Code of Ordinances Amendment - Title 8 Human Rights Commission Copyright 2014
City of Dubuque Action Items # 5.
ITEM TITLE: Code of Ordinances Amendment - Title 8 Human Rights Commission
SUMMARY: City Manager recommending approval of an ordinance which creates a
new Title 8, Chapter 2 which establishes the Human Rights Commission
and provides for the powers, operation, membership and meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 8
Human Rights by repealing Chapter 2 Human Rights Commission and
adopting a new Chapter 2 Human Rights Commission in lieu thereof
Establishing The Human Rights Commission and providing for the powers,
operation, membership, and meetings
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Human Rights Commission-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Boards and Commission — Human Rights Commission
DATE: July 14, 2015
The City Attorney's Office and the City Clerk's Office have been working on updating
the Boards and Commissions ordinances to make the standard provisions in all of the
ordinances uniform and consistent.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance which creates a new Title 8, Chapter 2 which establishes the Human Rights
Commission and provides for the powers, operation, membership and meetings. The
Human Rights Commission was originally established in October 1963.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY /�
To: Michael C. Van Milligen /l/I`'`„".'_Y_
City Manager
DATE: July 14, 2015
RE: Boards and Commissions — Human Rights Commission
The City Attorney's Office, together with the City Clerk's Office and each individual
department, have been working on updating the Boards and Commissions ordinances
for the City of Dubuque. The goal is to make the standard provisions in all of the
ordinances uniform and consistent.
Attached please find a draft ordinance for the Human Rights Commission, which was
established in October 1963. For this ordinance, a new Title 8, Chapter 2 is adopted
which establishes the Human Rights Commission and provides for the powers,
operation, membership, and meetings.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
OFFICIAL
PUBLICATION
ORDINANCE NO. 45-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 HUMAN RIGHTS
BY REPEALING CHAPTER 2 HUMAN RIGHTS COMMISSION AND ADOPTING A
NEW CHAPTER 2 HUMAN RIGHTS COMMISSION IN LIEU THEREOF
ESTABLISHING THE HUMAN RIGHTS COMMISSION AND PROVIDING FOR THE
POWERS, OPERATION, MEMBERSHIP, AND MEETINGS
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 repealed and the following adopted in lieu thereof:
Chapter 2
HUMAN RIGHTS COMMISSION
8-2-1: COMMISSION CREATED:
There is hereby created the Human Rights Commission.
8-2-2: PURPOSE:
The purpose of the commission is to hold hearings, compel the production of evidence,
and determine the merits of complaints alleging unfair or discriminatory practices in
housing, employment, education, credit, or places of public accommodation; to
investigate and study the existence, character, causes, and extent of discrimination and
to attempt to eliminate discrimination by educating the public and promoting human
rights in the community; and to take action in the community to promote civil and
respectful behavior and to eliminate discrimination based on age, race, creed, color,
sex, national origin, religion, ancestry, disability, marital status, familial status, sexual
orientation, or gender identity.
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 of
Ordinances or the Iowa Code.
8-2-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of the
city govern the commission in all its operations.
8-2-5: MEMBERSHIP:
A. The commission comprises nine (9) residents of the city, appointed by the city
council from various racial, religious, cultural, and social groups within the city.
B. Residents must be eighteen (18) years of age or older.
C. Membership on the commission must comply with the provisions of Iowa Code
§69.16A, relating to gender balance. No person can be appointed or reappointed to the
commission if that appointment or reappointment would cause the number of members
of one gender to be greater than one-half (1/2) of the membership of the commission
plus one (1). If the city has made a good faith effort to appoint a qualified person to fill a
vacancy on the commission for a period of three (3) months but has been unable to
make a compliant appointment, the city must utilize a fair and unbiased method of
selecting the best qualified applicants.
8-2-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute an
oath of office at the first meeting of the commission following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the
commission.
8-2-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified.
8-2-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
8-2-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice -chairperson, each to
serve a term of one (1) year. The chairperson must appoint a secretary, who need not
be a member of the commission. The commissioners must fill a vacancy among its
officers for the remainder of the officer's unexpired term.
8-2-10: MEETINGS:
A. Regular Meetings. The commission must meet monthly.
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
consecutive 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.
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 each
meeting, 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.
8-2-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official commission
business within the limits established in the city administrative policies and budget.
8-2-12: REMOVAL:
The city council may remove any commissioner for cause upon written charges and
after public hearing.
8-2-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To receive, investigate, and finally determine the merits of complaints
alleging unfair or discriminatory practices.
B. To investigate and study the existence, character, causes, and extent of
discrimination in public accommodations, 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 discrimination by
education and conciliation.
C. To hold hearings upon any complaint made against a person, an
employer, an employment agency, a labor organization, or the employees or
members thereof, to subpoena witnesses and compel their attendance at such
hearings, to administer oaths and take the testimony of any person under oath
and to compel such person, employer, employment agency, labor organization,
or employees or members thereof, to produce for examination any books and
papers relating to any matter involved in such complaint. The commission will
issue subpoenas for witnesses in the same manner and for the same purpose on
behalf of the respondent upon the respondent's request. Such hearings may be
held by the commission, by any commissioner, or by any hearing examiner
appointed by the commission. If a witness either fails or refuses to obey a
subpoena issued by the commission, the commission may petition the district
court having jurisdiction for issuance of a subpoena and the court must, in a
proper case, issue the subpoena. Refusal to obey such subpoena is subject to
punishment for contempt.
D. To issue such publication and reports of investigations and research as in
the judgment of the commission to promote civil and respectful behavior which
tends to eliminate discrimination.
E. To prepare and transmit to the mayor and city council from time to time,
but not less often than once each year, reports describing its proceedings,
investigations, hearings conducted, and the outcome thereof, decisions
rendered, and the other work performed by the commission.
F. To make recommendations to the city council concerning discrimination.
G. 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 eliminate discrimination or cultural and
intergroup tensions.
H. To adopt, publish, amend, and rescind regulations consistent with and
necessary for the enforcement of this Chapter.
To delegate any of its functions, duties, and powers to its staff including
functions, duties, and powers with respect to investigating, conciliating,
determining, certifying, reporting, or otherwise acting as to any work, business, or
matter under this Title.
J. To receive, administer, dispense, and account for any restricted funds that
may be voluntarily contributed 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.
8-2-14: RECORDS TO BE PUBLIC; EXCEPTIONS:
All records of the commission are public except charges, complaints, reports of
investigations, statements, and other documents or records obtained in investigation of
any charges.
8-2-15: CONFIDENTIALITY OF COMPLAINTS:
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 commission may issue subpoenas and order discovery in aid of investigations
under this Title. 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. Nothing herein effects the term of any person serving as a
commissioner as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 20th day of Ju J , 2015.
Roy D. Buol, Iyor
Attest:
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: July 24, 2015, and for which the charge is $144.94.
ji„O„,„„10,1
Subscribed to before m-. otary Public in and for Dubuque County, Iowa,
thisc7h9j day o , 20/jr .
otary Public in and for Dub
que County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp, FEB. 1, 2017
dente ;aard determine,
the hients of.,"°cbm
plaints' ' alleging , Unfair
or discriminatory,
in housing,:
employment educa
- tion, credit, or places
of public accommoda-
tion; to investigate, and
studyexistence,
character,
the � exi
character, causes,and
extent §sof.. discrimin:
ation add to attempt to
eliminate discrimin-
ation by' educating, the
public and •promoting
human rights my the
community ,,-and to
take, action in the
community to,prrropiote<
civil and respectful
behavior" and ,:, . to
eliminate discrimina
• tied,; on age,
race, creed;'color,; sex,
national origin,' reli-
gion, ancestry,, disa-
bility, marital • status,'
familial status, sexual
orientation, or. gender
identity/
82-3: INTERNAL
ORGANIZATION • AND
RULES:
OFFICIAL The• commission( may
PUBLICATION adopt' rules and' regu
ORDINANCE RO.A5-15 lations to govern -its
AMENDING 'CITY OF organizational 'proce-
DUBUQUE CODE OF dares °as May,', be
ORDINANCES 8 necessary and which 1
HUMAN RIGHTS 'BY are not in conflict•With
REPEALING CHAPTER this " Code', of ':Ordi-
2 =HUMAN RIGHTS •nances'" ;or the' loWa
COMMISSION AND Code',,'
ADOPTING ' A` •NEW 8 2 4s` PROCEDURES
CHAPTER •2' HUMAN FOR OPERATION,'
'RIGHTS COMMISSION All -;Administrative,
IN • LIEU ;THEREOF. personnel, aceoupting,
ESTABLISHING ' THE, budgetary,and.-;;pro
HUMAN RIGHTS COM- curemTnt policies' of
MISSION AND PRO- ,the .• city govern', the.
VIDING FOR THE commission in all its
POWERS, .OPERA- operations P
TION, MEMBERSHIP, 8-2-5: MEMBERSHIP:
AND MEETINGS A, The commission
—NOW, THEREFORE, comprises nine '-;(9)
BE IT ORDAINED BY residents,' of . the city,
THE CITY,; COUNCIL appointed by the city :'
OF > THE CITY OF council from various
DUBUQUE, IOWA: racial, religious, cultur-
Section 1. Title 8, .:' al, and social groups
Chapter,2 of Elie Cfty of within the city. •
Dubuque Code,of, Ordi B Residents must be
nances is hereby eighteen. (18) years of
repealed, and lithe ` age oi' older '
following agoptert in= C Membership on
lieu, thereof:',t the commission must.
Chapter --2 comfjly'-with ;;the pro -
HUMAN RIGHTS visions of IoWa Code
COMMISSION §§9,16A,,..,relating to
8-21 COMMISSION;; gender .`balarlce.: No
CREATED: person':can be •ap
There is'' hereby '<'pointed or reappointed
created the :' Human to the 'commission If
Rights Commission that appointment or
8-2-2: PURPOSE: reappointment would
The purpose of the > cause the number of
commission is to hold members of one
hearings, compel the gender to be greater
production of evi- than ;one-half (%) of
ness.' The affirmative r tends to eliminate The commission may
Legal Notices vote.(of :a majority of. discnmination issue subpoenas;:`and'i
the commissioners pre- E To prepare and 'order discovery in aid
the membership of the sent and . voting is transmit-to the mayor, ofinvestigations under
commission. plus: one '—"necessary"— "forther and ;city counak from this Title. Such:sub:
(1). ,If•the city . las adoption of any motion,; time to; time, but: not poenas anddiscovery`
made . a =good faith or resolution.. - • ; less often than : once , may be ordered • to the
• effortto :appoint "a 8'211 COMPENSA each • year reports same extent' an,d
qualified person to fill TION; describing its pro- subject to the same,.
a" vacancy on .the Commissioners serve ceedings investiga limitations as would
commission. for `'.a without compensation,. tions, hearings",;: con apply for county
••period• of three ; :(3) provided that'they may ducted, and the out,' ' attorneysubpoenas-
months, but has,' been'-'„,,,- receive reimbursement come thereof,'" deciSection,:2. Nothing
unable to make is for necessary travel i Bions `rendered and herein effects the term
compliant appoint and other ...expenses—.' the other work of any person serving
rnent, 'the }"city must while on official +performed , by the as'• a commissioner .as
utilize a`; fair ,, and " commission 'business,„. commission ; ofthe effective date of.
unbiased method ^ 'of .within the • limits F To make recom this Ordinance
selecting '',the best established ,in:the city mendations to the city,, Section 3 . This
qualified applicants. administrative policies council ;r concerning 'Ordinance•takes effect
8-2-6: OATH: and budget. discrimination upon publication ,
Each person, ,upon 8-2-12: REMOVAL: G'; To cooperate ” . Passed; approved and
appointment or reap- The city council may ; withirthe lirnits of any • adopted this 20th day
pointmenttothe coin 'remove +any: appropriations, :made• ofJuly;2015
mission,, must execute sioner for cause upon,- for, its ;operation, with /s/Roy D. Buol Mayor
an oath of office at the written .charges and other' agencies Cr ' Attest: /s/Kevin S- '
first meeting :of the after public,hearing. organizations, both Frnstahl; City Clerk ^'
commission following 8 2-13. POWERS: public • :'_and : private "Published:officially in
the appointment or Th;e commission •has whose purposes, are 'the: Telegraph Herald
reappointment or, `at ,the .-following w
poers, :, consistent with those "newspaper-on the-24th
the city clerk's office "duties, and respon-; otthis Chapter, in the 'day of July, 2015:".` `
any time-=prior to the(sibilities 4planning and con /s/Kevin::S. Firnstahl,,
first meeting of • the' A. To 'rec`eiv'e, iMies'- ducting;' of programs = = ,_ CMC, City Clerk'
commission. tigate, .and ` finally . designed• to eIF incite_ , ,1t 7/24
8-2-7:TERMS: determine the merits , discrimination, or cul I
Theae1msof office>for of complaints, alleging tura) ;"and . intergroup •
.commissioners is three unfair "or , discrimin tensions"
'(3) years or.until such atony practices H. To'"adopt, publish,
commissioner's 'Sue: •B.'To investigate: and - amend, and' rescind
•cessor is+ appointed study the existence, " regulations. consistent
and qualifietl character; causes; and" with and",necessary for;
8-2-8: VACANCIES: - extent + of discrimin-: the enforcement ofthis
,Vacancies' must be ation in public accom .; Chapter•:
filled in ' the same: modations, ." employ L To delegate any `of
manner . ':as original ment apprenticeship its functions, duties,
appointments. programs;. ,on the job'; and powers to its `staff
8 2-9: OFFICERS/OR training programs; including ''.'„functions,
GANIZATION: vocational schools, duties,:; ;and powers
The-. cornmisSioners , other educational insti- with, respect to In-
•,must"choose annually. tutions,-and housing,in vestigating concha j
a chairperson and vice- the city and to attempt ting determining; cer
„chairperso jeech. to the; elimination of such,; tifymg reporting, or;,
serve aterm of one (1) •.discrimination by edu ; otherwise acting. as to
year. The': chairperson cation and,conciliation. . any work, business, or,-.
must appoint a-`"sec-. C. To hold :.hearrngs • matterunderthis,T,itle.
retary," who need not, upon any> complaint. J.,To receive; `admin-
be a member. of :the, made against ;a person,:` ister ' dispense,; and
commission The'com . an employer, an em " account for any
missioners; must •fill, a.,: ployment , agency a' restricted funds- that
vacancy "'among its labor, organization or`./ may ;be voluntarily;"
'officers for the `re-: the.:` employees ;'or; ,contributed to: , the `
mainderofthe:officer's .members th;ereof, to commission and„ any
:unexpired term. subpoena -witnesses`. grants;!that may be'
8 2-10: MEETINGS:" and' compel their awarded the commis-
A Regular Meetings attendance.'.:; at such cion for furthering the:
The commission must hearings to administer" 'purposes of. this Title:.
meet.rnonthly • oaths and .sake„the' No.disbursements will;!
B Special Meetings. testimony . 'of any; be made of any,
Special"meetings may' person under path' and
` restricted funds, with ,
be called by . the. to•compel such person,.. out authority_from the
chairpersonuaor at, the eMployer, employment
4:wcity-council
-'rrtten `request'of �a.—agency Ta5ororgan 8 2=14 �RECORDS'.TO
majority• of the `coin- ization, or . employees' BE :PUBLIC;EXCEP- ''i
missioners:. or members thereof to TIONS ;'
•
C Open; Meetings: All produce for;' examin-: All ;;records•"of the..
meetings must i' be anon any books and: commission are ;public
called and held in papers relating ±0'any;: except charges; coin
"conformance with the' matter involved insuch plaints, `reports of
Iowa• Open Meetings complaint- The coin investigations 'state
Law mission ::will issue, vents and > other
D..Attendance, subpoenas for wit-' documents or .records
1. In:ithe event a ” nesses • in the same;, obtained , in • investi
commissioner " has manner ands; for the- 'gatiomof any charges
been'absent • for three same purpose on> 8 2 15 + CONFIDENT: s
(3) or ;more consec •behalf of the' ALITY OF, COMh
utive .meetings of, the respondent upon the: PLAINTS
commission without . respondent e
being' excusedby ;the." Such hearings may be, cornrnisson or. is staff
;chairperson such =,ab held by -the coin will disclose the filing ;:
{sense will be,.grounds mission by any of as, charge; the
for :the' commission, to commissioner or by, information ., gathered'.,;)
recornmendto,the.city any.hearing.;:examer. induring' the investiga ;
council .that the pose .appointed .;'by - the tion or the,,.endeavors
tion be declared:vacant commission.' IY awit- ,to- eliminate:' such
and.4.a replacement,'
either fails or discriminatory"or un- j
,:appointed •refuses to °> obey a: fair-. practice by con= j
r2 Attendance must be ",subpoena issued by ference conciliation,
•.;entered:upon =:ane ,thei ,commission the or persuasion' unless
"minutes of all meet commission may pets= such disclosure, is ..
ings tion the district court ,made ' in connection
E Minutes A copy of .having Junsdiction"for with the conduct . of
°the minutes of` all issuance of a^subpoena such 'investigation or
regular ;and special and the court must in after,•the commission
meetings of: the: corna proper: case, issue has held a public
mission must be filed the subpoena. Refusal hearing upon a
with the; -city council to obey suchsubpoena complaint ,file'd in
within'ten (10) working is 'subject ,10 punish,; , ,connection with_".such
days-aftereach'meet mentforcontempt. charge.,This section
jng'or.by the next %D To issue such does,notiprevent.any, `,
regularly;. scheduled publication and reports complainant, ",witness;
city' council meeting, of;and or other person from l
whichever is, later -- research, as in the publicizing•the-filing of,
F: Quorum: Five (5), judgment "' of the a charge or complaint
coamissjoners consti commission;. to pro:= or the matter therein
tufer quorum, for the mote civil and respect- complained of '
,transaction of :'busi- ful: behavior _.which 8.-2-16: SUBPOENAS: