HomeMy WebLinkAbout5076-10/21/2011STATE OF IOWA,
Black Hawk. County
I do solemnly swear that the annexed copy of
1365976 -
THIS ORDINANCE PREPARED BY CAROL FA
notice was published in the WATERLOO/CEDAR FALLS COURIER -,
a daily newspaper printed in WATERLOO,
Black Hawk County, Iowa, for 1 issues
commencing on 10/21/2011, in the issues of
10/21/2011
of said newspaper, and that the annexed rate of
advertising is the regular legal rate of said
newspaper, and that the following is a correct
bill for publishing said notice.
Printer's Bill $41.99
gned
Subscribed and sworn to before me this
day of
Notary Public
Received of
the sum of Dollars
in full for publication of the above invoice.
Notary Seal:
rhis Ordinance prepared by Carol Failor,
)eputy City Clerk, 715 Mulberry Street,
Naterloo, Iowa.
ORDINANCE NO. 5076
AN ORDINANCE AMENDING THE
2007 CODE OF ORDINANCES OF THE
CITY OF WATERLOO, IOWA, BY RE-
PEALING SUBSECTION (E), OF SEC-
TION 5, POWERS AND DUTIES, OF
CHAPTER 10, HUMAN RIGHTS COM-
MISSION, OF TITLE 2, BOARDS AND
COMMISSIONS; AND ENACTING IN
LIEF A NEW SUBSECTION
(E)U, SECTIONTHERE5,5, POWERS AND
DUTIES, OF CHAPTER 10, HUMAN
RIGHTS COMMISSION, OF TITLE 2,
BOARDS AND COMMISSIONS.
BE IT ORDAINED BY THE CITY COON-
CIL OF THE CITY OF WATERLOO,
IOWA:
That Subsection (E), of Section 5, Pow-
ers and Duties, of Chapter 10, Human
Rights Commission, of Title 2, Boards
and Commissions; of the 2007 Code of
Ordinances of the City of Waterloo, Io-
wa, be and the same is hereby repealed
in its entirety; that a new Subsection (E),
of Section 5, Powers and Duties, of
Chapter 10, Human Rights Commission,
of Title 2; Boards and Commissions, is
hereby enacted in lieu thereof as follows:
2-10-5: POWERS AND DUTIES:
E.To subpoena books, papers, records
and any other real evidence necessary
to the investigation of any complaint filed
pursnt to this chapter. As further set
forth buaelow, the commission may also
subpoena persons for testimony after
notice of hearing has been issued.
1.The executive director, or designee,
shall issue subpoenas.
1 2. Before a subpoena is sought to deter-
mine whether the agency should insti-
tute a contested case proceeding, the
' 'commission staff shall make a request in
written form to the person having pos-
session of the requested material or real
evidence. The written request shall be
hand delivered by a member of the com-
mission staff or sent by certified mail,
return receipt requested. Where a per-
son fails to provide requested informa-
tion a subpoena for the information may
beissued.
A subpoena may be issued not less than
seven days after the written request has
been delivered to the person having pos-
session 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 be-
half it was issued.
A. The subpoena shall be directed to a
specific person, or their attorney, or an
officer, partneror 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 con-
trol 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 concerning such records and
evidence either before or at the hearing.
5. The subpoena shall be served, either
by personal service or by an official au-
thorized by lawto 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 per-
son served or by the affidavit of the per-
son 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 rea-
sonable cause exists to quash said
subpoena
8. Where a party fails to respond to a
subpoena, the executive director or des-
ignee mayauthorize the filing of a petition
'joj9fjj;"Zwith the district court.
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