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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)
5-3-14: SIXTY DAY ADMINISTRATIVE RELEASE:
   A.   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 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 this chapter; and
      2.   The complaint has been on file with the commission for at least sixty (60) days and the commission has issued a release to the complainant pursuant to subsection B of this section.
   B.   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 release stating that the complainant has a right to commence an action in the district court. A release under this subsection shall not be issued if a finding of no probable cause has been on the complaint, a conciliation agreement has been executed or the commission has served notice of hearing upon the respondent pursuant to this chapter.
   C.   An action authorized under this section is barred unless commenced within ninety (90) days after issuance by the commission of a release under subsection B of this section or within one year after the filing of the complaint, whichever occurs first. If a complainant obtains a release from the commission under subsection B of this section, the commission shall be barred from further action on that complaint. (Ord. 4064, 1-3-1995)
5-3-15:  UNFAIR USE OF CRIMINAL RECORD IN HIRING DECISIONS:
Publisher's note: The Iowa Supreme Court Case No. 20-0575 struck down part of Ordinance No. 5522 adopted by the city on 11/4/2019. Click here to see the amendments to this section.
   A.   Definitions: As used in this section, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this subsection. Except as defined in this subsection A, definitions of words and phrases set forth in 5-3-2 shall apply in this section.
ADVERSE HIRING DECISION:
A refusal to hire an applicant or the revocation of a conditional offer of employment to an applicant.
APPLICANT:
Any person considered or who requests to be considered for employment by an employer.
ARREST:
The taking of a person into custody when and in the manner authorized by law or military authority due to an accusation or suspicion that the person committed a crime.
CONVICTION:
Any adjudication of guilt or sentence arising from a verdict or plea of guilty or no contest or the equivalent in relation to a crime, including a sentence of incarceration, a suspended sentence, a sentence of probation, a sentence of unconditional discharge, or a diversion program.
CRIMINAL RECORD:
Information regarding a conviction, arrest or pending criminal charge.
EMPLOYER:
Any person, partnership, company, corporation, labor organization or association which regularly employs four (4) or more persons within the City of Waterloo, including the City of Waterloo, its departments, boards, commissions and agencies, except the following: (a) the United States or any of its political subdivisions, (b) the State of Iowa or any of its political subdivisions other than the City of Waterloo, such as, but not limited to, Black Hawk County, the Waterloo Community School District, and Hawkeye Community College, and (c) employers who are required by federal or state law or regulation to make an inquiry on an application or in an interview.
EMPLOYMENT:
Any occupation, vocation, job, work for pay or employment, including temporary or seasonal work, contracted work, contingent work and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay.
INQUIRY:
Any direct or indirect conduct intended to gather information, using any mode of communication, including but not limited to a box or blank that seeks to elicit information about an applicant's criminal record on an employment application form.
INTERVIEW:
Any direct contact by the employer with the applicant, whether in person or by telephone, to discuss the employment being sought or the applicant's qualifications.
LEGITIMATE BUSINESS REASON:
A reason for which an employer may make an adverse hiring decision based on an applicant's criminal record, including the following:
   1.   Situations where the nature of the criminal conduct has a direct and substantial bearing on the fitness or ability to perform the duties or responsibilities of the intended employment, taking into consideration the following factors: the nature of the employment, the place and manner in which the employment will be performed, the nature and seriousness of the offense or conduct, whether the employment presents an opportunity for the commission of a similar offense or conduct, the length of time between the conviction or arrest and the application for employment (not including time on probation or parole or the time during which fines or other financial penalties or remedies may be outstanding), the number and types of convictions or pending charges, and any verifiable information provided by the applicant that is related to the applicant's rehabilitation or good conduct.
   2.   Situations where the granting of employment would involve unreasonable risk of substantial harm to property or to safety of individuals or the public, or to business reputation or business assets, taking into consideration the factors listed in paragraph 1. of this definition.
   3.   Positions working with children, developmentally disabled persons and vulnerable adults where the applicant has a conviction record of a crime against children or disabled or vulnerable adults, including but not limited to crimes of rape, sexual abuse, incest, prostitution, pimping, pandering, assault, domestic violence, kidnapping, financial exploitation, neglect, abandonment, and child endangerment.
   4.   Situations where an employer must comply with any federal or state law or regulation pertaining to background checks and the criminal conduct is relevant to the applicant's fitness for the job.
PENDING CRIMINAL CHARGE:
An existing accusation that a person has committed a crime, lodged by a prosecutor, law enforcement agency or military authority through an indictment, information, complaint or other formal charge, where the accusation has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal or withdrawal.
   B.   Prohibited Use Of Criminal Record Information: In connection with the employment of any person, it shall be an unlawful discriminatory practice for an employer to include a criminal record inquiry on any application. It shall further be an unlawful discriminatory practice for an employer who employs fifteen (15) or more persons, but not private schools providing a regular course of instruction for any part of kindergarten through high school education, to engage in any of the following activity:
      1.   To make any inquiry regarding, or to require any person to disclose or reveal, any convictions, arrests, or pending criminal charges during the application process, including but not limited to any interview. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has extended a conditional offer of employment to the applicant. If the applicant voluntarily discloses any information regarding his or her criminal record at the interview, the employer may discuss the criminal record disclosed by the applicant.
   C.   Handling Of Criminal Records: Employers shall comply with any obligations arising under federal or state law relating to authorization for background checks, notifying applicants about adverse hiring decisions based on an applicant's criminal record, and any other matters involving the use of criminal record information.
   D.   Enforcement: Any complaint alleging a violation of this section shall be filed within the time provided in 5-3-10. Upon certification by the commission of an affirmative finding of probable cause that an employer has committed a violation of this section, the commission shall refer the complaint and probable cause finding to the city attorney for review, together with a recommendation as to the amount of a fine to be assessed. Upon determination that the complaint meets the requisite standard of proof, the city attorney shall issue a municipal infraction citation against the employer. A first offense shall be subject to a fine of up to seven hundred fifty dollars ($750.00), and a repeat offense within a period of three (3) years shall be subject to a fine of up to one thousand dollars ($1,000.00). Fines shall be payable to the complainant. For purposes of enforcing this section, the provisions of sections 5-3-10.D, 5-3-10.E, 5-3-10.F, 5-3-11, 5-3-12 and 5-3-13 shall not apply.
   E.   Effect On Other Laws; No Private Rights: This section shall not be interpreted or applied as imposing an obligation on the part of an employer to provide accommodations or job modifications in order to facilitate the employment of an applicant. Nothing in this section shall be construed to create a private right of action to seek damages or other relief of any kind.
   F.   This section shall be effective July 1, 2020. (Ord. 5522, 11-4-2019; amd. Ord. 5547, 5-9-2020)
ARTICLE A. FAIR HOUSING
SECTION:
5-3A-1: Definitions
5-3A-2: Prohibitions
5-3A-3: Discrimination In Residential Real Estate Related Transactions
5-3A-4: Discrimination In Provision Of Brokerage Services
5-3A-5: Interference, Coercion, Or Intimidation; Enforcement By Civil Action
5-3A-6: Exceptions
5-3A-7: Additional Administrative Proceedings
5-3A-8: Enforcement By The Commission; Housing, Additional Proceedings
5-3A-9: Civil Action For Enforcement When Election Is Made; Housing
5-3A-10: Enforcement By Private Persons; Housing
5-3A-11: Enforcement By The City Attorney; Housing
5-3A-12: Cooperation With State And Federal Agencies Administering Fair Housing Laws
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