(1) Agency Enforcement.
(a) A parking employee or other person may file a complaint with the Agency for any violation of this Chapter. The Agency may also conduct an investigation on its own initiative.
(b) The Agency shall maintain as confidential the identity of any complainant unless disclosure of such complainant's identity is necessary for resolution of any investigation by the Agency, or otherwise required by law. The Agency shall, to the extent practicable, notify such complainant that the Agency will be disclosing his or her identity prior to such disclosure.
(c) Upon receiving a complaint alleging a violation of this Chapter, or upon its own initiative, the Agency shall investigate alleged violations of this Chapter. The Agency may designate representatives to inspect worksites and access records required to be maintained under Section 9-4707. The Agency shall have the power to subpoena records and testimony from any party to a complaint. Such records shall be provided to the Agency within thirty (30) days after receipt of the subpoena.
(d) The Agency shall keep complainants reasonably notified regarding the status of their complaint and any resulting investigation and shall notify complainants of any final decision of the Agency, including any mediation result, with respect to the complaint.
(e) Whenever the Agency finds that a violation of this Chapter has occurred, it shall issue to the offending parking employer a notice of violation and may seek to resolve violations by mediation.
(f) The Agency shall have the power to impose penalties and fines for violations of this Chapter and to provide or obtain appropriate relief. Remedies shall include reinstatement, restoration of hours, other injunctive relief, back pay and benefits, any other damages suffered as a result of the parking employer's violation of this Chapter, and reasonable attorney's fees and costs. In addition, the Agency may impose on the parking employer liquidated damages up to a maximum of two thousand dollars ($2,000).
(g) It shall be a Class III offense under subsection 1-109(3) of this Code for a parking employer to retaliate against a parking employee for any activity protected under this Chapter or subsection 9-601(8) of Chapter 9-600. All other violations of this Chapter shall be Class II offenses under subsection 1-109(2) of this Code. 1257
(2) Civil Action.
(a) The Agency, the City Solicitor, any person aggrieved by a violation of this Chapter, or any entity a member of which is aggrieved by a violation of this Chapter, may bring a civil action in a court of competent jurisdiction against a parking employer for violations of this Chapter.
(b) If during the pendency of a determination by the Agency, prior to the issuance of a final decision, a complainant parking employee brings a private action under this Ordinance in a court of competent jurisdiction, seeking relief based upon the same facts and allegations as the complainant employee's complaint under this Chapter, or affirmatively or by consent opts to participate in any such litigation, that complainant employee's complaint to the Agency shall be deemed withdrawn with respect to any respondent parking employer named as a defendant in such court action. This Section shall be interpreted narrowly so as to leave unaffected any cumulative rights which were not the subject of the complainant employee's complaint.
(c) Nothing in this Chapter or its implementing regulations shall be construed to require a complaint to be filed with the Agency before bringing an action in court or before any other governmental agency.
(d) Upon a complainant's prevailing in an action brought pursuant to this Section, the court shall order reinstatement, restoration of hours, other injunctive relief, back pay and benefits, any other damages suffered as a result of the parking employer's violation of this Chapter, and reasonable attorney's fees and costs. In addition, the court may impose on the parking employer liquidated damages up to a maximum of two thousand dollars ($2,000).
(3) Limitations. The limitations period for an agency complaint or a civil action brought pursuant to this Chapter shall be two (2) years from the date the plaintiff knew or should have known of the violation.
Notes
| 1257 | Enrolled bill numbered this as subsection (h); renumbered by Code editor. |