,!, color,
witional vrPin* Or hisl* AsIvilitv or avc.
Sec. N1-15. 1:01""',
nerscmi elwalmirip to he appswillved kvti
ducrivinatury nraetieeo his flV4Tlt, 0-,c, 4irprtor of the
,,MV184-ion, the City Atturrielep Or A N011-mr0l'it orpardmition
wits a purpof;o of CoMbatills, 01.0critninatir-n-1 !,ljiv file with
the Conrlissic"I ;'- x1ritttar corplaint $Cd,tiny th'it 11
'ian boon carinittPtI, gettirw forth
the 4,pcts Conrlaint ifi t,,aspdp arld Sorting
fort'n ''ivCtrj Fifff-'ic-lent to en-pble the ('0M-4svion to i6entify
thc person chair 4'i (',.er,ainafter thi., respev.(!ent) . Y. vember
O ' t!-.il UullirnisSlon stiff or one or !-'ore tt:v
Com!�dsslvrtt 3s ilpnobltenl ?Yy On Wrairovx,gon, S.".&II toromptly
i--lV0-RtiV,iAte tlv llli-vatiowim nt cii,4r:rf, t-lAr<)ry nroctice qet
forth it', tTlc cnn;Apint and s'nall Nrn istt tl�e
resilonoent wit', i ctty of tk5-, The co�lr)lailwc
r .� vunt o-e filvi.thin. wlF? ?lllndrel�l ei -11"ItY (U-,O) fdw!6 jfter
ti-,c ,iiacriwinxtom, practict- ocrgs ;k
:ilod t.-itb t#'v 10;"a Civil tat-
T)rr)vi,,;ionja of tte 14)-jd fJvi 1 ll ;-ilt*i Act 3hbl's, qufiicient
for tt!lr p,;rnoreA othis .xrolinan<ko, if it
8Ct-1 Athill tilin city.
(h) I;- to ir, dvtor',iiiiv( ;-ifrer tnvv!stivatjc)r, that no
prot)a?)le t!noseexj�,tts for suc;: conojajY-,t, ion
sl-i)ll rotjt-v V%le COr!1lainint liwl
of -. er Prv-j fiat jt.)ri mA tj,i., c4tt
n'll ?-v Closen -,7ith the
mu 258 PACE 1
(c) if it is c..teter-itncrzl, after irmp-%ttyation that
j)rnk,.mM.e cat.,se exiezts i:or crt-ditiroj- o)e. alletatfort-ft of the
Corplaint , thw- (30--iw4ion st&V POW primptlit proceed with
Com liar ion.
U Inali notify rv'! Ci%jril Ri ,ph t
a
i' .9 Jois t-,oie -At�� rrapect
tc, C"1-50 '-Atrio tc-ir rir <Jzorlt�vor rz4Ich. case
iz� cllosr:e�.
) : ;'i4`, m-111whir W41Y 1q; wo"Wo" at vom time wriar tc
tray aw-fim, 101- of O"s ! or a miNic -waring, and
tnurvaltur, WN hlf,071 t.`wj umsem: of Ow (,)r roersons
ConrAICCIlly cut, Atior-My.. Vich lowit, P401 frftelv aiven
sner, inforlev So rvcuirv'� .
"VC . A-11
(a) PrICK LO a firkizl- Q W10WwQ1'z- persor
iollfvst" ; I3tim tilt, C-03-j-Pirm i t1: witer into thr. narmilintion
TAYWCOSS "In Ot: reammAwt at t1w rnis; ro.qut-�St
��t're tlif- ation has bpen SIRAVO-It Wr the
inwmUawr Lo rcm&ies for me allegeld
(4) .Ft .'r a WMT,'t Co, '-IrCkWilt- C,,,o'oi4 respondent
shall 0- ar
ranimb ucifitm, i in writiny of the f indinn and
Wini.1 ix infornmi A to cuoctlfate. 7"1e
1")ti ; orbal,J Wrthcw wyntair, v Owe, Ube,
:1ZIC7 Eim" 1'r)r. tKte? Cygiclilixtrioll meatinw .
Q) A to re L 11 e 71111 C1. it S 1. i 00 T-O;q U.1 Uq in 311 Q1 MIMCM t
thriamporident am' the rc-
tf�c Rverzent
shall tic! in" writirip as, 1
rd 01 Ir-e 1-iv t•?` t
w re�,j)onclen
or FAo� or fum i,41w )'v Be director A the
CorlF-is!4ion. The Arector shall curia et: W193 the
(1001plairiant prit,-)r to Agnirly the apreemenc , arid , Amid the
complainarit oblioct to the preement, the arreement rms,C be
imenented to th?r tor its nnprov4l before the
ao�,rewiei-t my to? sienc,O. The cor-�1�.Allairlont s'nPil 11*: .,,iven an
onnortlinity to state thip remenr!s for ifirisatimbictior to the
o':il-I i A S i r ni• Snen rea-,c)[1o; gh'Alol i%(> reduced m writing.
aftor ntten;)tr, ro rosclli,'itco. tht,, person or
cc, tninciliati,, shall 'inct tharconctlistion
ot,torts 'have ronort4zid in
n�
writi , to nv If the i'OT";rsn
jion
t,)C. C"Iarf'+- tv oe fotind"Z-1, it 'will nrom-ptly f;C"IfdIlle
t'-CL' -atter for m-T! UI:- If' thf-
ii
11ot to 1'e toom'!#'-C" it q,e!alY
tl-e ct-'Ao F1'41 I 'Z!') notify to-!C' lo)%-!�% "trate
"ivil "i, &
Lor.-Ission of tliv- � otl-ore ol ecinciliarion
of thts actim r0m.
01- 17. MAY 4:00A. .
(a) Afrew t1w, Kerminsiar; 'inn wited w tnint
rr to whlic hoprinp , Q111 gerve on
Che r.-urvor-lent f89 rv.,,-isrew& car cvrrifieo -ail a 4,rlttcn
notice, Lonetbor Ar"; a Con", or CC" cm-Plaint as it' my
1,,avo 1,e,>r arnpridel, rermArins the respermont te, anowyer in
writirp the of ne em-Omirot at to Aparinwill
t.)etort, or#:� or -core of the Qw- ingion kit .3 henrine'
offitmr- at a tirne and noi,ace mpecifieS in t-W "nticts. A
cory, cf thp not- tco WoM he furnivaied to tw, cavil,lainarit ,
the lwri Z-1vil, :-'.JF'41r8 slicii oth,*,r
oFficprs anc4 z-,ucti rytwter Comifission deems
r
r r op e r
o oK 258 PAGE 141 3
of tihe nlpme. amd nature
F3{ t-',ic ne;irinr.,
(2 A mt2thorlt
A to t- f of,
;izniii rizl"t-� involvr-1.
t.4> state
i' t. t" ft 1 :trx t-;Iat: thlnotice
ire ever ver?, the Withil nati.Ct'! ! ,O lir-Ate'! t#? p
00104MIC to! CA? isamm Nvolver'.
(C I h f 1 MIA W 'It 11 'ILI COW A 10 t VP 57 Ci t- k lo-i 5- toil
or i,v s Iim,rtr- officer anwribirpm too moAm issma.
Qj Q nmpnrl S."Al t<:Y'4. ryorr W rne Connhiczion Q
top lhfir,rirn too" han, -�onv Witmerst it it!F outco—e or
sbo mas tayer, qrt in Kk of t�lo cu-. :�,loint or
by's Cphe"; a mpitim on; to QW,vr- occijrred
1^ i t '. runt oct cut v.tt` "Ft tor e.FT aveption, ` o con,tissio-ner
who wj,)qjti -,,C ,4j,-,,, 741 i£'c1
critcri.l Ot4ll
-"av vntf- or t--;,! with
resnccr tv tic
(e) If « -,jprtv fails to anr,f.Ar il*, a casco
rroceeriinv al-tor pronrer i,�orvfce enotic(*k tho
co9ndl!ctin7., tt-,f, kle+triwl}4 mov nrov.#,,t.,;4 vicl r-nie a dit-cision in
the. of the nartiv.
(f) Opportunity nill into 0:00nd all ,tarti&s to
resir-on(t an-1 pr(xsent f!vjl.-,f,,ncp t)fv.: or, all
tPvrI1vvd an.-i to k-e repr�oseitei! r)v CourtsiA at ti'(Sir own
expf n9o. t'he c.s.io '.'or r-hp oc )roseited 1',V
any ul ('Omy-isslon st4ft. or t,v an zittorriovy fron,
toe .'icy Attorni.,!vry r-).�Jjce. 7-or, hoarin,.- TIPV! TIOt bO )-tO;Ind
by tl;,e strict rt,Les of-' eviAenctef t'',ir tttcs pt`j-jis.qjorI of
evidence s!)oklld Ibe or) Aoune discretior ari rir,.oresented
in tl�e lol.,In Proctdtire Act 17A. 114(1,) .
1 M. 14
"Irr�levfint, or un('-,Air repetitiolits
evidence ghould A exchA11011. it firldir)i I&Q11 Istf 4,151tvi !Qo,n
tile Am! ot' evi� erjne on wIrtich rcoasovablv nru�:Ient 1,,-oretonso
caret -oct o, nor tits
aff'a i rx , ani ! !,e ti as ed 1;ror� �;"I ch IN v It!fr cvvf'n i r
in r,, lury trial.
ef,ect ro 0-�v rul"Is
ObjectiQ"s to
nQLocin tti,:' recore.!. u:Oect tLj
heariii,,- v,,iLl E*? arv-� irltt,r;�st,= c,f ti,is nartion
will, not he pr�,--judicv-f iut-sranviallv, any Ttart, W, r`ie
evit'el-ce .`Say !,vr, remArtY to 14; Ruly-ittka? in veriFisf,
writterl ,i
(o) The rt;�eord in P CAPO -R;oj431
(1) AM QeaAjnqF, ,
evit-'ence receivo�` i-Ir contsideri,.C'; vtrai all
nuhmissiors.
(3) P, Rt.ite,"ent o-f all ratters c� tel
y
riot iced.
BOOK 258 PAGE 1.44
(4) All V06tions And offers of proof,
antl ruli-zujg the r£
(51 All. ns .
(h) Aral "r!--)re&WvS elvall. 4, (wers co tom m1blic anal
S"all i-te tit" tlr t'v -'ec"'rtnix'! or
ri!-orter. '"ral. or any oart
jr
recc'rf'i;k or t=rc"vlc'lr'+P�"c notes 01.
oral.
e
Witt mal
rim- tilt, o." lieciction.
Averiny si-Ill gvcm- hmoll nvan -ON't tit
MW Qvi; vays f-rior to rAr -"An of the Isparhm..
'��ct s"WA t tilt,
mrP4 tin
the mccra.
( i ) MnQlctirm rve immin- will vake
wrlict-%� (A, y,jc,t conclusil"m c: laws Will state
hi wriciur ns ri-x (Ir not- tf!e
:jVZjjfjyr CCU, C(ge,Winop'nry their
rc C.A. &W10i"
Sectic"I WE) w-Ain.411(m,
I i c.'4'cis I= im,
(4ficel-, pok. &t1--v Gilf:<all vote vin cc whipther im)
vvilify vir mverr%il'± cre, ,+xqctc:j, Jtnf-tinvgem '' oronosed
1pel-p(lies. T"wir Opcisim shp,11 in- ps, ;j pay,-it., Cq
c
LIrc`pcflt arlo -vorin'-. Thcreupo!1 fst;liv a
rani(., eitheyr incorivorarins tnix rronnqed fjr�{in('P. q-"(!
rpn,vf}ic-lcl j, j itg
t.i n v t,;I C. it r
�r , ; de c i -,I
i0cltl�ill Fleciqilrm' j p "he
r"rit7 i'v to the rarties ot rocore. f-'or thip,
THI1'1'TORtI8 Of Vuct -ailiri- .9lial I }sp
rhe
Fa nropose(' iieci.qjcv.
tilt; Final clecision 4r:' cile '417ency
Ymrr1itr lylerp jq ,v, t,
or revrip-,.-
;4717)(lell f1-ort or rfview of the nrc-posvai
decisivin, the aycricy Mas all 011 volmr. whi&I it: '�nlllci have
ii it i r i n,I l v �� it j, c1le Aip'41 '?ecisiorj egeepc Ary it may
limit thp o' t4ic rarties or r,y riklo. In
CaSt:s a
W-cisim is mview(--rt"' on r'otion flx t-if
Q afformn! to PAch nPrtir to
file Immyrtcriv, prtmmt brij.A,*,t t�jk-,,
to rerWer bic Final
X�WJAL
,,arty- Q I-pj,T-j sq,qj q,,,, tp,,
110c Of-ch" I WScifl- revitoa fjj.iq�- r,- r,otirioyl for
jul'ictial review Irl We district, ccul-t ilt elk. for- 41,Gk- iq,k
Count%' In mich the ;1107011 c,-
nrarricc co-m,jtt*m,l 01- W! Win Court%, in Vick, anv
rk-ti,ivs Or
d vrov.'; of n-S S tin t 1,r, by tit to r,i I Up
of -a pecition vJtAin t"111—t y (:30) (layl Ettter- the Wmaniallion
has Issued ar"Inhiscm! to ha�"11(? it fibil, oroier. '7ervice of
t`,Ic- 1-4r-titiorx shnIj ly 1-t,p p1jr,allgrit y0 fecrion J ?A. 19i rode
Of Tomm (119113) . Rwreaftez-, Qjaptty 1,,, qyp y! lom
land W%y a>;evidverscs thereto, 0--vill c(.-,Y)trvl the
,,roeeedinps for -judicioil. revieu,.
BOOK 258 PACE
proceeding to obtain Judicial r#vim to
i"stitutel) wit'lin thirty (30) days from the sorvice of an
order of th(!
iinder this Section, #-he
'MaY 06tt4in Avi or( e,r ti tl,-Y ccyort 'or en! orc(-1enL of
such cr4er upon rt, S a to
.4 cjj(�� ,,t i
the Conmisriion arl-I ren Sieh or trAnnacts
hus ines q ,;i t'i
0(-''Ivr CiVil. rv- oroksm M tne it-ii,ino immilmd.
S to C,
tmair or
v i
Iit q
' ilirt- a,
i W! W SOMM-larm Mtn 170,p -"Ninwrim.
Q%YQJQPrt afre-A : rrtwr Witt of m -'Itt`" the
W�NS%Rnv -41v Winvow7wiv CN"�101171' '11, rf�iief
in, ,$).`-rrtcw prollm R .1.E Wit,
plave Yam SaWSMW :
( 1 ) av on- 0.100m 'ns 0"('01 tiled the
W' ,011i"t With tim 01- Wistfs, As
nnrinanvu ; ard
Q!:1 41, Cts"Nal v`)
;A)-! ;i ss:, i 1 N P ! -,r Ar. 4.ea p n t 1, l 12 A
Args apQ Wv Arm-iossic'n .4 I-Slowne-to
Cliv c0pplatrwlt mirsulant to S1166t,Ction (i ) or
rMS, Seect ion.
0) Mcm a reqn-st In thr" c0r'"Iat navir , arld af rer title
PYsliriiti(,n of mr, ?,oriv!r,r4 t,,;t'ntv (1,20) days Irm the rwji-,�
Juilirly N a Ctoll"laint Wth rhe Gormissim', the Gomplimilion
S11811 ISSUC Lo Lrc- a re-tleziie stritinc that thie
Compi".4irt'.11t a HIM tv corimmocc rm ainticul In Utti'
41strict criuxt . A relemse under"his sah-SIRCtic"I shall nat
be ia3tie3 it a illiciint, c�qja °, n
Qrl LE,o (jWplwifw (or a
SMOMILeKs or 4 141'rissim ha's r44rvf-("' notice (,f ;Ieprin:'�
kipon t.!!f-, ra-s pvri:,evt nur'411 it-t to r'It I ' 'li
,�rmmcr
(c) im:,vr this section, is NVrod
-Iimetv C0i ?;aya --ifcf*r i5sliarir(� by
3(�Ction or -vitlin snr 'te F �e : or thli � tlTe
cmplaiztt' occ"r�i first . it: a
l
obtant4 a
ft f ti'!ir�
tur0er t'ctli-)n or, t"11,1t
BOOK 25.8 PAGE
r1r `,zirt of t'li. jYstiTiL'F C4?
0A
cr orecon ititittionol, tiijs
ic at; w�t t C'r: itiied t nance
ils 9 w,,O
or
of
�4
r
r
INDEXED R x'80
COMPARED'j.A,
pA4=KI BLACK HAWK COUNTY, POWA.SS
FJ*d for recordiw–—:21 19M
at ?,'01 h. M, and mcordod in
Page /!t9
Recorder
Deputy
Fere 9cJr00
J-
Ov WSSESsf-,-
WATERLOO,
Certificate
1, /7 City Clerk of t City of Waterloo, Iowa, do hereby certify
to... ......P,.....64 ..........
d
that attach d hereto is a true and complete copy of........... _.......
passed and adopted by the Council of the City of Waterloo .... ........I as
Iowa, on the ...... 0........... day f ......... ..........
19....... .....
Witness My Hand and Sea] of Office this ........12...... day of ....... 19.. . ..........
SEAL
� .......
..... ... ........ . .. ... .................... . .. ............ .......
City Clerk
BOGK 258 PACE 147
ORDINANCE NO. 3369
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 20,
a - HUMAN RELATIONS, AND ENACTING IN LIEU THEREOF A NEW
-' CHAPTER 20, HUMAN RIGHTS COMMISSION.
y y,
,1 � iVM1
�; Jjlt„ IT ORDAINED by the City Council of the City of Waterloo,
w Iowa:
Th-at Chapter 20, Human Relations , is hereby repealed in its
t: Siirety; that new Chapter 20, Human Rights Commission, is
4toeby enacted in lieu thereof as follows :
Jec. 20-1. PURPOSES. The purposes of the City of Waterloo
irrenacting this Ordinance are:
(a) To secure for all individuals within the City of
erloo freedom from discrimination because of race,
EF
�e or, religion, creed, sex, national origin, age, or
V(i.ital or physical disability in connection with
�i' ,@mployment, public accommodations, housing, credit, and
o -4 education; and thereby to protect the personal dignity of
xt�se individuals , to insure their full productive
� n capacities, to preserve the public safety, health, and
7. general welfare, and to promote the interests , rights and
" '' cprivileges of individual citizens within the City of
Waterloo.
:r
(b) To provide for the execution within the City of
Vaterloo of the policies embodied in the Iowa Civil Rights
Act of 1965 and in the Federal Civil Rights Act and to
promote cooperation between the City of Waterloo and the
tate and Federal agencies enforcing those Acts.
(c) To provide, at the local level, a Commission on
Human Rights dedicated to the following: effective
enforcement of this Ordinance ; service as a source of
information to employers , laborers , businessmen, employees ,
tenants, and other citizens relative to various civil
rights legislation and regulations ; and active assistance
to prevent and eliminate the effects of discriminatory
practices .
Sec. 20-2. CONSTRUCTION. This Ordinance shall be
construed broadly to effectuate its purposes.
Sec. 20-3. DEFINITIONS. Unless indicated otherwise in
this Ordinance, the fol-lowing will define the listed words
and phrases :
(a) "Court" means the district court in and for Black
Hawk County, Iowa, or any judge or magistrate of said court
if the court is not in session at that time.
(b) "Person" means one or more individuals ,
partnerships , associations , corporations , legal
representatives, trustees or receivers. It also includes,
but is not limited to any owner, lender, builder, manager,
broker, salesman, agent, employee or lending institution;
and includes all political subdivisions and agencies of the
City and any Commission, Authority, Board or other
instrumentality of government.
i r��:. _ !' -1i_,_J,r..�i :�'' _'' T:ir��i_ _ ,,, 1.C,j• `
'' �'(�" �^'_'', y 'ice; := •''t' a H
Od
o az
no j-f Mem
sx � z
O m
::E� (7) a
cz
-r9C.Y!!' H �7
djjrT ,r. /; ?�>iC V-� r F ITl~',
�� ,kj•�, zO
S'-i �_ 1�"_: - i`4� ✓1'.:Ci\ 1 � �.._: I =.1:L.� 1 r:`11 _�.' .� •. .I S,�
bz
CD F3d
`.'.rr ,
1
ti �v:., _. .. t> _ ._ -:(f'Y r;•'_ r `_i.i RL.. _ .. :t_i
fi
(c) "Employment agency" means any person undertaking
to procure employees or opportunities to work for any other
person or any person holding himself or herself to be
equipped to do so.
(d) "Labor organization" means any organization which
exists for the purpose, in whole or in part, of collective
bargaining, or dealing with employers concerning
grievances, terms, or conditions of employment.
(e) "Employer" means the City of Waterloo or any
political subdivision, board, commission, department,
institution, or shcool district thereof, and every other
person employing employees within the City.
(f) "Employee" means any person employed by an
employer.
(g) "Unfair practice" or "discriminatory practice"
means those practices specified as unfair or discriminatory
in this Ordinance.
(h) "Commission" means the Waterloo Human Rights
Commission created by this Ordinance.
(i) "Public accommodation" means each and every
place, establishment, or facility of whatever kind, nature,
or class that caters or offers services, facilities , or
goods to the general public for a fee or charge, provided
that any place, establishment, or facility that caters or
offers services, facilities, or goods to the general public
gratuitously shall be deemed a public accommodation if the
accommodation receives any substantial governmental support
or subsidy. Public accommodation shall not mean any bona
fide private club or other place, establishment, or
facility which is by its nature distinctly private, except
when such distinctly private place, establishnent, or
facility caters or offers services , facilities , or goods to
the general public for fee or charge or gratuitously, it
shall be deemed a public accommodation during such period.
"Public accommodation" also includes each state and
local government unit or tax-supported district of whatever
kind, nature, or class that offers services, facilities,
benefits , grant or goods to the public, gratuituously or
otherwise. This paragraph shall not be construed by
negative implication or otherwise to restrict any part or
portion of the pre-existing definition of the term "public
accommodation" .
(j ) "Disability" means the physical or mental
condition of a person which constitutes a substantial
handicap. In reference to employment, under this Ordinance
"disability" also means the physical or mental condition of
a person which constitutes a substantial handicap, but is
unrelated to such person's ability to engage in a
particular occupation.
(k) "Director" shall mean the person selected
pursuant to Civil Service Rules and Regulations ,
recommended by the Human Rights Commission, appointed by
the Mayor, subject to approval by the City Council, who
shall have such duties , powers and authority as may be
conferred upon her/him by the Commission, subject to the
provisions of this Ordinance.
(1) "Retaliation" means any act directed at a
complainant or other person with the intent of affecting
that person unfavorably because of his or her formal or
informal effects to secure or aid in securing compliance
with this Ordinance.