Updated Equity and Human Rights Commission OrdinanceCity of Dubuque
City Council
ACTION ITEMS # 5.
Copyrighted
November 18, 2024
ITEM TITLE: Updated Equity and Human Rights Commission Ordinance
SUMMARY: City Manager recommending adoption of an amended Equity
and Human Rights ordinance.
ORDINANCE Amending City Of Dubuque Code Of
Ordinances Title 8 Equity And Human Rights, Chapter 2
Equity And Human Rights Commission
SUGGUESTED Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Staff Memo
3. Ordinance
Page 1418 of 1454
THE CITY OF
DUBE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Updated Equity and Human Rights Commission Ordinance
DATE: November 14, 2024
Dubuque
AI WIN av
2007-2012.2013
2017*2019
Chief of Equity and Human Rights Gisella Aitken-Shadle is recommending adoption of
an amended Equity and Human Rights ordinance.
On November 12, 2024, the Commission of Equity and Human Rights unanimously
voted to present an updated version of the Equity and Human Rights Ordinances to City
Council for their approval.
In months prior to this meeting, the Commission had met and worked together with the
support of City Attorney Crenna Brumwell to move this matter forward and have an
updated ordinance that reflects and supports the work that this commission is tasked
with.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gisella Aitken-Shadle, Chief of Equity and Human Rights
Page 1419 of 1454
THE CF
D!Uj--B E
EQUITY & HUMAN RIGHTS
TO: Michael Van Milligen, City Manager
FROM: Dr. Gisella M. Aitken-Shadle, Chief of Equity and Human Rights
SUBJECT: Updated Equity and Human Rights Commission Ordinance
DATE: November 14, 2024
Dubuque
All•Anerice Ci7
2007-2012-2013
2017*2019
INTRODUCTION
The purpose of this memo is to present the recommendations made on behalf of the Equity and
Human Rights Commission to update the Equity and Human Rights Ordinances.
BACKGROUND
On November 12,2024 the Commission of Equity and Human Rights unanimously voted to
present an updated version of the Equity and Human Rights Ordinances to City Council for their
approval.
In months prior to this meeting, the Commission had met and worked together with the
support of City Attorney, Crenna Brumwell to move this matter forward and have an updated
ordinance that reflects and supports the work that this commission is tasked with.
DISCUSSION
The purpose section of this ordinance was updated to more accurately the role and duties of
the commissioners along with the following sections:
Section 8-2-2: The purpose
Section 8-2-3: Internal organization and rules
Section 8-2-9: Officers; organization
Section 8-2-10: Meetings
Section 8-2-13: Powers, Duties and Responsibilities
Section 8-2-15: Confidentiality of complaints and investigatory materials
Section 8-2-16: Subpoenas
BUDGET IMPACT
There is no impact on the budget.
Page 1420 of 1454
REQUESTED ACTION
I respectfully recommend the City Council approve the recommendations of the Equity and
Human Rights Commission to update the ordinance.
Attachment
EHRC Ordinance attached
Page 1421 of 1454
Prepared by: Crenna M. Brumwell, Esq, 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 61 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 EQUITY AND
HUMAN RIGHTS, CHAPTER 2 EQUITY AND HUMAN RIGHTS COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 8, Chapter 2 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
8-2-2: PURPOSE:
The purpose of the commission is to establish a human rights commission in conformance
with the Iowa Civil Rights Act, to declare the public policy of nondiscrimination in the city;
to provide for educational programs to prevent and eliminate discrimination in the city;
and to cooperate with the Iowa Civil Rights Commission in the fulfillment of contractual
obligations and the enforcement process.
8-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational procedures
as may be necessary and which are not in conflict with this code or the Iowa Code. The
Commission has adopted Administrative Rules which shall govern the work of the body
and the enforcement process.
8-2-9: OFFICERS; ORGANIZATION:
A. Chair and Vice Chair. The commissioners must choose annually a chairperson and
vice chairperson, each to serve a term of one year.
B. Vacancies in Chair and Vice Chair. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term.
C. Secretary. A city staff member shall serve as secretary.
8-2-10: MEETINGS:
A. Regular Meetings: The commission will be scheduled to meet monthly and must
meet at least once per quarter.
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more meetings
of the commission, without being excused by the chairperson, such absence will
be grounds for the commission to recommend to the city council that the position
be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
3. Remote attendance is allowed; arrangements should be made with city staff
in advance of the meeting.
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after approval
by the commission, or by the next regularly scheduled city council meeting, whichever is
later.
F. Quorum: Five (5) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and voting is
necessary for the adoption of any motion or resolution.
8-2-13: POWERS, DUTIES, AND RESPONSIBILITIES:
The commission serves in an advisory capacity to the City Council and has the following
powers, duties, and responsibilities:
A. To study the existence, character, causes, and extent of inequity and
discrimination in public accommodations, credit transactions, employment,
apprenticeship programs, on the job training programs, vocational schools, other
educational institutions, and housing in the city and to attempt the elimination of such
inequity and discrimination through education, conciliation, and recommended changes
to policy and practice.
B. To form subcommittees to address specifically identified goals or needs in the
community related to the elimination of inequity and discrimination.
C. To attend events and training opportunities both within the community and beyond.
D. To actively promote human rights to various groups in the community including
governmental bodies, clubs, schools, and media.
E. To assist the City Manager, upon request, in the recruitment and selection of staff.
F. To work with the staff appointed by the City Manager to:
1. Review and provide feedback to city staff on the annual report prepared for
transmission to the Mayor and City Council describing the work performed by the
staff and the commission;
2. Discuss, develop, and submit budget requests in furtherance of the
objectives and goals of the Commission and Department;
3. Review at the regular meetings intake and complaint data.
4. As needed, prepare for public hearings by attending training on the
procedures outlined in the Administrative Rules for conducting a hearing.
G. To make recommendations to the City Council concerning advancing equity,
promoting inclusion, and addressing discrimination in order to improve quality of life,
livability and equity for all residents, including the adjustment or adoption of regulations
consistent with and necessary for the civil rights enforcement provisions of this Title.
H. 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, in the planning and conducting of programs designed to
advance equity or eliminate discrimination or cultural and intergroup tensions.
I. To receive, administer, dispense, and account for any restricted funds that may be
donated to the commission and any grants that may be awarded the commission for
furthering the purposes of this title. No disbursements will be made of any restricted funds
without authority from the City Council.
J. On occasion, and pursuant to this Title, the adopted Administrative Rules, the City
contract with the Iowa Civil Rights Commission, and the Iowa Code, hold hearings upon
a complaint made against a covered person or entity alleging a violation of the protections
afforded by this Title for which conciliation efforts have failed to resolve the complaint.
8-2-15: CONFIDENTIALITY OF COMPLAINTS AND INVESTIGATORY MATERIALS:
No member of the commission will 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.
8-2-16: SUBPOENAS:
The staff assigned to the commission may issue subpoenas and order discovery in aid of
investigations under this title pursuant to the Administrative Rules. Such subpoenas and
discovery may be ordered to the same extent and subject to the same limitations as would
apply for county attorney subpoenas.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 181h day of November, 2024.
�� _
.� .•:•
Attest:
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
8-2-2: PURPOSE:
The purpose of the commission is to establish a human rights commission in conformance
with the Iowa Civil Rights Act, to declare the public policy of nondiscrimination in the
c ,
,
,
... - behavior and to eliminate diSGriMiRatien and advanGe equity based on age, ,
familial -
status, Sex�,o�Ten+o+inn nr gender iden+i+,,, to provide for educational programs to
prevent and eliminate discrimination in the city; and to cooperate with the Iowa Civil Rights
Commission in the fulfillment of contractual obligations and the enforcement process.
8-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational procedures
as may be necessary and which are not in conflict with this code or the Iowa Code. The
Commission has adopted Administrative Rules which shall govern the work of the body
and the enforcement Drocess.
8-2-9: OFFICERS; ORGANIZATION:
/_%. Chair and Vice Chair. The commissioners must choose annually a chairperson and
vice chairperson, each to serve a term of one year.The Ghairnercnn Must appein+
senretaryneedwho neenot be a member of the nommiccinn
Vacancies in Chair and Vice Chair. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term.
C. Secretarv. A citv staff member shall serve as secretarv.
8-2-10: MEETINGS:
A. Regular Meetings: The commission will be scheduled to must meet monthly and
must meet at least once Der auarter.
Page 1426 of 1454
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
Gen SeGUtive—meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend to
the city council that the position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
3. Remote attendance is allowed; arrangements should be made with city staff
in advance of the meetina.
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after approval
by the commission, or by the next regularly scheduled city council meeting, whichever is
later.
F. Quorum: Five (5) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and voting is
necessary for the adoption of any motion or resolution.
8-2-13: POWERS, DUTIES, AND RESPONSIBILITIES:
The commission serves in an advisory capacity to the City Council and has the following
powers, duties, and responsibilities:
A. To investigate and study the existence, character, causes, and extent of inequity
and discrimination in public accommodations, credit transactions, employment,
apprenticeship programs, on the job training programs, vocational schools, other
educational institutions, and housing in the city and to attempt the elimination of such
inequity and discrimination through education, conciliation, and recommended changes
to policy and practice.
-------------------
11111011
!lip llt~
Page 1427 of 1454
B.D-. To form subcommittees to address specifically identified goals or needs in the
community related to the elimination of inequity and discrimination.
C. To attend events and trainina oDgortunities both within the communitv and bevond.
D. To actively promote human rights to various groups in the community including
aovernmental bodies. clubs. schools. and media.
E. To assist the City Manager,
upon request,
in the recruitment and selection of staff.
F. work with the staff appointed
by the City
Manager to:
5. Review and provide feedback to city staff on the annual report prepared for
and transmissiont to the Mayor and City Council from tome ttome, h„+ r,n+ less
nfton then nnre eorh year, reports describing its nrnnoorJinnc hearinnc rnnd,,r+erl
and the o,,+nome +hereof, deGisinns reordered and the other work performed by the
staff and the commission.-
6. Discuss, develop, and submit budget requests in furtherance of the
obiectives and aoals of the Commission and Department:
7. Review at the regular meetings intake and complaint data.
8. As needed, prepare for public hearings by attending training on the
procedures outlined in the Administrative Rules for conductina a hearina.
E—.G. To make recommendations to the City Council concerning advancing equity,
promoting inclusion, and addressing discrimination in order to improve quality of life,
livability and equity for all residents, including the adjustment or adoption of regulations
consistent with and necessary for the civil rights enforcement provisions of this Title.
F—.H. 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
Page 1428 of 1454
with those of this chapter, in the planning and conducting of programs designed to
advance equity or eliminate discrimination or cultural and intergroup tensions.
IG-. To adopt, publish, amend, and reSGind regulationS Gensistent with and neGessar-Y
iAr the PiVm' rights nnfnrn^mont nr^„ S"RS ^f this Ghapt^r H To receive, administer,
dispense, and account for any restricted funds that may be donated
to the commission and any grants that may be awarded the commission for furthering the
purposes of this title. No disbursements will be made of any restricted funds without
authority from the City Council.
J8. On occasion, and pursuant to this Title, the adopted Administrative Rules, the City
contract with the Iowa Civil Rights Commission, and the Iowa Code, To -hold hearings
upon agya complaint made against a covered person or entity alleging a violation of the
protections afforded by this Title for which conciliation efforts have failed to resolve the
complaint.. aR^�r. aR ;e eeao'vTeRt aaeRG , th
a Iahor ernanizatiOR. or e emel^,Tv-vees
•
No member of the commission or its staff -will 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.
8-2-16: SUBPOENAS:
The staff assigned to the commission may issue subpoenas and order discovery in aid of
investigations under this title pursuant to the Administrative Rules. Such subpoenas and
discovery may be ordered to the same extent and subject to the same limitations as would
apply for county attorney subpoenas.
Page 1429 of 1454
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
11/22/2024
and for
�which the charge is 101.44
Subscribed to l€fore me, a Notary lic in
this 22nd day of November, 2024
Notary is in an. for Dubuque "County, Iowa.
ptAL JANET K. PAPE
o� ,rvs y Commission Number 199659
z My Commission Expires
:�- ~�` 12/11/2025
)QWn
i
and for
Dubuque County, Iowa,
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 61 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 EQUITY
AND HUMAN RIGHTS, CHAPTER 2 EQUITY AND HUMAN RIGHTS COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Title 8, Chapter 2 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
8-2-2: PURPOSE:
The purpose of the commission is to establish a human rights
commission in conformance with the Iowa Civil Rights Act, to
declare the public policy of nondiscrimination in the city; to
provide for educational programs to prevent and eliminate
discrimination in the city; and to cooperate with the Iowa
Civil Rights Commission in the fulfillment of contractual
obligations and the enforcement process.
8-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its
organizational procedures as may be necessary and which are
not in conflict with this code or the Iowa Code. The
Commission has adopted Administrative Rules which shall govern
the work of the body and the enforcement process.
8-2-9: OFFICERS; ORGANIZATION:
A. "Chair and Vice Chair. The commissioners must choose
annually a chairperson and vice chairperson, each to serve a
term of one year.
B. "Vacancies in Chair and Vice Chair. The commissioners must
fill a vacancy among its officers for the remainder of the
officer's unexpired term.
C. "Secretary. A city staff member shall serve as secretary.
8-2-10: MEETINGS:
A. "Regular Meetings: The commission will be scheduled to
meet monthly and must meet at least once per quarter.
B. "Special Meetings: Special meetings may be called by the
chairperson or at the written request of a majority of the
commissioners.
C. "Open Meetings: All meetings must be called and held in
conformance with the Iowa open meetings law.
D. "Attendance:
1. "In the event a commissioner has been absent for three (3)
or more meetings of the commission, without being excused by
the chairperson, such absence will be grounds for the
commission to recommend to the city council that the position
be declared vacant and a replacement appointed.
2. "Attendance must be entered upon the minutes of all
meetings.
3. "Remote attendance is allowed; arrangements should be made
with city staff in advance of the meeting.
E. "Minutes: A copy of the minutes of all regular and special
meetings of the commission must be filed with the city council
within ten (10) working days after approval by the commission,
or by the next regularly scheduled city council meeting,
whichever is later.
F. "Quorum: Five (5) commissioners constitute a quorum for
the transaction of business. The affirmative vote of a
majority of the commissioners present and voting is necessary
for the adoption of any motion or resolution.
8-2-13: POWERS, DUTIES, AND RESPONSIBILITIES:
The commission serves in an advisory capacity to the City
Council and has the following powers, duties, and
responsibilities:
A. "To study the existence, character, causes, and extent of
inequity and discrimination in public accommodations, credit
transactions, employment, apprenticeship programs, on the job
training programs, vocational schools, other educational
institutions, and housing in the city and to attempt the
elimination of such inequity and discrimination through
education, conciliation, and recommended changes to policy and
practice.
B. "To form subcommittees to address specifically identified
goals or needs in the community related to the elimination of
inequity and discrimination.
C. "To attend events and training opportunities both within
the community and beyond.
D. "To actively promote human rights to various groups in
the community including governmental bodies, clubs, schools,
and media.
E. "To assist the City Manager, upon request, in the
recruitment and selection of staff.
F. "To work with the staff appointed by the City Manager to:
1. "Review and provide feedback to city staff on the annual
report prepared for transmission to the Mayor and City Council
describing the work performed by the staff and the commission;
2. "Discuss, develop, and submit budget requests in
furtherance of the objectives and goals of the Commission and
Department;
3. "Review at the regular meetings intake and complaint data.
4. "As needed, prepare for public hearings by attending
training on the procedures outlined in the Administrative
Rules for conducting a hearing.
G. "To make recommendations to the City Council concerning
advancing equity, promoting inclusion, and addressing
discrimination in order to improve quality of life, livability
and equity for all residents, including the adjustment or
adoption of regulations consistent with and necessary for the
civil rights enforcement provisions of this Title.
H. "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, in the planning and conducting of
programs designed to advance equity or eliminate
discrimination or cultural and intergroup tensions.
I. "To receive, administer, dispense, and account for any
restricted funds that may be donated to the commission and any
grants that may be awarded the commission for furthering the
purposes of this title. No disbursements will be made of any
restricted funds without authority from the City Council.
J. "On occasion, and pursuant to this Title, the adopted
Administrative Rules, the City contract with the Iowa Civil
Rights Commission, and the Iowa Code, hold hearings upon a
complaint made against a covered person or entity alleging a
violation of the protections afforded by this Title for which
conciliation efforts have failed to resolve the complaint.
8-2-15: CONFIDENTIALITY OF COMPLAINTS AND INVESTIGATORY
MATERIALS:
No member of the commission will 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.
8-2-16: SUBPOENAS:
The staff assigned to the commission may issue subpoenas and
order discovery in aid of investigations under this title
pursuant to the Administrative Rules. Such subpoenas and
discovery may be ordered to the same extent and subject to the
same limitations as would apply for county attorney subpoenas.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 18th day of November,
2024.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 22nd day of November, 2024.
/s/Adrienne N. Breitfelder, City Clerk
It 11/22