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HomeMy WebLinkAbout08/22/2011 Council Work Session August 22, 2011 3:55 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of the following topics: a. Waterloo Ordinance and Human Rights—what are we mandated to do? b. WCHR relationship with HUD, ICRC and EEOC—who is pimping who? c. What is the Complainant's right in all of this? d. Growing ourselves out of our current staffing and fiscal problems Submitted by Abraham L. Funchess, Jr., Human Rights Director. ADJOURNMENT Suzy Schares City Clerk Waterloo Commission on Human Rights "Celebrating over 45 years of protecting human and civil rights" Monday, August 22, 2011 City Council Work Session Abraham L. Funchess, Jr., Executive Director 620 Mulberry Street Waterloo, Iowa 50703 Phone: 319-291-4441 Fax: 319-291-4295 Email: Abraham.funchess(a�waterloo-ia.org Website: www.ci.waterloo.ia.us/humanriqhts Mission Statement The Waterloo Commission on Human Rights mission is to protect and promote the personal dignity of all Waterloo citizens and eliminate any discriminatory barriers that prevent them from reaching their full production capacities. We seek to make compliance and education a meaningful and visible strategy as we work towards the elimination of the effects of discriminatory practices in the City of Waterloo. In support of this mission, we are committed: • To maintain a well-trained culturally sensitive staff and Commission to provide for the execution and enforcement of the responsibilities set forth in the City of Waterloo Commission on Human Rights Ordinance No. 4064. • To ensure freedom from discrimination by assisting in the preservation of the public safety, health, and general welfare of individual citizens within the City of Waterloo. • To increase the sensitivity of all citizens in Waterloo of the effects and cost of discrimination by sponsoring workshops, conferences, training sessions, community forums, etc. • To be accessible to the community by actively participating in agency networking and to collaborate with agencies whose missions are similar to ours. • 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. City of Waterloo Ordinance 4064 Title 2, Boards & Commission, Chapter 10, Human Rights Title 5, Police Regulations, Chapter 3 Human Rights, Article A and Fair Housing The ordinance is patterned after the Iowa Civil Rights Commission's ordinance. It offers protection from discrimination in the areas of employment, public accommodations, and education on the basis of race, color, religion, creed, sex (including pregnancy), national origin, sexual orientation and gender identity, age and physical, or mental disability. The ordinance also offers protection from discrimination in the area of housing on the same basis with the addition of familial status. In the area of credit protection is available on the same basis with the addition of marital status and the exclusion of mental disability. In addition, the ordinance also protects individuals who may be retaliated against because of filing an alleged charge of discrimination with the Waterloo Commission on Human Rights or for participating in an investigation and because of an association with an individual of a protected basis. Purpose To secure for individuals within the City of Waterloo freedom from discrimination because of race, color, religion, creed, sex, national origin, age, sexual orientation and gender identity, and 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. 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. 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, businesspersons, 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. The Waterloo Commission on Human Rights is an administrative agency within the City of Waterloo. It was created in compliance with the Code of Iowa Chapter 216.19 that mandates cities with populations of 29,000 or greater to maintain a local civil rights agency or commission. It derives its authority from this Code and the City of Waterloo Ordinance 4064. Representative Berry& Abdul-Samad: Good morning. As a member of the Iowa League of Human Rights Agencies, I write to each of you seeking your input on a problem facing the Waterloo Human Rights Commission (WHRC). The issue involves WHRC's application to the Federal Equal Employment Opportunity Commission to become Fair Employment Practices Agency(FEPA). In 2006, my agency applied for a FEPA contract with EEOC. The purpose of contracting with EEOC is that we receive payment from them for processing employment discrimination cases in our community. One requirement of EEOC is that we obtain a written statement from the Iowa Civil Rights Commission (ICRC) which concurred that my commission had the capacity and capability to process age discrimination complaints under the Age Discrimination in Employment Act (ADEA). It's a simple harmless request. After some wrangling with ICRC's director at that time, he wrote "Please consider this letter as being in concurrence with your", and EEOC granted us a FEPA contract. WHRC has likewise applied for a FEPA contract, but have run into opposition from ICRC. Apparently ICRC has refused to provide its concurrence with WHRC's capability to process ADEA charges, which means that EEOC will deny/reject WHEC's FEPA application. I believe ICRC's action is wrong and flies in the face of the intent of Chapter 216.19, Code of Iowa. Here's why: OVERVIEW OF IOWA CIVIL RIGHTS ACT When enacted in 1965, the Iowa Civil Rights Act(ICRA) contained the following language, currently found in Iowa Code §216.19 (2010): "Nothing in this chapter shall be construed as indicating an intent on the part of the general assembly to occupy the field in which this chapter operates to the exclusion of local laws not inconsistent with this chapter that deal with the same subject matter." In 1990 the Iowa legislature, having full knowledge of the above enactment, amended §216.19 to include the following language: "Nothing in this chapter shall be construed as indicating an intent to prohibit an agency or commission of local government having as its purpose the investigation and resolution of violations of this chapter from developing procedures and remedies necessary to ensure the protection of rights secured by this chapter. All cities shall, to the extent possible, protect the rights of the citizens of this state secured by the Iowa civil rights Act. Nothing in this chapter shall be construed as limiting the city or local government from enacting any ordinance or other law which prohibits broader or different categories of unfair or discriminatory practices." Of greater significance in the 1990 amendment is the legislative expression which governs the relationship between a local commission and the ICRC. The 1990 amendment makes clear that the legislature intended that the ICRC and local commissions form contractual agreements,as follows: "An agency or commission of local government and the Iowa civil rights commission shall cooperate in the sharing of data and research, and coordinating investigations and conciliation in order to expedite claims of unlawful discrimination and eliminate needless duplication. A city with a population of twenty-nine thousand, or greater, shall maintain an independent local civil rights agency or Commission consistent with commission rules adopted pursuant to Chapter 17A. An agency or commission for which a staff is provided shall have control over such staff. A city required to maintain a local civil rights agency or commission shall structure and adequately fund the agency or commission in order to effect cooperative undertakings with the Iowa civil rights commission and aid in effectuating the purposes of this chapter." In examining statutory provisions, the usual and ordinary meaning is to be given to the language. Iowa Code §4.1(2) (1989); Welp v. Iowa Dept. of Revenue, 333 N.W.2d 481 (Iowa 1983). The function of statutory construction is to examine the language employed and the object to be accomplished in order to arrive at an interpretation that will effect the intended purpose. Therefore, a construction must be given to the statutes by determining the intent of the legislature, considering the object sought to be attained, circumstances under which the statute was enacted, common law or former statutory provisions, and consequences of a particular construction.Smith v. Linn Co.,342 N.W.2d 861 (Iowa 1984). Thus, it is clear that the Iowa Legislature made a calculated policy decision in enacting the ICRA to not only prohibit the ICRC from occupying the field of age discrimination charges in Iowa, but to also place a legal obligation on ICRC to cooperate with locals "in order to expedite claims of unlawful discrimination and eliminate needless duplication." By refusing to provide its concurrence with WHRC's capability to process ADEA charges, ICRC is not living up to its legislative mandate. I, therefore, respectfully ask that you assist WI-IRC in whatever manner you can. Thank you for your assistance on this very important matter. Lionel J. Foster, Director Mason City Human Rights Commission -=--�►. CITY OF WATERLOO , IC] WA �,1 ' WATERLOO COMMISSION ON HUMAN RIGHTS 620 Mulberry St. • Waterloo,IA 50703 • (319)291-4441 • Fax(319)291-4295 ABRAHAM FUNCHESS • Executive Director d/ _-_ \O, Mayor June 21, 2011 BUCK CLARK John P. Rowe, Director U.S. Equal Employment Opportunity Commission COUNCIL 500 West Madison Street, Suite 2000 MEMBERS Chicago, IL 60661 Rosemary Fox, Acting Director DnvzD U.S. Equal Employment Opportunity .TONES q p yment O oltunit Commission Ward I 310 West Wisconsin Avenue, Suite 800 Milwaukee, WI 53203-2292 CAROLYN COLERE: Waterloo Commission on Human Rights Request for Fair Employment Ward 1 p yment Practice Agency Designation HAROLD GETTY Dear Mr. Rowe and Ms. Fox: Ward 3 QUENTIN We are applying for designation as a Fair Employment Practice Agency(FEPA). We HART have reviewed the procedures for Agency designation set forth under 29 C.F.R. Ward 4 §1601.70 and spoke to Ms. Kitzman concerning the appropriate procedure to follow Rory in seeking designation. We are including with this letter the required documents WELPER under 29 C.F.R. §1601. Ward 5 The City of Waterloo has a civil rights ordinance set forth in Chapters 3 and 10 of BOB the Waterloo Municipal Code (a copyattached) provides GREENWOOD p is that protection for At-Large persons against discrimination in employment based upon race, color, religion, sex, national origin and disability. The Waterloo Ordinance is broader in coverage than STEVE Title VII in that it provides protection for persons against discrimination in At-Large employment on the basis of sexual orientation and gender identity. The Ordinance additionally provides subpoena power during investigations and procedures to compel enforcement of subpoenas. Similar to Title VII, the Waterloo Ordinance provides for mandatory efforts to conciliate after there has been a determination of probable cause that an unlawful employment practice occurred or is occurring. Equally, remedial actions provided for under the Waterloo Ordinance include the remedies provided for under Title VII and the Iowa Civil Rights Act. The Waterloo Ordinance provides for judicial review and enforcement of Commission orders just as the Iowa Civil Rights Act. The Commission has significant mediation resources and its mediation program has been successful in resolving a number of cases throughout the investigative process. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Fri al rInnnrtunih,14ffirmntiuc Actinn Fmnlnvar The Waterloo Commission on Human Rights Ordinance is patterned on both Title VII and the Iowa Civil Rights Act and was enacted to protect the same principles addressed by the laws. Our office is amongst one of the highest cross filers with the Iowa Civil Rights Commission. We average opening 96 employment complaints per year and; therefore, do not believe we will have any difficulties in getting the number of complaints each year to warrant designation as a FEPA. Thank you for your consideration. If you need further information, please do not hesitate to contact our office. The Commission looks forward to working with the EEOC in the near future. Sinc ly A am Funches's, Jr. E e utive Director Enc. 29 C.F.R. §1601 .70(a)(2)(c) City of Waterloo Commission on Human Rights Ordinance Sterling Codifiers, Inc. Page 1 of 5 Chapter 10 HUMAN RIGHTS COMMISSION 2-10-1: COMMISSION CREATED: There is hereby established in the city government 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 and confirmed by the city council. (Ord. 4064, 1-3-1995; amd. Ord. 4145, 1-8-1996) 2-10-2: COMPOSITION AND MEMBERSHIP: A. Of the ten (10) members first appointed, three (3) shall be appointed for one year, four(4) shall be appointed for two (2) years and three (3) shall be appointed for three (3) years; thereafter all appointments shall be for three (3) years. No member of said commission shall serve more than two(2) consecutive terms and shall not be reappointed to a third term unless said member has not served on any board or commission of the city for a minimum of one year before reappointment to any board or commission; except a third term may be approved upon extraordinary circumstances and unavailability of applicants. B. The commission shall elect a chair and vice chair from the members of the commission. C. 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. (Ord. 4145, 1-8-1996) D. 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 chapter consistent with the funds appropriated for that purpose and any gifts or grants which the commission may receive from other sources. (Ord. 4064, 1-3-1995) 2-10-3: MEETINGS: A. All meetings of the commission shall be held in accordance with Iowa Code chapter 21. B. Any six (6) members shall constitute a quorum, except when membership on the commission falls below ten (10), in which case a quorum shall be the majority of those serving. C. All records of the commission shall be in compliance with the requirements of Iowa Code chapter 22. (Ord. 4064, 1-3-1995; amd. Ord. 4145, 1-8-1996) http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15716&ke... 3/22/2010 Sterling Codifiers, Inc. Page 2 of 5 2-10-4: CONFIDENTIALITY ISSUES: 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 title 5, chapter 3 of this code. This section does not prevent any complainant, respondent, witness or other person involved in the matter complained of from disclosing information known to them, provided that such person is not a member of the commission or its staff. Any violation of this section shall be punishable by a fine not to exceed one hundred dollars ($100.00). (Ord. 4871, 5-29-2007) 2-10-5: POWERS AND DUTIES: The commission shall have the following powers and duties: A. To hold meetings at intervals of not less than once 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 chapter. 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 chapter. 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 has 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 http://www.sterlingcodifiers.com/codebook/getB ookData.php?id=&chapter_id=15 7 1 6&ke... 3/22/20 I 0 Sterling Codifiers, Inc. Page 3 of 5 designated books, papers or other real evidence under his 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 takethe 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 chapter. For purposes of this subsection and pursuant to the provisions of this chapter"remedial action" includes, but is not limited to, the following: 1. Hiring, reinstatement or upgrading. 2. Admission or restoration of individuals to programs, 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 notice 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: http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15 716&ke... 3/22/2010 Sterling Codifiers, Inc. Page 4 of 5 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 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 acertification 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 employment, the commission shall so certify to the contracting agency. 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 chapter, a contracting authority may take appropriate action to terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with provisions of this chapter; 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 subsection G7 of this section shall not bar the election of affirmative remedies provided in subsections G1 through G6 of this section. The terms of a conciliation agreement reached with the respondent may require him 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 chapter 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 a showing by the commission of the violation at any time within six (6) 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 such 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 chapter. 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 andafforded the opportunity to be heard. (Ord. 4064, 1-3-1995) 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 programs, vocational schools, housing or credit because of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability or age. (Ord. 4891, 11-13-2007) http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15716&ke... 3/22/2010 Sterling Codifiers, Inc. Page 5 of 5 • 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 and necessary for the enforcement of this chapter. (Ord. 4064, 1-3-1995) L. 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 chapter and in the planning and conducting of programs designed to eliminate discrimination based on race, color, religion, creed, national origin, sex, sexual orientation, gender identity, disability or age. (Ord. 4891, 11-13-2007) 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 this chapter. N. To enter into contracts with federal and state civil rights agencies which would further the purposes of this chapter. O. To enter into contracts with federal and state civil rights agencies which would further the purposes of this chapter 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 precedence 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. (Ord. 4064, 1-3-1995) http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15716&ke... 3/22/2010 Sterling Codifiers, Inc. Page 1 of 17 Chapter 3 HUMAN RIGHTS 5-3-1 : CONSTRUCTION AND PURPOSE: This chapter shall be construed broadly to effectuate its purpose, and the purpose of the city in enacting this chapter is to: A. Secure for all individuals within the city freedom from discrimination because of race, color, religion, creed, sex, sexual orientation, gender identity, 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 ensure 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. (Ord. 4891, 11-13-2007) B. Provide for the execution within the city 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 and the state and federal agencies enforcing those acts. C. Provide, at the local level, a commission on human rights.' dedicated to the following: effective enforcement of this chapter; serve as a source of information to employers, laborers, business persons, 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. (Ord. 4064, 1-3-1995) 5-3-2: DEFINITIONS: Unless indicated otherwise in this chapter, the following will define the listed words and phrases: AFFIRMATIVE ACTION: 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 enhance diversity and ensure equal opportunity in public and private employment, housing, public accommodation, credit transactions and city contracts. BONA FIDE OCCUPATIONAL QUALIFICATIONS (BFOQ): Discrimination on a prohibited basis is lawful only if it results from a bona fide occupational qualification essential to the http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id-15759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 2 of 17 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. COMMISSION: The Waterloo human rights commission created by this chapter, and as provided for in title 2, chapter 10 of this code. COMPLAINANT: That person filing a complaint with the commission. CONTRACT: Any agreement which is awarded, let, procured or entered into with, or on behalf of, the city or any awarding authority thereof. CONTRACTING AUTHORITY: 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. COURT: 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. DIRECTOR: 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 him by the commission, subject to the provisions of this chapter. DISABILITY: With respect to an individual: A. A physical or mental impairment that substantially limits one or more of the major life activities of such individual; B. A record of such an impairment; or C. Being regarded as having such an impairment. EMPLOYEE: Any person employed by an employer. EMPLOYER: The city of Waterloo or any political subdivision, board, commission, department, institution or school district thereof, and every other person employing employees within the city. EMPLOYMENT AGENCY: Any person undertaking to procure employees or opportunities to work for any other person or any person holding himself to be equipped to do so. http://www.sterl ingcod ifiers.com/codebook/getBookData.php?id=&chapter_id=15 759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 3 of 17 FAMILIAL STATUS: One or more individuals under the age of eighteen (18) domiciled with either of the following: A. A parent or another person having legal custody of the individual or individuals; or B. The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person. GENDER IDENTITY: A gender related identity of a person, regardless of the person's assigned sex at birth. LABOR ORGANIZATION: 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. PERSON: 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, salesperson, 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. PUBLIC ACCOMMODATION: 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, establishment or facility caters or offers services, facilities or goods to the general public for fee or charge or gratuity, 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,grants or goods to the public, gratuitously or otherwise. This definition shall not be construed by negative implication or otherwise to restrict any part or portion of the preexisting definition of the term "public accommodation". The following private entities are considered "public accommodations" for purposes of the Americans with disabilities act, if the operations of such entities affect commerce: A. An inn, hotel, motel or other place of lodging, except for an establishment located within a building that contains not more than five (5) rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 4 of 17 B. A restaurant, bar or other establishment serving food or drink; C. A motion picture house, theater, concert hall, stadium or other place of exhibition or entertainment; D. An auditorium, convention center, lecture hall or other place of public gathering; E. A bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental establishment; F. A laundromat, dry cleaner, bank, barbershop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a healthcare provider, hospital or other service establishment; G. A terminal, depot or other station used for specified public transportation; H. A museum, library, gallery or other place of public display or collection; I. A park, zoo, amusement park or other place of recreation; J. A nursery, elementary, secondary, undergraduate or postgraduate private school or other place of education; K. A daycare center, senior citizen center, homeless shelter, food bank, adoption agency or other social service center establishment; and L. A gymnasium, health spa, bowling alley, golfcourse or other place of exercise or recreation. http://www.sterlingcodifiers.com/codebook/getBookData.php?i d=&chapter_id=15759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 5 of 17 REFERRAL: 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. RESPONDENT: That person against whom a complaint has been filed with the commission. RETALIATION: Any act directed at a complainant or other person with the intent of affecting that person unfavorably because of his formal or informal efforts to secure or aid in securing compliance with this chapter. SEXUAL ORIENTATION: Actual or perceived heterosexuality, homosexuality, or bisexuality. UNFAIR PRACTICE OR DISCRIMINATORY PRACTICE: Those practices specified as unfair or discriminatory in this chapter. (Ord. 4064, 1-3-1995; amd. Ord. 4891, 11-13-2007) 5-3-3: UNFAIR EMPLOYMENT PRACTICES: A. It shall be an unfair or discriminatory practice for any: 1. Person to refuse to hire, accept, register, classify or refer for employment, to discharge any employee or to otherwise discriminate in employment against any applicant for employment or any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, 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 subsection. 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, sexual orientation, gender identity, 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 or publicize that individuals of any particular age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability are unwelcome, objectionable, not acceptable or not solicited for employment or membership unless based on the natureof 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 subsection. An employer, employment agency or their employees, servants or agents may offer http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15 759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 6 of 17 employment or advertise for employment to only the disabled, when 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, sexual orientation, gender identity, or national origin. (Ord. 4891, 11-13- 2007) 4. Person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus or to affect the terms, conditions or privileges of employment or terminate the employment of any employee solely as a result of the employee obtaining a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization or their employees, agents, or members and an employee or prospective employee concerning employment, pay or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this subsection do not apply if the state epidemiologist determines and the director of public health declares through the utilization of guidelines established by the centers for disease control of the United States department of health and human services, that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human immunodeficiency virus to other persons in a specific occupation. B. Employment policies relating to pregnancy and childbirth shall be governed by the following: 1. A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this chapter. 2. Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to the employee's pregnancy or giving birth, onthe same terms and conditions as they are applied to other temporary disabilities. 3. Disabilities caused or contributed to by legal abortion and recovery therefrom are, for all job related purposes, temporary disabilities and shall be treated as such under any temporary disability or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under any temporary disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to legal abortion on the same terms and conditions as they are applied http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 7 of 17 to other temporary disabilities. The employer may elect to exclude health insurance coverage for abortion from a plan provided by the employer, 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. 4. An employer shall not terminate the employment of a person disabled by pregnancy because of the employee's pregnancy. 5. Where a leave is not available or a sufficient leave is not available under any health or temporary disability insurance or sick leave plan available in connection with employment, the employer of the pregnant employee shall not refuse to grant to the employee who is disabled by the pregnancy a leave of absence if the leave of absence is for the period that the employee is disabled because of the employee's pregnancy, childbirth or related medical conditions, or for eight (8) weeks, whichever is less. However, the employee must provide timely notice of the period of leave requested and the employer must approve any change in the period requested before the change is effective. Before granting the leave of absence, the employer may require that the employee's disability resulting from pregnancy be verified by medical certification stating that the employee is not able to reasonably perform the duties of employment. C. This section shall not prohibit discrimination on the basis of age if the person subject to the discrimination is under the age of eighteen (18) years, unless that person is considered by law to be an adult. D. Notwithstanding the provisions of this section, a state or federal program designed to benefit a specific age classification which serves a bona fide public purpose shall be permissible. E. This section shall not apply to age discrimination in bona fide apprenticeship employment programs if the employee is over forty five (45) years of age. F. This section shall not apply to: 1. Any employer who regularly employs less than four (4) individuals. For purposes of this subsection, individuals who aremembers 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 members of the employer's family reside therein during such employment. 3. The employment of individuals to render personal service to the person of the employer or members of the employer's family. (Ord. 4064, 1-3-1995) http://www.sterl ingcodifiers.com/codebook/getB ookData.php?id=&chapter_id=15 759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 8 of 17 4. Any bona fide religious institution or its educational facility, association, corporation or society with respect to any qualifications for employment based on religion, sexual orientation or gender identity when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution, shall be presumed to be a bona fide occupational qualification. (Ord. 4891, 11-13-2007) 5-3-4: UNFAIR ACCOMMODATION OR SERVICE PRACTICES: 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 age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability the accommodations, advantages, facilities, services or privileges thereof, or otherwise to discriminate against any person because of age, race, creed, color, sex, sexual orientation, gender identity, 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 age, race, creed, color, sex, sexual orientation, gender identity, 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, sexual orientation or gender identity when such qualifications are related to a bona fide religious purpose. (Ord. 4891, 11-13-2007) 2. The rental or leasing to transient individuals of less than six (6) rooms within a single housing accommodation by the occupant or owner of such housing accommodation if the occupant or owner or members of that person's family reside therein. (Ord.4064, 1- 3-1995) 5-3-5: UNFAIR CREDIT PRACTICES: A. It shall be an unfair or discriminatory practice for any: http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 9 of 17 1. 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, sexual orientation, gender identity, physical disability or familial status. 2. Person authorized or licensed to do business in the state pursuant to Iowa Code chapters 524, 533, 534, 536 or 536A 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, sexual orientation, gender identity, physical disability or familial status. 3. 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, sex, sexual orientation, gender identity, or familial status. 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 Iowa Code chapters 505 to 523H. B. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this chapter. (Ord. 4891, 11-13-2007) 5-3-6: UNFAIR OR DISCRIMINATORY EDUCATIONAL INSTITUTION PRACTICES: It shall be an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in any program or activity. Such discriminatory practices shall include, but not be limited to, the following practices: A. 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. Denial of comparable opportunity in intramural and interscholastic athletic programs. C. Discrimination among persons in employment and the conditions of employment. http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 10 of 17 • 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. Nothing in this section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based on religion, sexual orientation or gender identity when such qualifications are related to a bona fide religious purpose or any institution from admitting students of only one sex. (Ord. 4891, 11-13-2007) 5-3-7: EXCEPTIONS TO SEX OR AGE PROVISIONS2: A. The provisions of this chapter relating to discrimination because of age do not apply to a retirement plan or benefit system of an employer unless the plan or system is a mere subterfuge adopted for the purpose of evading this chapter. However, a retirement plan or benefit system shall not require the involuntary retirement of a person under the age of seventy (70) because of that person's age. This section does not prohibit the following: 1. The involuntary retirement of a person who has attained the age of sixty five (65) and has for the two (2) 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 ($27,000.00). This retirement benefit test may be adjusted according to the regulations prescribed by the United States secretary of labor pursuant to public law 95-256, section 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 excludecoverage 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 http://www.sterl ingcodifiers.com/codebook/getB ookData.php?id=&chapter_id=15 759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 11 of 17 participating employees or may provide for employer contributions differing by age if the benefits for all the participating employees do not vary by age. (Ord. 4064, 1-3-1995) 5-3-8: AIDING OR ABETTING: It shall be an unfair or discriminatory practice for: 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 chapter. 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, sexual orientation, gender identity, national origin, religion or disability by this chapter because such person has lawfully opposed any practice forbidden under this chapter, obeys the provisions of this chapter or has filed a complaint, testified or assisted in any proceeding under this chapter. 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, sexual orientation, gender identity or national origin. (Ord. 4891, 11-13- 2007) 5-3-9: 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 attempt to secure compliance with this chapter 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, sex, sexual orientation, gender identity, disability or age. (Ord. 4891, 11-13-2007) http://www.sterlingcodifiers.com/codebook/getBookData.php?i.d=&chapter_i.d=15 759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 12 of 17 5-3-10: 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 nonprofit 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 chair, 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. Prior to investigation, complainant and respondent may agree to mediation. B. 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 chapter, if it alleges discriminatory acts within this city. C. 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. D. 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. E. 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. F. 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. (Ord. 4064, 1-3-1995) 5-3-11 : CONCILIATION: http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 13 of 17 A. Prior to a finding of probable cause, the person investigating the complaint may enter into the mediation 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 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 the respondent's 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 civil rights commission of the failure to conciliation efforts and of the action taken. (Ord. 4064, 1-3- 1995) 5-3-12: 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. http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15 759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 14 of 17 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 this chapter 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 partin 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 section 17A.14(1). 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. http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 15 of 17 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 transcriptionthereof shall be filed with and maintained by the commission for at least five (5) years from the date of decision. Notice of public hearing shall be disseminated among local news media at least five (5) 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 subsection 2-10-5G of this code. K. If the decision under subsection J of this section 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 or including separate findings and remedy. Decisions shall be sent by certified mail to the parties of record. For the purposes of this section, 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 http://www.sterlingcodifiers.com/codebooldgetBookData.php?id=&chapter_id=15759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 16 of 17 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. (Ord. 4064, 1-3-1995) 5-3-13: 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 Iowa Code section 17A.19. Thereafter, Iowa Code chapter 17A, 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. (Ord. 4064, 1-3-1995) 5-3-14: SIXTY DAY ADMINISTRATIVE RELEASE: A. A person claiming to be aggrieved by an unfair or discriminatory practice must initially seek an administrative relief by filing a complaint with the commission in accordance with this chapter. A complainant, after the proper filing of a 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 chapter; and http://www.sterl ingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15759&ke... 3/22/2010 Sterling Codifiers, Inc. Page 17 of 17 2. The complaint has been on file with the commission for at least sixty (60) days and the commission has issued a release to the complainant pursuant to subsection B of this section. B. Upon a request by the complainant, and after the expiration of sixty (60) days from the timely filing of a complaint with the commission, the commission shall issue to the complainant a release stating that the complainant has a right to commence an action in the district court. A release under this subsection shall not be issued if a finding of no probable cause has been on the complaint, a conciliation agreement has been executed or the commission has served notice of hearing upon the respondent pursuant to this chapter. C. An action authorized under this section is barred unless commenced within ninety (90) days after issuance by the commission of a release under subsection B of this section or within one year after the filing of the complaint, whichever occurs first. If a complainant obtains a release from the commission under subsection B of this section, the commission shall be barred from further action on that complaint. (Ord. 4064, 1-3-1995) Footnotes - Click any footnote link to go back to its reference. Footnote 1: See title 2, chapter 10 of this code. Footnote 2: IC § 216.13. http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=15 759&ke... 3/22/2010 29 C.F.R. §1601 .70(a)(2)(c)(1 ) City of Waterloo Organizational Chart