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Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 13
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-13- Section 301. Charge. 1. Any person claiming to be aggrieved by a discriminatory or unfair practice within this city may, by himself or his attorney, make, sign, and file a verified written charge of discriminatory practice. The Commission, a member of the Commission, the city attorney, or the Iowa State Civil Rights Commission may in like manner make, sign and file such charge. Any place of public accommodation, employer, labor organization, or other person who has any employees or members who refuse or threaten to refuse to comply with the provisions of this ordinance may in like manner make, sign, and file such charge. 2. A verified copy of a complaint filed with the Iowa State Civil Rights Commission under the provisions of Chapter one hundred five a (105A) of the Code of Iowa, 1966, as amended, shall be a sufficient charge for the purpose of this ordinance, if it alleges either in the text thereof or in accompanying statements that the alleged discriminatory practices occurred within this city. 3. Charges may be filed with any member of the commission, with the director or secretary of the commission or with the city clerk. 4. Any complaint filed under this ordinance shall be so filed within sixty (60) days after the most recent act constituting the alleged discriminatory or unfair practice. (Comment. This provision generally follows Iowa Code section 105A.9(1) and (2) in permitting the aggrieved party and certain public officials to file charges. Only public officials and injured parties can commence proceedings; the commission is not a forum for the officious bystander. The section deviates from the pattern of the state law in permitting the State Civil Rights Commission to invoke the authority of the city Human Rights Commission. This should permit more extensive state-local cooperation in this field. This ordinance follows the terminology of the National Labor Relations Act in calling the document filed a "charge." As provided in subsequent sections, only the Commission itself may issue a "complaint." The Commission or a committee of it will examine charges for "probable cause" before issuing a complaint. The aggrieved individual may choose to use both city and state agencies in seeking the remedy of his grievance. For this reason, a copy of the complaint to the State Civil Rights Commission is permitted as a charge before the
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-13- Section 301. Charge. 1. Any person claiming to be aggrieved by a discriminatory or unfair practice within this city may, by himself or his attorney, make, sign, and file a verified written charge of discriminatory practice. The Commission, a member of the Commission, the city attorney, or the Iowa State Civil Rights Commission may in like manner make, sign and file such charge. Any place of public accommodation, employer, labor organization, or other person who has any employees or members who refuse or threaten to refuse to comply with the provisions of this ordinance may in like manner make, sign, and file such charge. 2. A verified copy of a complaint filed with the Iowa State Civil Rights Commission under the provisions of Chapter one hundred five a (105A) of the Code of Iowa, 1966, as amended, shall be a sufficient charge for the purpose of this ordinance, if it alleges either in the text thereof or in accompanying statements that the alleged discriminatory practices occurred within this city. 3. Charges may be filed with any member of the commission, with the director or secretary of the commission or with the city clerk. 4. Any complaint filed under this ordinance shall be so filed within sixty (60) days after the most recent act constituting the alleged discriminatory or unfair practice. (Comment. This provision generally follows Iowa Code section 105A.9(1) and (2) in permitting the aggrieved party and certain public officials to file charges. Only public officials and injured parties can commence proceedings; the commission is not a forum for the officious bystander. The section deviates from the pattern of the state law in permitting the State Civil Rights Commission to invoke the authority of the city Human Rights Commission. This should permit more extensive state-local cooperation in this field. This ordinance follows the terminology of the National Labor Relations Act in calling the document filed a "charge." As provided in subsequent sections, only the Commission itself may issue a "complaint." The Commission or a committee of it will examine charges for "probable cause" before issuing a complaint. The aggrieved individual may choose to use both city and state agencies in seeking the remedy of his grievance. For this reason, a copy of the complaint to the State Civil Rights Commission is permitted as a charge before the
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