1. Filing Eligibility and Method.
A. All persons claiming to be aggrieved by a discriminatory or unfair practice within the City may, by themselves or by counsel, make, sign and file with the Coralville City Attorney’s Office a verified, written complaint which shall state the name and address of the person, employer, employment agency or labor organization alleged to have committed the discriminatory or unfair practice of which complained, shall set forth the particulars thereof, and shall contain such other information as may be required by the County.
B. The City Attorney or any other person aware of the existence of a discriminatory practice may in like manner make, sign and file such complaint.
C. A claim under this chapter shall not be maintained unless a complaint is filed with the City Attorney within 180 days after the alleged discriminatory or unfair practice occurred.
D. A verified copy of a complaint filed with the State Civil Rights Commission, or its successor, under the provisions of Chapter 216, Code of Iowa, as amended, or EEOC, or its successor, shall be sufficient complaint for the purpose of this chapter if it alleges either in the text thereof or in accompanying statements that the alleged discriminatory practice occurred within the City.
2. Determination of State or City Investigation.
A. Upon the filing of a complaint, the City Attorney shall determine if the complaint alleges violations of Section 216, Code of Iowa. If the complaint alleges violation of Section 216, Code of Iowa, the City Attorney’s Office will forward a copy of the complaint to the Iowa Civil Rights Commission for review and investigation by the Iowa Civil Rights Commission.
B. If the complaint alleges a violation of the Coralville Human Rights Ordinance but is not covered by State or Federal law, the City Attorney’s Office will review and investigate the complaint as provided in this chapter.
3. Procedure. For the complaints of discrimination determined to be covered exclusively by this chapter and not State or Federal law, the following procedures will apply:
A. Upon the filing of a complaint, the City Attorney’s Office shall serve notice on the complainant acknowledging the filing and advising the complainant of the time limits and choice of forums provided under the law.
B. After the filing of a verified complaint, a true copy shall be served within twenty (20) days by certified mail on the person against whom the complaint is filed. Service is effective upon mailing.
4. Amending Complaints. Complaints and answers may be amended as follows:
A. The complainant shall have the power to amend any complaint at any time prior to the County Attorney’s probable cause recommendation.
B. The City Attorney shall have the power to amend any complaint after a probable cause finding and prior to the decision to have a public hearing.
C. At the discretion of the administrative law judge, the complaint may be amended after the decision to have a public hearing.
D. The respondent shall have like power to amend such respondent’s answer, at any time prior to hearing, and thereafter at the discretion of the administrative law judge.
E. Amendments to the complaint and answer alleging additional acts which constitute unfair or discriminatory practices related to or growing out of the subject matter of the original complaint will relate back to the date the original complaint or answer was filed.
5. Withdrawing Complaints. A complaint or any part thereof may be withdrawn by the complainant at any time prior to the notice of the public hearing and thereafter at the discretion of the City Attorney. However, nothing herein shall preclude the City Attorney from continuing the investigation and initiating a complaint on the City’s behalf against the original respondent whenever deemed to be in the public interest.
6. Investigation of Complaints. If the complaint alleges a violation of the Coralville ordinance, and the violation is not covered by State law, the following investigatory procedure will apply:
A. The City Attorney must commence proceedings with respect to the complaint before the end of the thirtieth day after receipt of the complaint. The City Attorney may draft and mail to the parties written questionnaire or document requests to which respondent and complainant are required to respond. Answers and documents are to be received by the County Attorney’s office within thirty (30) days of the receipt of the questionnaire/document request unless an extension has been granted by the County Attorney.
B. After reviewing materials responsive to the questionnaire/document request, the City Attorney shall determine whether the complaint warrants further investigation. If the City Attorney finds there is a reasonable possibility of a probable cause determination or the legal issues present in the complaint need further development, the County Attorney shall promptly resume the investigation of the complaint. If the County Attorney determines that the complaint does not warrant further investigation, it shall be administratively closed. Notice of such closure shall be promptly served upon the complainant and the respondent by certified mail. Service is effective upon mailing. Such notice shall state the reasons for administrative closure.
C. A complainant may object to the administrative closure and request review within 20 days of service. If a complainant makes a timely written request for review of the administrative closure, the City Attorney shall promptly review the complainant’s request and all relevant material. If, after review by the City Attorney, it is determined that the complaint does not warrant further processing, the City Attorney shall close the file and notify the complainant and respondent of the final decision of administrative closure. If, after review, the City Attorney determines that there is a reasonable possibility of a probable cause determination or the legal issues presented in the complaint need further development, the allegations will be investigated further.
D. Upon completion of the investigation, the City Attorney shall issue a written opinion as to whether probable cause exists to believe a discriminatory practice occurred as alleged by the complainant.
E. Any time after a complaint is filed under this chapter, but before a probable cause determination is made, the City Attorney may seek a disposition of the complaint through a predetermination settlement.
A. A complaint may be administratively closed at any time if the complainant cannot be contacted after diligent efforts or is uncooperative causing unreasonable delay in the processing of a complaint.
B. A complaint may be closed as satisfactorily resolved when the respondent has made an offer of settlement acceptable to the City Attorney but not the complainant. Notice of intended closure shall state the reasons for closure and be served by certified mail upon the complainant. The complainant shall be allowed thirty (30) days to respond in writing to the City Attorney either stating the reasons why the offer is unacceptable or accepting the offer. The City Attorney will review and consider the response before making a closure decision.
8. Mediation. The complainant or respondent may request mediation of the complaint at any time during the complaint process prior to the probable cause determination. Mediation shall not be undertaken unless both the complainant and respondent agree to participate. Mediation may be discontinued at the request of either party. If the complainant and respondent do not reach a mediation agreement, the complaint process shall continue to resolution as provided in this section.
A. A mediation agreement is an agreement between the respondent and complainant. It is not subject to review or approval of the City Attorney.
B. All verbal or written information relating to the subject matter of a mediation agreement and transmitted between either the complainant or respondent and a mediator to resolve a complaint filed under this chapter, whether reflected in notes, memoranda, or other work product, is confidential as provided in this chapter.
