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.