Loading...
Human Relations Ordinance_Complaint FilingTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City of Dubuque Code of Ordinances Chapter 27, Human Relations Statute of Limitations DATE: May 23, 2008 Assistant City Attorney Crenna Brumwell is recommending an amendment to the City Code to extend the Statute of Limitations for the filing of a complaint regarding a discriminatory practice from 180 days to 300 days. This will make the City Ordinance consistent with the new State Statute. I concur with the recommendation and respectfully request Mayor and City Council approval. __ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Crenna Brumwell, Assistant City Attorney THE CITY OF DUBUQUE MEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, E ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: May 19, 2008 RE: City of Dubuque Code of Ordinances Chapter 27, Human Relations Statute of Limitations Effective July 1, 2008 the State of Iowa will extend the statute of limitations for the filing of a complaint regarding a discriminatory practice from 180 days to 300 days. The 300 day filing requirement will make the Iowa law more consistent with the federal government regulation. I have attached a copy of Senate File 2292 as well as the bill history. Governor Culver signed the bill on March 27, 2008. The City of Dubuque currently has a statute of limitations of 180 days in ordinance §27- 113 and §27-135. It is my recommendation that the City of Dubuque amend §27-113 and §27-135 to correspond to the recently amended state law. I am enclosing the proposed modifications with an effective date of July 1, 2008. Please let me know if you need further information or would like Jenny to schedule a meeting. Thank you. Enclosures cc: Kelly Larson, Human Rights Director OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EnnAIL cbrumwel@cityofdubuque.org Bill/Amendments for SF 2292 Page 1 of 1 Senate File 2292 - Enrolled PAG LIN 1 1 SENATE FILE 2292 1 2 1 3 AN ACT 1 4 EXPANDING THE TIME PERIOD DURING WHICH A COMPLAINT MAY BE 1 5 FILED WITH THE IOWA CIVIL RIGHTS COMMISSION. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 216.15, subsection 12, Code Supplement 1 10 2007, is amended to read as follows: 1 11 12. Except as provided in section 614.8, a claim under 1 12 this chapter shall not be maintained unless a complaint is 1 13 filed with the commission within era three hundred ~ days 1 14 after the alleged discriminatory or unfair practice occurred. 1 15 1 16 1 17 1 18 JOHN P. KIBBIE 1 19 President of the Senate 1 20 1 21 1 22 1 23 PATRICK J. MURPHY 1 24 Speaker of the House 1 25 1 26 I hereby certify that this bill originated in the Senate and 1 27 is known as Senate File 2292, Eighty=second General Assembly. 1 28 1 29 1 30 1 31 MICHAEL E. MARSHALL 1 32 Secretary of the Senate 1 33 Approved 2008 1 34 1 35 2 1 2 2 CHESTER J. CULVER 2 3 Governor http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=AmendPrint&ga=8... 5/1 /2008 Bill History for SF 2292 Page 1 of 1 Bill History for SF 2292 By State Government. A bill for an act expanding the time period during which a complaint may be filed with the Iowa civil rights commission. (Formerly SSB 3028.) Effective 7-1-08. March 4, 2008 Introduced, placed on calendar. S.J. 455. March 4, 2008 Committee report, approving bill. S.J. 464. March 10, 2008 Passed Senate, ayes 35, nays 13. S.J. 497. March 10, 2008 Immediate message. S.J. 497. March 11, 2008 Message from Senate. H.J. 565. March 11, 2008 Read first time, passed on file. H.J. 573. March 17, 2008 Substituted for HF 2157. H.J. 681. March 17, 2008 Passed House, ayes 75, nays 23. H.J. 682. March 17, 2008 Immediate message. H.J. 683. March 17, 2008 Message from House. S.J. 659. March 25, 2008 Reported correctly enrolled, signed by President and Speaker. S.J. 796. March 25, 2008 Sent to Governor. S.J. 796. March 27, 2008 Signed by Governor. S.J. 883. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=DspHistory&var=... 5/ 1 /2008 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 38 -08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 27-113 TIME LIMITATION FOR FILING COMPLAINT Section 1. City of Dubuque Code of Ordinances § 27-113 is amended to read as follows: Sec. 27-113. Time Limitation for Filing Complaint: A claim under this chapter shall not be maintained unless a complaint is filed with the commission within three hundred (300) days after the alleged discriminatory or unfair practice occurred. Section 2. This Ordinance shall take effect on July 1, 2008. Passed, approved and adopted the 2nd day of June, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk EFFECT OF AMENDMENT Sec. 27-113. Time Limitation for Filing Complaint: A claim under this chapter shall not be maintained unless a complaint is filed with the commission within eeethree hundred ~1~(~9300) days after the alleged discriminatory or unfair practice occurred. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 39 -08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 27-135 ADMINISTRATIVE ENFORCEMENT; PRELIMINARY MATTERS Section 1. City of Dubuque Code of Ordinances § 27-135 is amended to read as follows: Sec. 27-135. Administrative Enforcement; Preliminary Matters: (a) Complaints and Answers: (1) An aggrieved person may, not later than three hundred (300) days after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Commission alleging such discriminatory housing practice. The Commission, on the Commission's own initiative, a commissioner, or the City Attorney's Office, may also file such a complaint. (c) Failure to Comply with Conciliation Agreement: Whenever the Commission has probable cause to believe that a respondent has breached a conciliation agreement, the Commission shall refer the matter to the City Attorney's Office with a recommendation that a civil action be filed for the enforcement of such agreement. (e) Prompt judicial action. If the Commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this Article, the Commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. Upon receipt of such authorization, the City Attorney's Office shall promptly commence and maintain such an action. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the Iowa Rules of Civil Procedure. The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this Article. Section 2. This Ordinance shall take effect on July 1, 2008. Passed, approved and adopted the 2nd day of June , 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk EFFECT OF AMENDMENT Sec. 27-135. Administrative Enforcement; Preliminary Matters: (a) Complaints and Answers: (1) An aggrieved person may, not later than eaethree hundred °~'r (300a-~8) days after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Commission alleging such discriminatory housing practice. The Commission, on the Commission's own initiative, a commissioner or the C~ Attorney's Office ~°^^~ ~°^^~+m°^+, may also file such a complaint. (2) Such complaints shall be in writing and shall contain such information and be in such form as the Commission requires. (3) The Commission may also investigate housing practices to determine whether a complaint should be brought under this Section. (4) Upon the filing of such a complaint: a. The Commission shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this Article; b. The Commission shall, not later than ten (10) days after such filing or the identification of an additional respondent under subsection (a)(7) of this Section, serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this Article, together with a copy of the original complaint; c. Each respondent may file, not later than ten (10) days after receipt of notice from the Commission, an answer to such complaint; and d. The Commission shall make an investigation of the alleged discriminatory housing practice and complete such investigation within one hundred (100) days after the filing of the complaint unless it is impracticable to do so. (5) If the Commission is unable to complete the investigation within one hundred (100) days after the filing of the complaint, the Commission shall notify the complainant and respondent in writing of the reasons for not doing so. (6) Complaints and answers shall be under oath or affirmation, and may be reasonably and fairly amended at any time. (7) A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice. Such notice, in addition to meeting the requirements of subsection (a) of this Section, shall explain the basis for the Commission's belief that the person to whom the notice is addressed is properly joined as a respondent. (b) Investigative Report and Conciliation: (1) Beginning with the filing of a complaint, the Commission shall, to the extent feasible, engage in conciliation with respect to such complaint. (2) A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Commission. (3) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief. (4) Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Commission determines that disclosure is not required to further the purposes of this Article. (5) a. At the end of each investigation under this Section, the Commission shall prepare a final investigative report containing: 1. The names and dates of contacts with witnesses; 2. A summary and the other contacts with respondent; dates of correspondence and the aggrieved person and the 3. A summary description of other pertinent records; 4. A summary of witness statements; and 5. Answers to interrogatories. b. A final report under this subsection may be amended if additional evidence is later discovered. (c) Failure to Comply with Conciliation Agreement: Whenever the Commission has probable cause to believe that a respondent has breached a conciliation agreement, the Commission shall refer the matter to the City Attorney's Office ~°^°~ ~°^°-~~~~~ with a recommendation that a civil action be filed for the enforcement of such agreement. (d) Prohibitions and Requirements with Respect to Disclosure of Information: (1) Nothing said or done in the course of conciliation under this Article may be made public or used as evidence in a subsequent proceeding under this Article without the written consent of the persons concerned. (2) Notwithstanding subsection (d)(1) of this Section, the Commission shall make available to the aggrieved person and the respondent, at any time, upon request following completion of the Commission investigation, information derived from an investigation and any final investigative report relating to that investigation. (e) Prompt judicial action. If the Commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this Article, the Commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. Upon receipt of such authorization, the City Attorney's Office ~°yc! ucNc,~,;,~shall promptly commence and maintain such an action. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the Iowa Rules of Civil Procedure. The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this Article.