Chapter 4.04 HUMAN RIGHTS
Section 4.04.130 Powers and duties of the Commission.
The commission shall have the following powers and duties:
1. To appoint an executive director subject to confirmation by the city council;
to authorize the hiring of
such additional personnel as deemed necessary, subject to budgetary limitations; and to remove such
executive director for misdemeanor, incompetency, inattention to duty or failure to obey the policies
of the
commission.
2. To receive, investigate, mediate, and finally determine the merits of complaints
alleging unfair or
discriminatory practices.
3. To investigate and study the existence, character, causes, and extent of
discrimination in public
accommodations, employment, apprenticeship programs, on-the-job training programs, vocational schools,
credit practices, and housing in this city and to attempt the elimination of such discrimination by
education
and conciliation.
4. To seek a temporary injunction against a respondent when it appears that
a complainant may suffer
irreparable injury as a result of an alleged violation of this chapter. A temporary injunction
may only be
issued ex parte, if the complaint filed with the commission alleges discrimination in housing. In
all other
cases a temporary injunction may be issued only after the respondent has been notified and afforded
the
opportunity to be heard.
5. To hold hearings upon any complaint made against a person, an employer, an
employment agency, or a
labor organization, or the employees or members thereof, to subpoena witnesses and compel their
attendance at such hearings, to administer oaths and take the testimony of any person under oath, and
to
compel such person, employer, employment agency, or labor organization, or employees or members
thereof to produce for examination any books and papers relating to any matter involved in such complaint.
The commission shall issue subpoenas for witnesses in the same manner and for the same purposes on
behalf of the respondent upon the respondent's request. Such hearings may be held by the commission,
by
any commissioner or by any hearing examiner appointed by the commission; however, the commission shall
retain the sole power to issue and seek enforceable subpoenas. If a witness either fails or refuses
to obey a
subpoena issued by the commission, the commission may petition the district court having jurisdiction
for
issuance of a subpoena and the court shall in a proper case issue the subpoena. Refusal to obey
such
subpoena shall be subject to punishment for contempt.
6. To issue such publications and reports of investigations and research as
in the judgment of the
commission shall tend to promote good will among the various racial, religious, social, and ethnic groups
of
the city and which shall tend to minimize or eliminate discrimination in public accommodations,
employment, apprenticeship and on-the-job training programs, vocational schools, or housing because
of
race, creed, color, sex, national origin, religion, ancestry or disability.
7. To prepare and transmit to the mayor and to the city council from time to
time, but not less often than
once each year, reports describing its proceedings, investigations, hearings conducted and the outcome
thereof, decisions rendered, and the other work performed by the commission.
8. To make recommendations to the city council for such further legislation
concerning discrimination
because of any protected class of persons as it may deem necessary and desirable.
9. To co-operate, within the limits of any appropriations made for its operation,
with other agencies or
organizations, both public and private, whose purposes are consistent with those of this chapter, and
in the
planning and conducting of programs designed to eliminate racial, religious, cultural, and intergroup
tensions.
10. To adopt, publish, amend, and rescind regulations consistent with and necessary
for the enforcement
of this chapter.
11. To receive, administer, dispense and account for any funds that may be voluntarily
contributed to the
commission and any grants that may be awarded the commission for furthering the purposes of this chapter.
12. To create such advisory committee as will aid in effectuating the purposes
of this chapter, which may
be authorized to study the problems of discrimination because of age, race, religion, creed, color,
sex,
national origin, membership in a protected class defined by the Iowa Civil Rights Act and/or the Federal
Civil Rights Act, ancestry and disability and which may be authorized to foster through community effort
or
otherwise, good will, cooperation and conciliation among the groups and elements of the population of
this
city, and make recommendations to the commission for the development of rules and procedures, and for
programs of formal and informal education which the commission may recommend to the city council. Such
advisory committee shall be composed of representative citizens serving without pay. The commission
may
itself make the studies and perform the acts authorized by this subsection. The commission may,
by
voluntary conference with the parties in interest, endeavor by conciliation and persuasion to eliminate
discrimination in all the stated fields and to foster good will and cooperation among all elements of
the
population of the city.
13. To issue subpoenas and order discovery as provided by this section in aid
of investigations and
hearings of alleged unfair or discriminatory housing or real property practices. The subpoenas
and
discovery may be ordered to the same extent and are subject to the same limitations as subpoenas and
discovery in a civil action in district court.
14. To administer oaths and affirmations, certify its official acts, and issue
subpoenas and other legal
process to compel the production of testimony, books, records, papers, accounts, or documents reasonably
relevant to any inquiry, investigation, hearing or proceeding brought under this Ordinance.
15. To enter into agreements as a deferral agency with the Iowa Civil Rights
Commission to receive such
complaints as the Iowa Commission may refer; to investigate and process them in the same manner as a
complaint originally filed with the Sioux City Human Rights Commission and to report its investigative
results, findings, conclusions, recommendations and orders to the Iowa Civil Rights Commission.
16. To establish and constitute committees, standing, committees, or advisory
councils as the
Commission deems appropriate, and appoint members thereto.
17. To utilize volunteers to aid in the conduct of the commission's business
including case processing
functions such as intake, screening, investigation, and mediation.
State law reference: Similar provision Iowa Code 216.5. (Ord. 2008-0235; 2003-0051; 2000-9018;
99-7659; 92/T-10624; 91/T-9425; S-32708, 1977)