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5-3-8: AIDING OR ABETTING:
It shall be an unfair or discriminatory practice for:
   A.   Any person to intentionally aid, abet, compel or coerce another person to engage in any of the practices declared unfair or discriminatory by this chapter.
   B.   Any person to discriminate against another person in any of the rights protected against discrimination on the basis of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability by this chapter because such person has lawfully opposed any practice forbidden under this chapter, obeys the provisions of this chapter or has filed a complaint, testified or assisted in any proceeding under this chapter. An employer, employment agency or their employees, servants or agents may offer employment or advertise for employment to only the disabled so long as other applicants have available to them other employment compatible with their ability which would not be available to the disabled because of their handicap. Any such employment or offer of employment shall not discriminate among the disabled on the basis of race, color, creed, sex, sexual orientation, gender identity or national origin. (Ord. 4891, 11-13-2007)
5-3-9: RETALIATION:
   A.   It shall be an unfair or discriminatory practice for any person to discharge, harass, penalize or otherwise retaliate against an individual because of that individual's attempt to secure compliance with this chapter or the remedies provided hereunder.
   B.   It shall be an unfair or discriminatory practice for any person to discharge, harass, penalize or otherwise retaliate with respect to employment, housing, public accommodations or financial practices against any individual because of that individual's association with persons of a particular race, religion, creed, color, national origin, sex, sexual orientation, gender identity, disability or age. (Ord. 4891, 11-13-2007)
5-3-10: COMPLAINT PROCEDURES:
   A.   A person claiming to be aggrieved by a discriminatory practice, his agent, the director of the commission, the city attorney or a nonprofit organization with a purpose of combating discrimination may file with the commission a written complaint stating that a discriminatory practice has been committed, setting forth the facts upon which the complaint is based, and setting forth facts sufficient to enable the commission to identify the person charged (hereinafter the respondent). A member of the commission staff or one or more members of the commission, as appointed by the chair, shall promptly investigate the allegations of discriminatory practice set forth in the complaint and shall promptly furnish the respondent with a copy of the complaint. Prior to investigation, complainant and respondent may agree to mediation. (Ord. 4064, 1-3-1995)
   B.   The complaint must be filed within three hundred (300) days after the alleged discriminatory practice occurs. A complaint filed with the Iowa civil rights commission under the provisions of the Iowa civil rights act shall be sufficient for the purposes of this chapter, if it alleges discriminatory acts within this city. (Ord. 5065, 8-1-2011)
   C.   If it is determined after investigation that no probable cause exists for such complaint, the commission shall forthwith notify the complainant and the respondent of such determination and the case shall be closed with the commission.
   D.   If it is determined after investigation that probable cause exists for crediting the allegations of the complaint, the commission staff shall promptly proceed with conciliation.
   E.   The commission shall notify the Iowa civil rights commission whenever any finding has been made with respect to any case within their jurisdiction or whenever such case is otherwise closed.
   F.   The complaint may be amended at any time prior to the scheduling of the complaint for a public hearing, and thereafter, only upon the consent of the person or persons conducting the hearing. Such leave shall be freely given when justice so requires. (Ord. 4064, 1-3-1995)
5-3-11: CONCILIATION:
   A.   Prior to a finding of probable cause, the person investigating the complaint may enter into the mediation process with the respondent at the respondent's request where the investigation has been sufficient for the investigator to determine adequate remedies for the alleged discrimination.
   B.   After a finding of probable cause, the respondent shall be promptly notified in writing of the finding and shall be informed of his right to conciliate. The notification shall further contain a suggested place, date and time for the conciliation meeting.
   C.   Where the conciliation results in an agreement between the respondent and the commission, the agreement shall be in writing and shall be signed by the respondent or the respondent's representatives and by the director of the commission. The director shall consult with the complainant prior to signing the agreement, and should the complainant object to the agreement, the agreement must be presented to the commission for its approval before the agreement may be signed. The complainant shall be given an opportunity to state the reasons for dissatisfaction to the commission. Such reasons shall be reduced to writing.
   D.   If, after attempts to conciliate, the person or persons directed to conciliate shall find that conciliation efforts have failed, such failure shall be reported in writing to the commission. If the commission determines the charge to be well founded, it will promptly schedule the matter for public hearing. If the commission determines the charge not to be well founded, it shall declare the case closed and shall so notify the Iowa civil rights commission of the failure to conciliation efforts and of the action taken. (Ord. 4064, 1-3-1995)
5-3-12: PUBLIC HEARING:
   A.   After the commission has voted to take a complaint to public hearing, the commission shall serve on the respondent by registered or certified mail a written notice, together with a copy of the complaint as it may have been amended, requiring the respondent to answer in writing the allegations of the complaint at a hearing before one or more members of the commission or a hearing officer at a time and place specified in the notice. A copy of the notice shall be furnished to the complainant, the Iowa civil rights commission, and such other public officers and such other persons as the commission deems proper.
   B.   The notice shall include:
      1.   A statement of the time, place and nature of the hearing.
      2.   A statement of the legal authority and jurisdiction under which the hearing is to be held.
      3.   A reference to the particular sections of this chapter and rules involved.
      4.   A short and plain statement of the matters asserted. If the commission is unable to state the matters in detail at the time that the notice is served, the initial notice may be limited to a statement of the issues involved.
   C.   The hearing will be conducted by the commission, or by a hearing officer appointed by the commission.
   D.   No person shall take part in the conducting of the hearing who has any personal interest in its outcome, or who has taken part in the investigation of the complaint, or has taken a position as to whether discrimination occurred with respect to the matter in question. No commissioner who would be disqualified under the above criteria shall take part in any vote or discussion by the commission with respect to the complaint.
   E.   If a party fails to appear in a contested case proceeding after proper service of notice, the person(s) conducting the hearing may proceed and make a decision in the absence of the party.
   F.   Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved and to be represented by counsel at their own expense. The case for the commission may be presented by any member of the commission staff or by an attorney from the city attorney's office. The hearing need not be bound by the strict rules of evidence, but the admission of evidence should be based on sound discretion as represented in the Iowa Administrative Procedure Act section 17A.14(1).
17A.14(1). Irrelevant, immaterial, or unduly repetitious evidence should be excluded. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a jury trial. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be required to be submitted in verified written form.
   G.   The record in a case shall include:
      1.   All pleadings, motions and intermediate rulings.
      2.   All evidence received or considered and all other submissions.
      3.   A statement of all matters officially noticed.
      4.   All questions and offers of proof, objections and rulings thereon.
      5.   All proposed findings and exceptions.
   H.   Oral proceedings shall be open to the public and shall be recorded either by mechanized means or by certified shorthand reporter. Oral proceedings or any part thereof shall be transcribed at the request of any party with the expense of the transcription charged to the requesting party. The recording or stenographic notes of oral proceedings or the transcription thereof shall be filed with and maintained by the commission for at least five (5) years from the date of decision. Notice of public hearing shall be disseminated among local news media at least five (5) days prior to the date of the hearing.
   I.   Findings of fact shall be based solely on the evidence in the record and on matters officially noticed in the record.
   J.   The person(s) conducting the hearing will make written findings of fact and conclusions of law, will state in writing their determination as to whether or not the respondent discriminated against the complainant, and their recommended disposition, including remedies provided under subsection 2-10-5G of this code.
   K.   If the decision under subsection J of this section is made by a hearing officer, the commission shall vote as to whether to adopt, modify or overrule the written findings and proposed remedies. Their decision shall be by a majority of those present and voting. Thereupon the commission shall issue a ruling either incorporating the proposed findings and remedies as its own stating the commission's decision or including separate findings and remedy. Decisions shall be sent by certified mail to the parties of record. For the purposes of this section, the date of mailing shall be considered the date of the commission's decision.
17A.15(3). When the presiding officer makes a proposed decision, that decision then becomes the final decision of the agency without further proceedings unless there is an appeal to, or review on motion of, the agency within the time provided by rule. On appeal from or review of the proposed decision, the agency has all the power which it would have in initially making the final decision except as it may limit the issues on notice to the parties or by rule. In cases where there is an appeal from a proposed decision or where a proposed decision is reviewed on motion of the agency, an opportunity shall be afforded to each party to file exceptions, present briefs and, with the consent of the agency, present oral arguments to the agency members who are to render the final decision.
   (Ord. 4064, 1-3-1995)
5-3-13: JUDICIAL REVIEW:
   A.   Any aggrieved party of record shall have the right to obtain judicial review by filing a petition for judicial review in the district court in and for Black Hawk County in which the alleged discriminatory or unfair practice was committed, or to the county in which any respondent resides or transacts business.
   B.   Said proceedings shall be initiated by the filing of a petition within thirty (30) days after the commission has issued or refused to issue a final order. Service of the petition shall be made pursuant to Iowa Code section 17A.19. Thereafter, Iowa Code chapter 17A, and any amendments thereto, shall control the proceedings for judicial review.
   C.   If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an order of the commission under this section, the commission may obtain an order of the court for the enforcement of such order upon the showing that respondent is subject to the jurisdiction of the commission and resides or transacts business within the county in which the petition for enforcement is brought.
   D.   Appeal from the district court may be taken as in other civil cases, regardless of the amount involved. (Ord. 4064, 1-3-1995)
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