§ 216.19 — Local laws implementing chapter

Iowa § 216.19

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 216: OFFICE OF CIVIL RIGHTS

Text

1. All cities shall, to the extent possible, protect the rights of the citizens of this state
secured by the Iowa civil rights Act. Nothing in this chapter shall be construed as indicating
any of the following:
a. An intent on the part of the general assembly to occupy the field in which this chapter
operates to the exclusion of local laws not inconsistent with this chapter that deal with the
same subject matter.
b. An intent to prohibit an agency or commission of local government having as its
purpose the investigation and resolution of violations of this chapter from developing
procedures and remedies necessary to insure the protection of rights secured by this chapter.
c. Limiting a city or local government from enacting any ordinance or other law which
prohibits broader or different categories of unfair or discriminatory practices.
2. A city with a population of twenty-nine thousand, or greater, shall maintain an
independent local civil rights agency or commission consistent with agency rules adopted
pursuant to chapter 17A. An agency or commission for which a staff is provided shall have
control over such staff. A city required to maintain a local civil rights agency or commission
shall structure and adequately fund the agency or commission in order to effect cooperative
undertakings with the Iowa office of civil rights and to aid in effectuating the purposes of
this chapter.
3. An agency or commission of local government and the Iowa office of civil rights
shall cooperate in the sharing of data and research, and coordinating investigations and
conciliations in order to expedite claims of unlawful discrimination and eliminate needless
duplication. The Iowa office of civil rights may enter into cooperative agreements with any
local agency or commission to effectuate the purposes of this chapter. Such agreements
may include technical and clerical assistance and reimbursement of expenses incurred by
the local agency or commission in the performance of the agency’s or commission’s duties if
funds for this purpose are appropriated by the general assembly.
4. The director may designate an unfunded local agency or commission as a referral
agency. A local agency or commission shall not be designated a referral agency unless the
ordinance creating it provides the same rights and remedies as are provided in this chapter.
The director shall establish by rules the procedures for designating a referral agency and
the qualifications to be met by a referral agency.
5. The director may adopt rules establishing the procedures for referral of complaints. A
referral agency may refuse to accept a case referred to it by the Iowa office of civil rights
if the referral agency is unable to effect proper administration of the complaint. It shall be
the burden of the referral agency to demonstrate that it is unable to properly administer that
complaint.
6. A complainant who files a complaint with a referral agency having jurisdiction shall be
prohibited from filing a complaint with the agency alleging violations based upon the same
acts or practices cited in the original complaint; and a complainant who files a complaint
with the agency shall be prohibited from filing a complaint with the referral agency alleging
violations based upon the same acts or practices cited in the original complaint. However,
the agency in its discretion may refer a complaint filed with the agency to a referral agency
having jurisdiction over the parties for investigation and resolution; and a referral agency in
its discretion may refer a complaint filed with that agency to the office for investigation and
resolution.
7. A final decision by a referral agency shall be subject to judicial review as provided in
section 216.17 in the same manner and to the same extent as a final decision of the agency.

8. The referral of a complaint by the Iowa office of civil rights to a referral agency or by a
referral agency to the Iowa office of civil rights shall not affect the right of a complainant to
commence an action in the district court under section 216.16.

Legislative History

[C66, 71, §105A.12; C73, §601A.12; C75, 77, §601A.17; C79, 81, §601A.19]