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Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 10
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-10- ARTICLE THREE. ENFORCEMENT. (Comment. The mere declaration of public policy against discrimination is not sufficient to ensure non-discriminatory treatment of all individuals. The law must include an enforcement procedure in addition to a declaration of policy. The proposed ordinance has two separate enforcement procedures submitted for consideration by the City Council. Alternative A is for those communities which are willing to grant their commissions power to enforce the law. Alternative B is for those communities which wish to limit their commission to conciliatory efforts. Under both alternatives, close to cooperation with the Iowa State Civil Rights Commission is anticipated. Alternative A will allow the local Commission to handle all violations of civil rights in the city. An individual may choose to file his charge with local authorities, rather than with the state authorities, even if he does file, the state commission will probably defer to the local Commission, if it appears that the local Commission is making progress in the case. Under Alternative B, the local Commission will only have conciliatory powers. If it is unable to reach an agreed settlement, it will be necessary for the state Commission to intervene in the case. Both alternative versions provide in section 303 for an alternative to the bonding procedure now contained int he state statute. This provides for a preliminary screening of charges by a committee of the Commission. This committee can screen out frivolous charges, while directing that further proceedings be taken in cases which appear to have merit. (The committee performs the same function in this procedure which the grand jury and the preliminary examination perform in criminal cases. It is to use the same standard: Is there probable cause to believe that a violation of the ordinance has taken place.) The two alternatives are set out separately.)
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-10- ARTICLE THREE. ENFORCEMENT. (Comment. The mere declaration of public policy against discrimination is not sufficient to ensure non-discriminatory treatment of all individuals. The law must include an enforcement procedure in addition to a declaration of policy. The proposed ordinance has two separate enforcement procedures submitted for consideration by the City Council. Alternative A is for those communities which are willing to grant their commissions power to enforce the law. Alternative B is for those communities which wish to limit their commission to conciliatory efforts. Under both alternatives, close to cooperation with the Iowa State Civil Rights Commission is anticipated. Alternative A will allow the local Commission to handle all violations of civil rights in the city. An individual may choose to file his charge with local authorities, rather than with the state authorities, even if he does file, the state commission will probably defer to the local Commission, if it appears that the local Commission is making progress in the case. Under Alternative B, the local Commission will only have conciliatory powers. If it is unable to reach an agreed settlement, it will be necessary for the state Commission to intervene in the case. Both alternative versions provide in section 303 for an alternative to the bonding procedure now contained int he state statute. This provides for a preliminary screening of charges by a committee of the Commission. This committee can screen out frivolous charges, while directing that further proceedings be taken in cases which appear to have merit. (The committee performs the same function in this procedure which the grand jury and the preliminary examination perform in criminal cases. It is to use the same standard: Is there probable cause to believe that a violation of the ordinance has taken place.) The two alternatives are set out separately.)
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