Code of Ordinances Amendment - Title 8 Human Rights_Unfair / Discriminatory Practices Copyrighted
December 18, 2017
City of Dubuque Action Items # 5.
ITEM TITLE: Code of Ordinances Amendment- Title 8 Human Rights -
Unfair and Discriminatory Practices
SUMMARY: City Manager recommending approval of an ordinance
which amends City of Dubuque Code of Ordinances,
Section 8-3-4: Credit, to mirror lowa Code and include
familial status as a protected class for credit discrimination
purposes.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 8 Human Rights, Chapter 3, Unfair and
Discriminatory Practices, Section 8-3-4
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Human Rights-Unfair and Discriminatory Practices- City Manager Memo
NNM Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Nbtion Wording Supporting Documentation
THE CITY OF Dubuque
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Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Human Rights — Unfair and Discriminatory Practices
DATE: December 12, 2017
City Attorney Crenna Brumwell recommends City Council approval of an ordinance
which amends City of Dubuque Code of Ordinances, Section 8-3-4: Credit, to mirror
lowa Code and include familial status as a protected class for credit discrimination
purposes. City code can be more protective/restrictive than state code, but cannot be
less protective/restrictive.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DaTe: December 12, 2017
Re: Human Rights — Unfair and Discriminatory Practices
Attached is an ordinance which amends City of Dubuque Code of Ordinances, Section
8-3-4: Credit, to mirror lowa Code and include familial status as a protected class for
credit discrimination purposes. City code can be more protective/restrictive than state
code, but cannot be less protective/restrictive.
I would ask that the ordinance be reviewed and forwarded to the City Council for
consideration and approval. Please let me know if you have any questions.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 47-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 HUMAN
RIGHTS, CHAPTER 3 UNFAIR AND DISCRIMINATORY PRACTICES, SECTION 8-3-
4
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 8-3-4 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
8-3-4: CREDIT:
It shall be an unfair or discriminatory practice for any:
A. 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 and current situations
because of age, color, creed, national origin, race, religion, marital status, sex, physical
disability, sexual orientation, familial status, or gender identity.
B. Person authorized or licensed to do business in this state pursuant to chapters
524, 533, 534, 536, or 536A of the code of Iowa to refuse to loan or extend to persons
of similar economic backgrounds because of age, color, creed, national origin, race,
religion, marital status, sex, physical disability, sexual orientation, familial status, or
gender identity.
C. 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, familial status, or gender identity. 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 the code of Iowa or United
States code.
D. The provisions in this section shall not be construed by negative implications or
otherwise to narrow or restrict any other provisions of this title.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 18th day ec mb 2017.
i
i
Roy D. Buollayor
Attest:
KevinFirnstaht, City Clerk ii
EFFECT OF AMENDMENT
8-3-4: CREDIT:
It shall be an unfair or discriminatory practice for any:
A. 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 and current situations
because of age, color, creed, national origin, race, religion, marital status, sex, physical
disability, sexual orientation, familial status, or gender identity.
B. Person authorized or licensed to do business in this state pursuant to chapters
524, 533, 534, 536, or 536A of the code of lowa to refuse to loan or extend to persons
of similar economic backgrounds because of age, color, creed, national origin, race,
religion, marital status, sex, physical disability, sexual orientation, familial status, or
gender identity.
C. 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, familial status, or gender identity. 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 the code of lowa or United
States code.
D. The provisions in this section shall not be construed by negative implications or
otherwise to narrow or restrict any other provisions of this title.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: December 22, 2017, and for which the charge is $24.75.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this 60, day of ® „ L/ , 20 /7 .
Notary Public in and for Dubuque County, Iowa.
RY K WESTERMEYER
Commission Number 15485
fMv';ommissicin cxi . Feb. 1 2020
OFFICIAL
PUBLICATION
ORDINANCE NO. 47-17,
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 8
HUMAN RIGHTS,
CHAPTER 3 UNFAIR
AND
DISCRIMINATORY
PRACTICES, SECTION
8-3-4
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA:
Section 1. Section 8.3-
4 of the City of
Dubuque Code of
-Ordinances is hereby
amended to read as
follows:
8-3-4: CREDIT:
It shall be an unfair or
discriminatory practice
for any:
A. Creditor to refuse
to enter into a con-
sumer credit transac-
tion or impose finance
charges or other terms
or conditions --more-
n-those,,_
ed by
by
prr 'Con-
su`mers`of.,similar eco-
;. npmic -?'-backgrounds
'and current situations
'because'of age, color,
I creed, national origin,
race, religion, marital.
status, sex, physical
disability,sexual orien-
tation, farnilial status,
or gender identity.
B. Person authorized
or licensed to do
business in :this state
pursuant --to chapters
524,`533; 534; 536, or
536A of the code. of
Iowa to refuse, to, loan
or extend to persons of
similar economic back,.
grounds because of
age, color;' creed,
national origin, race,
_religion,marital status,
sex, physical disability,
sexual orientation, fa-
milial status, or gender
identity.
C. 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. -ori eotatigg,,.'fa-
-Mil-Cal status, or gender
identity. Refusalb a
creditor to offer dr it
life or health and`•ac-
cident insurance based
upon the age or
physical disability of
:the consumer shall not
be an unfair or dis-
criminatory practice if
such denial ,is based
solely upon, bona fide
underwriting consider-
ations not prohibited
by the code of.'Iowa or
United States code.
D. The provisions in
this section shall not
be construed by
negati0,e implications
or otherwise to narrow
or restrict any other
provisions of this title.
' Section 2. This Ordi-
nance shall take effect
upon publication.
Passed, approved
and adopted this 1$t
day of December 2017/. i
/s/Roy D. Buol, Mayor I
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 22nd
day of December 2017..
/s/Kevin S. Firns6h1,
City Clerk'
it 12/22