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HomeMy WebLinkAbout2513-12.22.1969 • ORDINANCE NO. A Si / a - , �?�'_'j"7E 57 WATERLOO HUMAN RIGHTS ORDINANCE AN ORDINANCE ESTABLISHING THE HUMAN RIGHTS COMMISSION, ESTABLISHING ITS RULES AND POWERS, DEFINING UNFAIR PRACTICES, SETTING OUT PROCEDURES FOR FILING OF COMPLAINTS, INVESTIGATION AND HEARING THEREON, THE ISSUANCE OF ORDERS TO CEASE AND DESIST FROM UNFAIR OR DISCRIMINATORY PRACTICES AND TO TAKE AFFIRMATIVE ACTION FOR INJUNCTIVE RELIEF, AND REPEALING CERTAIN ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that: ARTICLE ONE. HUMAN RIGHTS COMMISSION. Section 101. Human Rights Commission. The Waterloo Human Rights Commission shall consist of ten members, appointed by the Mayor with the advice and consent of the City Council. Four of the first appointees shall serve until January 1, 1973, three shall serve until January 1, 1972, and three shall serve until January 1, 1971. Subsequent appointees shall serve for a term of three years and thereafter until a successor has been appointed. Vacancies shall be filled for the remainder of the unexpired term. Appointments shall take into consideration the various racial, religious, cultural and social groups in the city. Section 102. Compensation, Expenses. The members of the Commission shall serve without compensation, provided that they may receive actual and necessary expenses incurred, within the limits established in the city budget. Section 103. Election of Officers. The Commission shall elect from its own membership at its regular January meeting its chairman and vice-chairman each to serve for a term of one year. It shall at its regular January meeting elect a. secretary, who may be, but need not be, a member of the Commission. The Commission shall fill vacancies among its officers for the remainder of the unexpired term. Section 104. Meetings, rules, quorum. 1. The Commission shall hold at least one regular meeting during each calendar month, at a time and place to be determined by its rules. 2. The chairman, the vice-chairman, or any three members of the Commission may call a special meeting by giving at least one (1) clear day notice to every member of the Commission. The call for a. special meeting shall include an agenda, and only matters included in that agenda may be discussed at the meeting. 3. A quorum of the commission shall be six members. A majority of the members present and voting shall be necessary for the passage of any motion. The chairman shall vote as a member Of the Commission. 4. The Commission may adopt, amend, or rescind such rules as may be necessary for the conduct of its business. Section 105. Public meetings and records; exceptions. 1. All meetings of the Commission shall be public meetings, except: a. the Commission may hold a closed session by affirmative vote of two-thirds (2/3) of its members present, the votes on 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, but any motion decided in such session shall be voted on by yeas and nays and shall be recorded in the minutes; and b. the Commission shall h91d a. closed session for consideration of any charge or complaint, as provided in Article Three of this ordinance, and for deliberations in connection with a public hearing held pursuant to complaint filed by the Commission. -2- 2. All records of the Commission shall be public, except: a. charges, complaints, reports of investigations, statements and other documents or records obtained in investigation of any charges shall be closed records; and b. the minutes of any session which is closed under the provisions of section 105 (1) (b) of this ordinance shall be closed records. 3. No member of the Commission or of its staff shall disclose the filing of a charge, 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 such investigation or after the Commission has held a public hearing upon a complaint filed in connection with such charge. This section does not prevent any complainant, witness, or other person from publicizing the filing of a charge or complaint or the matter therein complained of. Section 106. Authority to appoint staff. The Commission shall appoint and prescribe the duties of its director and other members of its staff. Section 107. Powers of Commission. The Commission shall have the following powers and duties: 1. To receive, investigate, and pass upon charges or complaints alleging unfair or discriminatory practices, as provided in Article Three of this ordinance. 2. 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, and housing in this city and to attempt the elimination of such discrimination by education and conciliation. 3. To issue such publications and reports of investigations and research as in the judgment of the commission shall tend to promote good will among the various racial, religious, and ethnic groups of the city and which shall tend to minimize or eliminate discrimination in public accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, or housing because of race, creed, color, national origin, religion, or ancestry. 4. To prepare and transmit to the mayor and council from time to time, but not less often than once each month„ reports describing its proceedings, investigations, hearings conducted and the outcome thereof, decisions rendered, and the other work performed by the Commission. 5. To make recommendations to the mayor and council for such further legislation concerning discrimination because of race, creed, color, national origin, religion, or ancestry as it may deem necessary and desirable. 6. To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of this ordinance, and in the planning and conducting of programs designed to eliminate racial, religious, cultural and intergroup tensions. Section 108. Declaration of policy. The Waterloo Human Rights Commission shall cooperate with the Iowa State Civil Rights Commission, the United States Civil Rights Commission, the federal Equal Employment Opportunity Commission and other agencies with similar purposes. -3- ARTICLE TWO. UNFAIR PRACTICES DEFINED. Section 201. Unfair practices--accommodations or services. 1. 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: a. To refuse to deny to any person because of race, creed, color, national origin, or religion the accommodations, advantages, facilities, services, or privileges thereof, or otherwise to discriminate against any person because of race, creed, color, national origin, or religion in the furnishing of such accommodations, advantages, facilities, services, or privileges. b. To directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any particular race, creed, color, national origin, or religion is unwelcome, objectionable, not acceptable, or not solicited. 2. "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, establishment, 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 of use. 3. This section shall not apply to: a. Any bona fide religious institution with respect to any qualifications the institution may impose based on religion when such qualifications are related to bona fide religious purpose. b. 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. Section 202. Unfair employment practices. 1. It shall be an unfair or discriminatory practice for any: a. Person to refuse to hire, accept, register, classify, upgrade 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 race, creed, color, national origin, or religion of such applicant or employee. b. Labor organization or the employees, agents, or members thereof to refuse to admit to membership, apprenticeship or training any applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprenticeship or training or any member in the privileges, rights, or benefits of such membership, apprenticeship or training because of the race, creed, color, national origin, or religion of such applicant or member. c. 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 race, creed, color, national origin, or religion are unwelcome, objectionable, not acceptable, or not solicited for employment or membership. 6 -4- 2. a. "Employee" means any person employed by an employer. b. "Employer" means the City of Waterloo or any board, commission, department, or agency thereof, and every other person employing employees whose employment or any part thereof is within this city. c. "Employment agency" means any person undertaking to procure employees or opportunities to work for any other person or any person holding himself or itself 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, of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protection in connection with employment. 3. This section shall not apply to: a. Any employer who regularly employs less than four individuals. For purposes of this subsection, individuals who are members of the employer's family shall not be counted as employees. b. The employment of individuals for work within the home of the employer if the employer or members of his family reside therein during such employment. c. The employment of individuals to render personal service to the person of the employer or members of his family. d. Any bona fide religious institution with respect to any qualifications for employment based on religion when such qualifications are related to a, bona fide religious purpose. Section 203. Unfair Housing Practice. 1. It shall be an unfair or discriminatory practice for 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,yleed of 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 the race, color, creed, religion, or national origin of such person. b. To discriminate against any person because of his race, color, creed, religion or national origin, 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, religion, or national origin is unwelcome, objectionable, not acceptable or not solicited. 2. The provision of subsection one (1) of this section shall not apply to: a. Any bona. fide religious institution with respect to any qualifications it may impose based on religion, when such qualifications axe related to a bona fide religious purpose. -5- b. The rental or leasing of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the owner or members of his family reside in one (1) of such housing accommodations. c. The rental or leasing of less than six (6) rooms within a single housing accommodation by the occupant or owner of such housing accommodation, if he or members of his family reside therein. Section 204. Aiding or abetting. It shall be an unfair or discriminatory practice for: 1. 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. 2. Any person to discriminate against another person in any of the rights protected against discrimination on the basis of race, creed, color, national origin, or religion 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 charge, testified, or assisted in any proceeding under this ordinance. ARTICLE THREE. ENFORCEMENT. Section 301. Charge. 1. Any person claiming to be aggrieved by a discriminatory or unfair practice within this city may, by himself or his attorney, make, sign, and file a verified written charge of discriminatory practice. The Commission, a member of the Commission, the city attorney, or the Iowa State Civil Rights Commission may in like manner make, sign and file such charge. Any place of public accommodation, employer, labor organization, or other person who has any employees or members who refuse or threaten to refuse to comply with the provisions of this ordinance may in like manner make, sign, and file such charge. 2. A verified copy of a complaint filed with the Iowa State Civil Rights Commission under the provisions of Chapter one hundred five a (105A) of the Code of Iowa., 1966, as amended, shall be a sufficient charge for the purpose of this ordinance, if it alleges either in the text thereof or in accompanying statements that the alleged discriminatory practices occurred within this city. 3. Charges may be filed with any member of the commission, with the director or secretary of the commission or with the city clerk. 4. Any complaint filed under this ordinance shall be so_ filed within sixty (60) days after the most recent act constituting the alleged discriminatory or unfair practice. Section 302. Notice to Iowa. State Civil Rights Commission. 1. The secretary of the commission shall immediately notify the Iowa. State Civil Rights Commission in writing of the filing of a charge under this ordinance by forwarding a copy of the charge, and shall provide such other and further information thereon as from time to time the Commission shall deem proper. 2. Whenever this ordinance requires the Commission or its secretary to notify the Iowa State Civil Rights Commission of any matter, it shall be the duty of the secretary of the Commission to transmit such notice or information in writing within five (5) days of the event giving rise to the duty to give notice or information. i -6- t� Section 303. Investigation for probable cause; conciliation. 1. Within five (5) days after the filing ofa charge, the chairman of the Commission, or in his absence or failure to art the- vice-chairman or other member designated by the Commission, shall designate two or more members of the Commission and one or more members of the staff of the Commission to investigate the charge. This person or persons are hereafter designated as the "investigating committee." If two or more persons are members of the investigating committee, the vote of a majority shall determine all questions. If the members of the investigating committee are equally divided on some issue, the chairman of the investigating committee shall have an additional casting vote. 2. The investigating committee shall first determine whether probable cause exists to believe that the person charged in the charge has committed an unfair or discriminatory practice. It shall take the sworn testimony of the complainant and such other evidence as it deems relevant. The proceedings of the investigating committee shall be in executive session. Section 304. Proceedings upon finding of no probable cause. 1. If the investigating committee shall find no probable cause to believe that the person charged has committed an unfair or discriminatory practice, it shall report the same to the Commission and shall notify the complainant in writing by registered or certified mail. 2. If the complainant fails to object to such findings within ten (10) days of delivery of such written notice, the Commission shall close the case. The secretary of the Commission shall report such fact to the Iowa. State Civil Rights Commission. 3, If the complainant objects in writing to such findings within ten (10) days of delivery of such written notice, the Commission shall hear his evidence in an executive session. If the Commission finds no probable cause to believe that the person charged has committed an unfair or discriminatory practice, it shall declare the case closed. If the Commission finds probable cause to exist, it shall take further proceedings as are provided in sections 305 and following of this ordinance. Section 305. Proceedings upon report or finding of probable cause. 1. If the investigating committee shall find probable cause to believe that the person charged has committed an unfair or discriminatory practice, it shall report the same to the Commission. 2. If the Commission shall find, on the report of the investigating committee or on its own investigation as provided in section 304 (3) of this ordinance, probable cause to believe that the person charged has committed an unfair or discriminatory practice as defined by this ordinance, it shall direct appropriate person or persons to attempt to conciliate the matter, and it shall issue and cause to be served upon such person charged a notice stating the charges against such person and requesting the cooperation of the person charged in conciliation. Service of the notice may be registered or certified mail or by any means provided for the service of original notices in civil actions. Section 306. Proceedings toward conciliation. 1. If the person or persons directed to conciliate succeed in conciliation, they shall report to the Commission and shall submit a proposed written conciliation agreement. The conciliation agreement shall be effective only if approved by the person charged and by the Commission. The complainant shall have an opportunity to be heard as to the terms of the conciliation agreement shall be effective only if approved by the person charged and by the Commission. The complainant shall have an opportunity to be heard as to the terms of the conciliation agreement, but the Commission may act without his approval. • 2. If the Commission accepts the-7- conciliation agreement, it shall close the case, subject to whatever continuing supervision of the charged party is provided in the agreement. If the Commission accepts the conciliation agreement, it shall communicate the terms of the agreement to the Iowa State Civil Rights Commission. 3. If the Commission rejects the conciliation agreement, it may either direct that further attempts at conciliation be made or it may file its complaint of the discriminatory practice charged and proceed as provided in sections 308 and following of this ordinance. it shall notify the Iowa State Civil Rights Commission of the rejection of the proposed agreement and of the action taken. Section 307. Proceedings upon failure to conciliate. If after attempts to conciliate the person or persons directed to conciliate shall find that they are unable to conciliate the matter, they shall report the same in writing to the Commission. If the Commission determines the charge to be well founded, it may then file its complaint of the discriminatory practice charged. If the Commission determines the charge not to be well founded, it shall declare the case closed and shall so notify the parties. In either event, the Commission shall notify the Iowa State Civil Rights Commission of the failure of conciliation efforts and of the action taken. Section 308. Public hearing. 1. Upon filing the complaint, the Commission shall issue and cause to be served on the person charged a notice, containing a copy of the complaint and a notice of the time and place at which the hearing will be held on the complaint. The hearing must be held not less than ten (10) days after the issuance of the notice and must be held in a building open to the public in this city. The Commission may adjourn the hearing from time to time. 2. The person charged shall have the right to file a written answer to the complaint, to appear in person or by attorney at the hearing, to testify, to call witnesses in his behalf, and to cross-examine any witnesses who appear. 3. The Commission shall have the power to reasonably and fairly amend the complaint and the party charged shall have the power to reasonably and fairly amend his answer at any time before a final order is entered in the case. 4. The city attorney or an attorney designated by him shall conduct the case on behalf of the Commission. If the city attorney is unable to conduct the case by reason of conflict of interest or otherwise(„ the City Council may appoint a special attorney to conduct the case on behalf of the Commission. The complainant may introduce further evidence to support the claims alleged in his charge, either in person or by attorney. No member of the investigating committee shall participate in the deliberations of the Commission on the case except as a witness. 5. If the person charged shall fail to file an answer to the complaint, or shall fail to appear in person or by attorney at the hearing, the Commission shall proceed to consider the testimony offered and shall base its decision thereon. 6. The evidence shall be taken under oath. The Commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity, but the right of cross-examination shall be preserved. Section 309. Remedy. If upon the preponderance of the testimony taken, the Commission shall be of the opinion that any person charged in the complaint has engaged in or is engaging in the unfair or discriminatory practice complained of, then the Commission shall state its findings of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair or discriminatory practice, and to take such affirmative action (including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without back pay, the referring of applicants for employment by any respondent employment agency, the admittance or restoration to membership by any respondent labor organization, the admission to or continuation in enrollment in an apprenticeship program, on-the-job training program, 6 -8- the posting of notices, the reinstatement of any offer to sell, rent, or lease property, the placing of the complainant on a waiting list as of the date of the unfair or discriminatory practice complained of, to show property being offered for sale, rental or lease) as is required to remedy the unfair or discriminatory practice complained of. If on the preponderance of the testimony taken, the Commission shall not be of the opinion that any person charged in the complaint has engaged in or engaging in the unfair or discriminatory practice complained of, then the Commission shall state its findings of fact and shall close the case. It shall issue and cause to be served on the complainant and on the party charged an order to such effect. Section 310. Suit to enforce. The Commission may within two (2) years after the entry of any order under section 309 of this ordinance, direct the city attorney to bring a suit in the district court of this county (or in any other court which may have jurisdiction over the party charged) for an injunction to compel obedience to its order. Section 311. Provisional remedies. If, any time after the filing of a complaint, it shall appear to the Commission that there is reason to believe that the party charged has violated this ordinance and there is reason to believe that the person charged is about to do acts which would make impossible his compliance with an order of the Commission to alleviate the grievance, the Commission may direct its attorney to seek a temporary injunction restraining the party charged from doing these acts pending completion of the proceedings under this ordinance. If the Commission seeks and obtains such a temporary injunction, the person charged may require the Commission to complete action on the case within seven (7) days or such longer period as he shall specify. ARTICLE FOUR. GENERAL PROVISIONS. Section 401. Definitions. When used in this ordinance, unless the context otherwise requires: 1. "Commission" means the Waterloo Human Rights Commission. 2. "Complainant" means a. person who has filed a charge as provided by section 301 of this ordinance. 3. "Family" means any individual and his spouse, and the lineal ascendants and descendants of either who live in the same household. 4. "Person" means one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, and the City of Waterloo or any board, commission, department or agency thereof. 5. "Person charged" means a person who is alleged to have committed an act prohibited by Article Two of this ordinance, against whom a charge or complaint has been filed, as provided in Article Three of this ordinance. or resolutions Section 4028r Repe l rd Ordinance No. 2453 , and all other ordinances/or parts of ordinances in con lict with the provisions of this ordinance are hereby repealed. Section 403. Short Title. This ordinance may be cited as the "Waterloo Human Rights Ordinance." Section 404. Effective Date. This ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and adopted this (2a/.ke0C. day of )n 2:) ,1969. ATTEST: ` Mayor City Clerk i _, _ 5tr-- ?67. r J,I ATE OF IOWA, SS - �ouriex Publisher of the Walexloq POIV . er Tinted in the .English Black Hawk County, a daily newspap P fished in Waterloo, Black Hawk County, Iowa do solemnly swear that language and publ pr,dinance , ;t,1 ': the annexed copy hsh language ably: 014 -y'` notice was published in the Eng WATERLOO HUMAN NIGHTS once a______________ ____for____________ _ consecutive______________________ ORDINANCE NO, 2513 - 19 ____ HUMAN RIGHTS COMMISSION, ____ ORDINANCE AN ORDINANCE ESTABLIS4iiNG THE day of ------------------ MMISSION, ES commencing on the____________ ___ y1 T DEFINING NING UNFAIR PROCEDURE AND POWERS,SET 11oC_ m_____ 2� - -- TABLISHING ITS RULE - --- -- - OUT RACTICES, SET- _-___ ___t___ ES FOR PILING in the issues o COMPLAINTS, INVESTIGATION f of said newspaper, an d h OF IGATION DISCRIM- INATORY PRANCE OF ACTICES AND T E IA D AND HEARING THEREON,,TH �' IscRtheregular legal rate of DESIST o TAKE that the annexed rate of advertising is regular bill for pub- AFFIRMATIVE ACTION FOR INJUNC- TIVE RELIEF, AND REPEALING CER- said newspaper, and that the following TAIN ORDINANCES. BE IT ORDAINED BY THE CITY 'COUNCIL OF THE CITY OF'WATERLOn lishing said notice. IOWA, that: i .��C j ARTICLE.ONE Printer's Bill 1 i HUMAN RIGHTS COMMISSION Section 101. Human Rights Commission. The Waterloo Human Rights Commission shall consist of ten members, appointed ' by the Mayor with the advice and con- ,, sent of the City Council. Four of the me this day first. appointees shall serve until Janu- ary 1, 1973, three shall serve until Janu- A O ary 1, 1972, and three shall serve until ;ran nlryn_Y+ A. D,, 19 , January 1, 1971. Subsequent appointees shall serve for o term of three years of may_ . ___ and thereafter until a Or has neon ---- �"It" // NotarY Pub110 appointed. Vacancies shall be filled for (((/// the remainder of the unexpired term. Appointments shall take Into considera- tion the various racial, religious, cut tural and social groups in the city. •- Section 102. Compensation, Expenses. The members of the Commission shall Received of Dollars serve without compensation, provided - that they may receive actual and neces- the sum of sary expenses incurred, within the limits established in the clty elect budget. Section 103. Election of Officers. The in full for publication of the above notice. Commission shall elect from its own membership chat m its regular January meet- publishers ing its chairman and vice-chairman each to serve for a term of one year. It shall at its regular January meeting elect a secretary,who may be, but need not oe, • a member of the Commission. The Com- mission shall fill vacancies among its / officers for the remainder of the.unex-' Aired term. Section 104. Meetings, rules, quorum., 1. The Commission shall hold at least] _gone regular meeting during each Galen-' Massed and adopted tills 22nd day o4 nl eeeunben. 1969. M/aten&oo 21 ig6,ts ChdinaneE JO. 2513 City 01 6LUate400 COlith iSsioN OA g4upyort 6ig(lt9 WATERLOO HUMAN RIGHTS ORDINANCE AN ORDINANCE ESTABLISHING THE HUMAN RIGHTS COMMISSION, ESTABLISHING ITS RULES AND POWERS, DEFINING UNFAIR PRACTICES, SETTING OUT PROCEDURES FOR FILING OF COMPLAINTS, INVESTIGATION AND HEARINGS THEREON, THE ISSUANCE OF ORDERS TO CEASE AND DESIST FROM UNFAIR OR DISCRIMINATORY PRACTICES AND TO TAKE AFFIRMATIVE ACTION FOR INJUNCTIVE RELIEF, AND REPEALING CERTAIN ORDINANCES. p.1 WATERLOO HUMAN RIGHTS ORDINANCE ORDINANCE NO. 2513 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that: ARTICLE ONE. HUMAN RIGHTS COMMISSION. Section 101. Human Rights Commission. The Waterloo Human Rights Commission shall consist of ten members, appointed by the Mayor with the advice and consent of the City Council. Four of the first appointees shall serve until January 1, 1973 three shall serve until January 1, 1972, and three shall serve until January 1,1971. Subsequent appointees shall serve for a term of three years and thereafter until a successor has been appointed. Vacancies shall be filled for the remainder of the unexpired term. Appointments shall take into consideration the various racial, religious, cultural and social groups in the city. Section 102. Compensation, Expenses. The members of the Commission shall serve without compensation, provided that they may receive actual and necessary expenses incurred, within the limits established in the city budget. Section 103. Election of Officers. The Commission shall elect from its own membership at its regular January meeting its chairman and vice-chairman each to serve for a term of one year. It shall at its regular January meeting elect a secretary, who may be, but need not be, a member of the Commission. The Commission shall fill vacancies among its officers for the remainder of the unexpired term. Section 104. Meetings, rules, quorum. 1. The Commission shall hold at least one regular meeting during each calendar month, at a time and place to be determined by its rules. 2. The chairman, the vice-chairman, or any three members of the Commission may call a special meeting by giving at least one (1) clear day notice to every member of the Commission. The call for a special meeting shall include an agenda, and only matters included in that agenda may be discussed at the meeting. 3. A quorum of the commission shall be six members. A majority of the members present and voting shall be necessary for the passage of any motion. The chairman shall vote as a member of the Commission. 4. The Commission may adopt, amend, or rescind such rules as may be necessary for the conduct of its business. p.3 Section 107. Powers of Commission. The Commission shall have the following powers and duties: 1. To receive, investigate, and pass upon charges or complaints all- eging unfair or discriminatory practices, as provided in Article Three of this ordinance. 2. To investigate and study the existence, character, causes, and ex- tent of discrimination in public accommodations, employment, apprenticeship programs, on-the-job training programs, vocational school, and housing in this city and to attempt the elimination of such discrimination by education and con- ciliation. 3. To issue such publications and reports of investigations and res- earch as in the judgment of the commission shall tend to promote good will among the various racial, religious, and ethnic groups of the city and which shall tend to minimize or eliminate discrimination in public accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, or housing because of race, creed, color, national origin, religion, or ancestry. 4. To prepare and transmit to the mayor and council from time to time, but not less often than once each month, reports describing its proceedings, investigations, hearings conducted and the outcome thereof, decisions rendered, and the other work performed by the Commission. 5. To make recommendations to the mayor and council for such further legislation concerning discrimination because of race, creed, color, national origin, religion, or ancestry as it may deem necessary and desirable. 6. To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of this ordinance, and in the planning and conducting of programs designed to eliminate racial, religious, cultural and intergroup tensions. Section 108. Declaration of policy. The Waterloo Human Rights Commission shall cooperate with the Iowa State Civil Rights Commission, the United States Civil Rights Commission, the federal Equal Opportunity Commission and other agencies with similar purposes. p.5 Section 202. Unfair employment practices. 1. It shall be unfair or discriminatory practice for any: a. Person to refuse to hire, accept, register, classify, upgrade 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 race, creed, color, national origin, or religion of such applicant or employee. b. Labor organization or the employees, agents, or members thereof to refuse to admit to membership, apprenticeship or training any applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprenticeship or training or any member it the Xrivileces, rights, or benefits of such rembership, apprenticeship or training because of the race, creed, color, national origin, or religion of such applicant or member. c. 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 race, creed, color, national origin, or religion are unwelcome, objectionable, not acceptable, or not solicited for employment or membership. 2. a. "Employee" means any person employed by an employer. b. "Employer" means the City of Water or nay board, commission, department, or agency thereof, and every other person employing employees whose employment or any part thereof is within this city. c. "Employment agency" means any person undertaking to procure employees of opportunities to work for any other person or any person holding himself or itself to be eutipped to do so. d. "Labor organization" means nay organization which exists for the purpose in whole or in part of collective bargining, of dealing with employers concerning grievances, terms, or conditions of employ- ment, or of other mutual aid or protection in connection with employment. 3. This section shall not apply to: a. Any employer who regularly employs less than four individuals. For purposes of this subsection, individuals who are members of the employer's family shall not be counted as employees. b. The employment of individuals for work within the home of the employer if the employer or members of his family reside therein during such employment. c. The employment of individuals to render personal service to the person of the employer of member of his family. p.7 Section 204. Aiding or abetting. It shall be unfair or discriminatory. practice for: 1. 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. 2. Any person to discriminate against another person in any of the rights protected against discrimination on the basis of race, creed, color, national origin, or religion 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 charge, testified, or assisted in any proceeding under this ordinance. p.9 Section 303. Investigation for probable cause; conciliation. 1. Within five (5) days after the filing of a charge, the chairman of the Commission, or in his absence or failure to act the vice-chairman or other member designated by theCommission, shall designate two or more members of theCommission and one or more members of the staff of the Commission to investigate the charge. This person or persons are hereafter designated as the "investigating committee." If two or more persons are members of the investigating committee, the vote of a majority shall determine all questions. If the members of the investigating committee are equally divided on some issue, the chairman of the investigating committee shall have an additional casting vote. 2. The investigating committee shall first determine whether probable cause exists to believe that the person charged in the charge has committed an unfair or discriminatory practice. It shall take the sworn testimony of the complainant and such other evidence as it deems relevant. The proceedings of the investigating committee shall be in executive session. Section 304. Proceedings upon finding of no probable cause. 1. If the investigating committee shall Mind no probable cause to believe that the preson charged has committed an unfair or discriminatory practice, it shall report the same to the Commission and shall notify the complainant in writing by registered or certified mail. 2. If the complainant fails to object to such findings within ten (10) days of delivery of such written notice, the Commission shall close the case. The secretary of the Commission shall report such fact to the Iowa State Civil Rights Commission. 3. If the complainant objects in writing to such findings within ten (10) days of delivery of such written notice, the Commission shall hear his evidence in an executive session. If the Commission finds no probable cause to believe that the person charged has committed an unfair or discriminatory practice, it shall declare the case closed. If the Commission finds probable cause to exist, it shall take further proceedings as are provided in sections 305 and following of this ordinance. p.11 Section 308. Public hearing. 1. Upon filing the complaint, the Commission shall issue and cause to be served on the person charged a notice, containing a copy of the complaint and a notice of the time and place at which the hearing will be held on the complaint. The hearing must be held not less than ten (10) days after the issuance of the notice and must be held in a building open to the public in this city. The Commission may adjourn the hearing from time to time. 2. The person charged shall have the right to file a written answer to the complaint, to appear in person or by attorney at the hearing, to testify, to call witnesses in his behalf, and to cross-examine any witnesses who appear. 3. The Commission shall have the power to reasonably and fairly amend the complaint and the party charged shall have the power to reasonably and fairly amend his answer at any time before a final order is entered in the case. 4. The city attorney or an attorney designated by him shall conduct the case on behalf of the Commission. If the city attorney is unable to conduct the case by reason of conflict of interest or otherwise, the City Council may appoint a special attorney to conduct the case on behalf of the Commission. The complainant may introduce further evidence to support the claims alleged in his charge, either in person or by attorney. No member of the investigating committee shall participate in the deliberations of the Commission on the case except as a witness. 5. If the person charged shall fail to file an answer to the complaint, or shall fail to appear in person or try attorney at the hearing, the Commission shall proceed to consider the testimony offered and shall base its decision thereon. 6. The evidence shall be under oath. The Commission shall not be bound by the strict rules of evidence pregailing in courts of law or equity, but the right of cross-examination shall be preserved. Section 339. Remedy. If upon the preponderance of the testimony taken, the Commission shall be of the opinion that any person charged in the complaint has engaged in or is engaging in the unfair or discriminatory practice complained of, then the Commission shall state its findings of fact and shall issue and cause to be served on such person and order requiring such person to cease and desist from such unfair or discriminatory practice, and to take such affirmative action (including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without back pay, the referring of applicants for employment by any respondent employment agency, the admittance or restoration to membership by any respondent labor organization, the admission or continuation in enrollment in an apprenticeship program, on-the-job- training program, the posting of notices, the reinstatement of any offer sell, rent, or lease property, the placing of the complainant on a waiting list as of the date of the unfair or discriminatory practice complained of, to show property being offered for sale, rental or lease) as is required to remedy the unfair or discriminatory practice complained of. If on the preponderance of the testimony taken, the Commission shall not be of the opinion that any person charged in the complaint Additional copies available from: Waterloo Commission on Human Rights City Hall Annex 400 East 6th Street Waterloo, Iowa 232-6521 Ext. 247 or 248