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Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 18
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-18- and following of this ordinance. It shall notify the Iowa State Civil Rights Commission of the rejection of the proposed agreement and of the action taken. (Comment. If a discriminatory practice has in fact occurred, voluntary compliance with the law is the ideal. The conciliators should seek to obtain the agreement of the offending party to comply with the law. The agreement should be relatively formal and in writing, setting forth the promise not to discriminate and also setting forth any affirmative acts which the person charged agrees to do to alleviate past discrimination. Thus, for example, a restaurant which discriminated might agree to serve without such discrimination and also agree to serve a specified individual who originally made the complaint. The Commission must approve the agreement, before it becomes effective. The purpose of the Commission is primarily the establishment of a public policy of non-discrimination in the city, rather than the alleviation of individual grievances. For that reason, individual acceptance of the conciliation agreement is not required. If the Commission accepts the agreement, it may exercise whatever continuing supervision may be required to insure compliance with it. A Commission compliant could follow the violation of the terms of such an agreement, or the instant case could be reopened. If the Commission rejects the proposed agreement, it has the alternatives of attempting to negotiate a satisfactory conciliation agreement or of proceeding tot he public hearing and enforcement procedures under the subsequent sections of the ordinance.) Section 307. Proceedings upon failure to conciliate. If after attempts to conciliate the person or persons directed to conciliate shall find that they are unable to conciliate the matter, they shall report the same in writing to the Commission. If the Commission determines the charge to be well founded, it may then file its complaint of the discriminatory practice charged. If the Commission determines the charge not to be well founded, it shall declare the case closed and shall so notify the parties. In either event, the Commission shall notify the Iowa State Civil Rights Commission of the failure of conciliation efforts and of the action taken. (Comment. This section deals with the case in which efforts to conciliate the matter fail. Conciliation may fail for two reasons: (1) because the further investigation during the
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-18- and following of this ordinance. It shall notify the Iowa State Civil Rights Commission of the rejection of the proposed agreement and of the action taken. (Comment. If a discriminatory practice has in fact occurred, voluntary compliance with the law is the ideal. The conciliators should seek to obtain the agreement of the offending party to comply with the law. The agreement should be relatively formal and in writing, setting forth the promise not to discriminate and also setting forth any affirmative acts which the person charged agrees to do to alleviate past discrimination. Thus, for example, a restaurant which discriminated might agree to serve without such discrimination and also agree to serve a specified individual who originally made the complaint. The Commission must approve the agreement, before it becomes effective. The purpose of the Commission is primarily the establishment of a public policy of non-discrimination in the city, rather than the alleviation of individual grievances. For that reason, individual acceptance of the conciliation agreement is not required. If the Commission accepts the agreement, it may exercise whatever continuing supervision may be required to insure compliance with it. A Commission compliant could follow the violation of the terms of such an agreement, or the instant case could be reopened. If the Commission rejects the proposed agreement, it has the alternatives of attempting to negotiate a satisfactory conciliation agreement or of proceeding tot he public hearing and enforcement procedures under the subsequent sections of the ordinance.) Section 307. Proceedings upon failure to conciliate. If after attempts to conciliate the person or persons directed to conciliate shall find that they are unable to conciliate the matter, they shall report the same in writing to the Commission. If the Commission determines the charge to be well founded, it may then file its complaint of the discriminatory practice charged. If the Commission determines the charge not to be well founded, it shall declare the case closed and shall so notify the parties. In either event, the Commission shall notify the Iowa State Civil Rights Commission of the failure of conciliation efforts and of the action taken. (Comment. This section deals with the case in which efforts to conciliate the matter fail. Conciliation may fail for two reasons: (1) because the further investigation during the
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