216.19 - LOCAL LAWS IMPLEMENTING THIS CHAPTER.
216.19 LOCAL LAWS IMPLEMENTING THIS CHAPTER.
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 commission 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 civil rights commission and to aid in effectuating the purposes
of this chapter.
3. An agency or commission of local government and the Iowa civil
rights commission 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 civil rights commission 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 Iowa civil rights commission 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 Iowa civil rights commission shall
establish by rules the procedures for designating a referral agency
and the qualifications to be met by a referral agency.
5. The Iowa civil rights commission 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 civil rights
commission 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 Iowa civil rights commission alleging violations based upon the
same acts or practices cited in the original complaint; and a
complainant who files a complaint with the commission 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 Iowa civil rights commission in its
discretion may refer a complaint filed with the commission 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 commission 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 Iowa civil rights
commission.
8. The referral of a complaint by the Iowa civil rights
commission to a referral agency or by a referral agency to the Iowa
civil rights commission shall not affect the right of a complainant
to commence an action in the district court under section 216.16. Section History: Early Form
[C66, 71, § 105A.12; C73, § 601A.12; C75, 77, § 601A.17; C79, 81,
§ 601A.19] Section History: Recent Form
90 Acts, ch 1166, §1
C93, § 216.19
2009 Acts, ch 133, §214