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Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 29
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-29- persons who served on the investigating committee, but they need not be. The ordinance is purposely flexible on this point.) Section 306. Proceedings toward conciliation. 1. If the person or persons directed to conciliate succeed in conciliation, they shall report to the Commission and shall submit a proposed written conciliation agreement. The conciliation agreement shall be effective only if approved by the person charged and by the Commission. The complainant shall have an opportunity to be heard as to the terms of the conciliation agreement, but the Commission may act without his approval. 2. If the Commission accepts the conciliation agreement, it shall close the case, subject to whatever continuing supervision of the charged party is provided in the agreement. If the Commission accepts the conciliation agreement, it shall communicate the terms of the agreement to the Iowa State Civil Rights Commission. 3. If the Commission rejects the conciliation agreement, it shall proceed as provided in section 307 of this ordinance. (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which discriminated might agree to serve without such discrimination and also agree to serve a specified individual who originally made the complaint.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 complaint could follow the violation of the terms of such an agreement, or the instant case could be reopened.)
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-29- persons who served on the investigating committee, but they need not be. The ordinance is purposely flexible on this point.) Section 306. Proceedings toward conciliation. 1. If the person or persons directed to conciliate succeed in conciliation, they shall report to the Commission and shall submit a proposed written conciliation agreement. The conciliation agreement shall be effective only if approved by the person charged and by the Commission. The complainant shall have an opportunity to be heard as to the terms of the conciliation agreement, but the Commission may act without his approval. 2. If the Commission accepts the conciliation agreement, it shall close the case, subject to whatever continuing supervision of the charged party is provided in the agreement. If the Commission accepts the conciliation agreement, it shall communicate the terms of the agreement to the Iowa State Civil Rights Commission. 3. If the Commission rejects the conciliation agreement, it shall proceed as provided in section 307 of this ordinance. (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 complaint could follow the violation of the terms of such an agreement, or the instant case could be reopened.)
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