The Ames City Council decided how the city will handle gender identity discrimination complaints after directing city staff members in December to add gender identity as a protected class in the city’s human relations code.

City officials on Tuesday asked the council for guidance on three key issues before drafting the ordinance: Who will investigate complaints? What penalties will violators face? And will mediation be offered?

The Ames Human Relations Commission has not investigated discrimination complaints since 2019, instead referring cases to the Iowa Office of Civil Rights. But gender identity is no longer protected under Iowa law, meaning state officials cannot handle those complaints. That leaves the city needing to create its own process.

City staff recommend the city investigate only gender identity complaints while continuing to send other discrimination cases to the state. The council approved the recommendation.

From 2020 to 2023, there were seven gender identity discrimination complaints in Ames, according to state data. Staff members proposed having an assistant city manager handle intake and investigation, with the city attorney deciding whether to issue citations.

The alternative would be for the city to investigate all discrimination complaints, but city staff say that would require more resources and possibly hiring outside legal counsel since the city’s legal department does not specialize in discrimination law.

Iowa law allows cities to fine violators up to $750 for a first offense and $1,000 for repeat offenses. Ames’ default penalties are much lower: $30 for a first offense, $100 for the first repeat offense and $200 for subsequent violations. Staff recommend adopting the maximum penalties allowed, saying the lower amounts would not prevent discrimination. The council also approved having the higher fines written in the proposed ordinance.

Staff also recommend including mediation as an option, allowing parties to resolve complaints through a third-party mediator before or during an investigation. The voluntary process could save time and satisfy both parties without a full investigation, officials said. The council approved this recommendation as well.

The city is still waiting for 2024 complaint data from the state after paying a $62 fee to obtain it.

Approval of the staff recommendations will serve as guidance to the city’s legal team when drafting an ordinance to amend the municipal code.