Loading...
Code of Ordinances Amendment_Title 8 Human Rights Administrative ReleaseTHE CITY OF Dui Masterpiece on the Mississippi Dubuque band AI -America City r 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed Amendment to City Code 8-4-7, Release from Administrative Process DATE: May 14, 2014 Human Rights Director Kelly Larson and the Human Rights Commission are transmitting a proposed amendment to City Code Section 8-4-7, Release from Administrative Process, for City Council consideration. brilvt4 ., Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Kelly Larson, Human Rights Director THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Kelly Larson, Human Rights Director DATE: May14,2014 SUBJECT: Proposed Amendment to City Code 8-4-7, Release from Administrative Process Dubuque trati a -America City '111' 2007 • 2012 • 2013 DISCUSSION The purpose of this memo is to forward a recommendation to amend City Code section 8-4-7, Release from Administrative Process. On March 21, 2014, Assistant City Attorney Crenna Brumwell submitted proposed revisions to the Administrative Rules and to City Code Section 8-4-7 to the Human Rights Commission for consideration. The revision to the City Code is based on the recent opinion in Tonged y. Northwest Mechanical. Inc. SD Iowa 2013, WL4838844, holding that local commissions do not possess the authority to issue right -to -sue letters and that an administrative release from the Iowa Civil Rights Commission is necessary in orderto proceed in court. At their regularly scheduled meeting on May 12, the Commission discussed and accepted the proposed revision to be forwarded to the City Council for consideration. ACTION TO BE TAKEN The action requested is that this recommended amendment be forwarded to the City Council. Prepared by: Kelly Larson cc: Crenna Brumwell Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 37-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 HUMAN RIGHTS, CHAPTER 4 ENFORCEMENT OF CIVIL RIGHTS, SECTION 8-4-7 RELEASE FROM ADMINISTRATIVE PROCESS; ALTERNATIVE JUDICIAL PROCEEDINGS UPON COMPLAINTS TO REFLECT A CHANGE IN THE LAW VIA JUDICIAL DECISION HOLDING THAT LOCAL COMMISSIONS DO NOT POSSESS THE AUTHORITY TO ISSUE RIGHT -TO -SUE LETTERS AND AN ADMINISTRATIVE RELEASE FROM THE IOWA CIVIL RIGHTS COMMISSION IS NECESSARY IN ORDER TO PROCEED IN COURT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 8-4-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 8-4-7: RELEASE FROM ADMINISTRATIVE PROCESS; ALTERNATIVE JUDICIAL PROCEEDINGS UPON COMPLAINTS: A. Administrative Release: 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 section 8-4-1 of 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 section 8-4-3 of this chapter. 2. The complaint has been on file with the commission at least sixty (60) days and the commission has issued a release to the complainant pursuant to subsection B of this section. 3. The complainant has requested an administrative release from the Iowa Civil Rights Commission via the Dubuque Human Rights Commission. 4. The complainant has received an administrative release from the Iowa Civil Rights Commission. B. Screening Of Complaint: It is the legislative intent of this section that every complaint be at least preliminarily screened during the first sixty (60) days. This subsection does not authorize administrative closures if an investigation is warranted. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 2nd day of June, 2014. Attest: Kevi S. Firnstah , City 'ierk Roy D. Bugj, Mayor 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: June 06, 2014, and for which the charge is $26.45. Subscribed to before me, tary Public in and for Dubuque County, Iowa, this 9a day of , 20 /0.. . OFFICIAL PUBLICATION ORDINANCE NO. 37.14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 HUMAN RIGHTS, CHAPTER 4 EN- FORCEMENT OF CIVIL RIGHTS, SECTION 8-4- 7 RELEASE FROM AD- ' MINISTRATIVE PROC- ESS; ALTERNATIVE JUDICIAL PROCEED- INGS UPON COM- PLAINTS TO REFLECT A CHANGE. IN THE LAW VIA JUDICIAL DECISION ' HOtbING THAT LOCAL COM- MISSIONS DO NOT POSSESS 'THE AU- THORITY TO ISSUE RIGHT -TO -SUE LET- TERS AND AN ADMIN- ISTRATIVE RELEASE! ! FROM THE IO1IYA.Q1V- I IL RIGHTS -COMMIS- SION IS NECESSARY IN ORDER TO' PRO- CEED IR COURT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: ' Section 1. Section 8-4- 7 of the City of Dubu- cl es is arae ded toread as follows: 8-4-7: RELEASE FROM ADMINISTRATIVE PRO-, CESS; ALTERNATIVE !NM*JUDICIAL PROCEED- ' IN' UPON COM- PLAINTS: ' A. Administrative Re- lease; A' person clalm- ing to be aggrieved by an unfair or discrimina- tory practice must Ini- tially seek an adminis- trative relief by filing a complaint with the I commission in accord- ' ance with section 8-4-1 of this chapter. A com- plainant, after the proper filing of a. com- plaint with the corn- ' mission, may subse- quently commence an action for relief in the district court If all of the following condi- tions have been satls-' I fled: 1. The complainant has timely filed the complaint with the commission as provid- ed In section 8-4-3 of this chapter. 2. The complaint has been on file with the commission at least sixty (60)'days and the commission has Issued a release to the com- plainant pursuant to subsection B of this section. 3. Thecomplainant has requested an ad- ,ministrative . ,. release from the Iowa Civil Rights Commission via the Dubuque Human Rights Commission. 4. The complainant has received an admin- istrative release from the Iowa Clvll Rights Commission, B. Screening Of Com- plaint: It Is the Ieglsla-' tive intent of this sec- tion that every com- plaint be at least pre- liminarily screened during the first sixty (60) days. This subsec- tion does not authorize administrative closures If an Investigation is warranted. Section 2, This Ordi- nance takes effect upon publication. Passed, approved, and adopted the 2nd day of June, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of June, 2014. /s/Kevin S. Firnstahl, City Clerk lt A/6 No 4 ry Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154886 My Comm. Exp, FEB. 1, 2017 EFFECT OF AMENDMENT 8-4-7: RELEASE FROM ADMINISTRATIVE PROCESS; ALTERNATIVE JUDICIAL PROCEEDINGS UPON COMPLAINTS: A. Conditions For -Administrative Release: 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 section 8-4-1 of 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 section 8-4-3 of this chapter. 2. The complaint has been on file with the commission at least sixty (60) days and the commission has issued a release to the complainant pursuant to subsection B of this section. 3. The complainant has requested an administrative release from the Iowa Civil Rights Commission via the Dubuque Human Rights Commission. 4. The complainant has received an administrative release from the Iowa Civil Rights Commission. B. Requirements For Issuance Of Release: 1. 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 rcicxcc stating that the complainant hac a F414 to commence an action in the district court. A release under this subsection shah not be issued if a finding of no probable cause has been made on the complaint by the administrative law judge charged with the duty under section 8 of this served notice of hearing upon the respondent, or the complaint is closed as an the closure. Formatted: Indent: Left: 0.5" 2. Notwithstanding section 8 2 11 of this title, a party may obtain a copy of al[ documents contained in a cam file where the c mmiceion hae iceued a release to the complainant pursuant to this subsection. - ial Relief After Release; Release As Bar To Further Administrative Action On Complaint: An action authorized under this unless commenced within ninety (90) days after issuance by the commiscion of a release under subsection B of this section. If a complainant obtains a release from the Formatted: Indent: Left: 0.5" commission under subsection B of this section, the commission shall be barred from further action on that complaint. D. Venue For Court Action On Complaint: Venue for an action under this section shall be in Dubuque County. E. Remedies In Judicial Proceedings; Attorney Fees And Costs: The district court may grant any relief under this section which is authorized by section 8 '1 6 of this chapter to be issued by the commission. The district court may also award the complainants action was frivolous. BF. Screening Of Complaint: It is the legislative intent of this section that every complaint be at least preliminarily screened during the first sixty (60) days. This subsection does not authorize administrative closures if an investigation is warranted.