CHAPTER 4
ENFORCEMENT

SECTION:

2-4-1: Persons Who May File Complaints; Method Of Filing Complaint; Amending Complaint

2-4-2: Investigation Of Complaints; Predetermination Settlement

2-4-3: Proceedings On Complaints; Probable Cause

2-4-4: Additional Proceedings; Housing

2-4-5: Conciliation Procedures

2-4-6: Remedial Action

2-4-7: Notice And Hearing

2-4-8: Findings And Order

2-4-9: Judicial Review; Enforcement

2-4-10: Sixty Day Release From Administrative Process; Alternative Judicial Proceedings Upon Complaints Regarding Employment, Public Accommodations, Credit And Education

2-4-11: Complaints

2-4-12: Civil Proceedings - Housing

2-4-13: Time Limits

2-4-1: PERSONS WHO MAY FILE COMPLAINTS; METHOD OF FILING COMPLAINT; AMENDING COMPLAINT:

   A.   All persons claiming to be aggrieved by a discriminatory or unfair practice within this city may, by themselves or by counsel make, sign and file with the commission a verified, written complaint which shall state the name and address of the person alleged to have committed the discriminatory or unfair practice of which complained, shall set forth the particulars thereof, and shall contain such other information as may be required by the commission. (Ord. 94-3647, 11-8-1994; amd. Ord. 15-4650, 12-15-2015)

   B.   Upon the filing of a complaint, the human rights coordinator shall serve notice on the complainant acknowledging the filing and advising the complainant of the time limits and choice of forums provided under the law. (Ord. 03-4105, 12-16-2003)

   C.   The commission, a commissioner, the city attorney or any other person aware of the existence of a discriminatory practice may in like manner make, sign and file such complaint. (Ord. 94-3647, 11-8-1994; amd. Ord. 97-3785, 5-20-1997)

   D.   Complaints and answers may be amended as follows:

      1.   The complainant shall have the power to amend any complaint at any time prior to the human rights coordinator's probable cause recommendation.

      2.   The human rights coordinator shall have the power to amend any complaint after a probable cause finding and prior to the decision to have a public hearing.

      3.   At the discretion of the administrative law judge, the complaint may be amended after the decision to have a public hearing.

      4.   The respondent shall have like power to amend such respondent's answer, at any time prior to hearing, and thereafter at the discretion of the administrative law judge.

      5.   Amendments to the complaint and answer alleging additional acts which constitute unfair or discriminatory practices related to or growing out of the subject matter of the original complaint will relate back to the date the original complaint or answer was filed. (Ord. 03-4105, 12-16-2003)

   E.   A claim under this title 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. (Ord. 08-4312, 8-11-2008)

   F.   A verified copy of a complaint filed with the state civil rights commission, or its successor, under the provisions of chapter 216, code of Iowa, as amended; or EEOC, or its successor; or HUD, or its successor, shall be sufficient complaint for the purpose of this title if it alleges either in the text thereof or in accompanying statements that the alleged discriminatory practice occurred within this city. (Ord. 15-4650, 12-15-2015)

   G.   A complaint or any part thereof may be withdrawn by the complainant at any time prior to notice of a public hearing and thereafter at the discretion of the commission. However, nothing herein shall preclude the human rights coordinator from continuing the investigation and initiating a complaint on the commission's behalf against the original respondent whenever it deems it in the public interest. (Ord. 03-4105, 12-16-2003; amd. Ord. 15-4650, 12-15-2015)

2-4-2: INVESTIGATION OF COMPLAINTS; PREDETERMINATION SETTLEMENT:

   A.   Upon the filing of a verified complaint, the human rights coordinator shall serve notice on the respondent. Notice shall include both a copy of the complaint and a statement of the respondent’s procedural rights and obligations under the law or ordinance. Service shall be effected by certified mail, email, or personal service within twenty (20) days of filing for complaints in the areas of employment, public accommodation, credit or education, and within seven (7) days of filing for complaints alleging discrimination in the area of housing.

   B.   The human rights coordinator may draft and mail to the parties written questionnaire/document requests to which respondent and complainant are required to respond. Answers and documents are to be received by the human rights coordinator’s office within thirty (30) days of receipt of the questionnaire/document request for complaints in the areas of employment, public accommodation, credit and education, and within fifteen (15) days of receipt of the questionnaire/document request for complaints in the area of housing. The human rights coordinator may grant extensions of time to respond.

   C.   After reviewing materials responsive to the questionnaire/document request, the human rights office shall determine whether the complaint warrants further investigation. If the human rights office finds there is a reasonable possibility of a probable cause determination or the legal issues present in the complaint need further development, the human rights office shall promptly resume the investigation of the complaint. A complaint determined by the human rights office not to warrant further processing by the human rights office shall be administratively closed. Notice of such closure shall be promptly served upon the complainant and the respondent by certified mail, email, or personal service. Service is effective upon mailing or emailing. Such notice shall state the reasons for administrative closure.

   D.   A complainant may object to the administrative closure within ten (10) days of service by filing a written request for review that states the basis for the objection. If a complainant makes a timely written request for review of the administrative closure, the human rights office shall promptly review the complainant’s request and all relevant material. If, after review by the human rights office, it is determined that the complaint does not warrant further processing, the human rights office shall close the file and notify the complainant and respondent of the final decision of administrative closure. If, after review, the human rights office determines that there is a reasonable possibility of a probable cause determination or the legal issues presented in the complaint need further development, the allegations will be investigated further.

   E.   A complaint may be administratively closed at any time if the complainant cannot be contacted after diligent efforts or is uncooperative causing unreasonable delay in the processing of a complaint.

   F.   Upon completion of the investigation, the human rights office shall issue a written investigative summary and recommendation as to whether probable cause exists that the person charged in the complaint has committed a discriminatory practice.

   G.   Any time after a complaint is filed under this title, but before the human rights office issues a probable cause determination, the human rights office may seek a disposition of the complaint through a predetermination settlement.

   H.   A complaint may be closed as satisfactorily adjusted when the respondent has made an offer of settlement acceptable to the human rights coordinator but not the complainant. Notice of intended closure shall state the reasons for closure and be served by certified mail, email, or personal service upon the complainant. The complainant shall be allowed thirty (30) days to respond in writing to the human rights coordinator either stating the reasons why the offer is unacceptable or accepting the offer. The human rights coordinator will review and consider the response before making a closure decision.

   I.   In all complaint areas except housing, the complainant or respondent may request mediation of the complaint at any time during the complaint process prior to the probable cause determination. Mediation shall not be undertaken unless both the complainant and respondent agree to participate. Mediation may be discontinued at the request of either party. If the complainant and respondent do not reach a mediation agreement, the complaint process shall continue to resolution as provided in this section.

      1.   A mediation agreement is an agreement between the respondent and complainant. It is not subject to review or approval of the commission.

      2.   All verbal or written information relating to the subject matter of a mediation agreement and transmitted between either the complainant or respondent and a mediator to resolve a complaint filed under this chapter, whether reflected in notes, memoranda, or other work product, is confidential as provided in subsection 2-2-4B of this title.

   J.   In the area of housing, the commission shall, during the period beginning with the filing of a complaint and ending with the finding that there is or is not probable cause as defined in this chapter, to the extent feasible, engage in mediation with respect to the complaint.

      1.   A mediation agreement is an agreement between a respondent and the complainant and is subject to commission approval.

      2.   A mediation agreement may provide for binding arbitration or other method of dispute resolution. Dispute resolution that results from a mediation agreement may authorize appropriate relief, including monetary relief.

      3.   A mediation agreement shall be made public unless the complainant and respondent agree otherwise, and the commission determines that disclosure is not necessary to further the purposes of this chapter relating to unfair practices or discrimination in housing or real estate.

      4.   The proceedings or results of mediation shall not be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons who are party to the mediation. (Ord. 94-3647, 11-8-1994; amd. Ord. 03-4105, 12-16-2003; Ord. 12-4484, 5-15-2012; Ord. 15-4606, 1-20-2015; Ord. 15-4650, 12-15-2015; Ord. 21-4845, 1-19-2021)

2-4-3: PROCEEDINGS ON COMPLAINTS; PROBABLE CAUSE:

   A.   If the human rights office finds that probable cause exists regarding the allegations of the complaint, the human rights office shall notify the complainant and the respondent of the finding. The human rights office shall promptly endeavor to eliminate the discriminatory or unfair practice by conference, conciliation and persuasion.

   B.   If the human rights office finds that no probable cause exists, the human rights office shall issue a written finding dismissing the complaint and notifying the parties of the complainant’s right to appeal the finding. Notice of the no probable cause determination shall be promptly mailed to the complainant and to the respondent by certified mail or email. Service is effective upon mailing or emailing. The no probable cause determination may also be personally sesrved.

   C.   A complainant may object to the finding of no probable cause within ten (10) days of service by filing a written request for review that states the basis for the objection. If a complainant makes a timely written request for review of the finding, the human rights office shall hear the complainant’s evidence within thirty (30) days of the request for review. If no probable cause is again the finding after further review by the human rights office, the human rights office shall notify the complainant in writing of the decision, and shall close the file. If the human rights office finds probable cause after review, the human rights office shall proceed with efforts to eliminate the discriminatory or unfair practice by conference, conciliation and persuasion.

   D.   In the area of housing, the commission shall determine based on the facts whether probable cause exists to believe that a discriminatory housing or real estate practice has occurred or is about to occur. The commission shall make this determination not later than one hundred (100) days after a complaint is filed unless any of the following applies:

      1.   It is impracticable to make the determination within that time period.

      2.   The commission has approved a mediation agreement relating to the complaint.

      3.   If it is impracticable to make the determination within the time period provided by this subsection, the commission shall notify the complainant and respondent in writing of the reasons for the delay.

      4.   The final administrative disposition of a complaint shall be made within one year of the date of receipt of the complaint, unless it is impracticable to do so. If final administrative disposition within one year is impracticable, the human rights coordinator shall notify the complainant and respondent in writing. (Ord. 94-3647, 11-8-1994; amd. Ord. 12-4484, 5-15-2012; Ord. 15-4650, 12-15-2015; Ord. 21-4845, 1-19-2021)