(a) Complaints.
(1) Whenever it is charged in writing, by a person or aggrieved organization, hereinafter referenced to as "complainant", that any person, employer, employment agency, and/or labor organization, hereinafter referred to as the "respondent", has engaged in or is engaging in any unlawful discriminatory practices as defined in Chapter 637 of the Bexley City Codes, or upon its own initiative, in matters relating to such discriminatory practices, such charge shall be filed with the Bexley City Clerk of Courts within one hundred eighty (180) days after the alleged unlawful discriminatory practice is committed. The City of Bexley Prosecuting Attorney shall ensure a copy of the charge has been served on the respondent.
(2) If the charge of discrimination alleges a violation based on race, sex, color, religion, ancestry, national origin, age and/or disability, the complainant shall be instructed to file a charge of discrimination with the Ohio Civil Rights Commission (OCRC)/Equal Employment Opportunity Commission (EEOC). The Bexley City Clerk of Courts shall provide the complainant with information about this requirement and contact information for the OCRC/EEOC. Any complainant who timely filed a charge of discrimination under this Chapter may request the Bexley City Prosecuting Attorney to review the final determination made by the OCRC/EEOC on charges of discrimination containing the same allegations as in the original charge filed under this Chapter. Such request for review must be made within thirty (30) days of the OCRC/EEOC's final disposition of the charge.
If a request for review is made under this section, the Bexley City Prosecuting Attorney shall have no authority to proceed under City law unless the Bexley City Prosecuting Attorney finds that the decision of the OCRC/EEOC was arbitrary, capricious, or not in accordance with law. Upon such finding, the Bexley City Prosecuting Attorney shall process the charge pursuant to Sections 637.05(a)(3)-(6). Charges of discrimination alleging a violation of this Chapter based on sexual orientation, gender identity or expression or familial status along with an allegation of race, sex, color, religion, ancestry, national origin, age and/or disability discrimination shall be subject to deferral to the OCRC as set forth in this section. If the OCRC dismisses a charge of discrimination timely filed under this Chapter and based on sexual orientation, gender identity or expression or familial status for lack of jurisdiction, the complainant may, within thirty (30) days of such dismissal request the charge to proceed under this Chapter. Upon request, the City of Bexley Prosecuting Attorney shall handle the case in accordance with Sections 637.05(a)(3)-(6).
The Bexley City Prosecuting Attorney shall have no authority to review any charge under this section if complainant has appealed the OCRC decision to court or otherwise challenged the alleged unlawful discrimination in state or federal court.
(3) For cases processed by the City without intervention of the OCRC, the City of Bexley Prosecuting Attorney shall notify the complainant and respondent of the option for voluntary mediation. If both parties agree to voluntary mediation, a mediator designated by the City of Bexley shall endeavor to eliminate such alleged unlawful discriminatory practices by methods of mediation.
(4) Preliminary Investigation: If methods of mediation fail to effect the elimination of such alleged unlawful discriminatory practice and it is determined by the City of Bexley Prosecuting Attorney that the state or federal government has not exercised jurisdiction and provided mechanism for redress, the City of Bexley Prosecuting Attorney shall initiate a preliminary investigation. If the City of Bexley Prosecuting Attorney determines after such investigation, that it is not probable that unlawful discriminatory practices have been or are being engaged in, he shall notify the complainant and respondent in writing that it has been so determined, and that no other action will be initiated under this chapter.
(5) Determination Hearing: If methods of mediation fail to effect the elimination of such alleged unlawful discriminatory practice, and if the City of Bexley Prosecuting Attorney determines after preliminary investigation that it is probable that unlawful discriminatory practices have been or are being engaged in, and it is determined by the City of Bexley Prosecuting Attorney that the state or federal government has not exercised jurisdiction and provided mechanism for redress, the City of Bexley Prosecuting Attorney shall cause to be served upon the respondent and complainant a notice of a determination hearing before the City of Bexley Magistrate, notifying the respondent of a hearing at a time and place therein fixed to be held not less than fourteen (14) days after the service of such notice and stating the charges specified in the original charge upon which a probable cause determination has been made against the respondent. If circumstances warrant, the City of Bexley Prosecuting Attorney may serve such notice at any time during the complaint procedure.
Any such charge may be amended by the City of Bexley Magistrate or complainant at any time prior to or during the hearing based thereon. The respondent shall have the right to file an answer or to amend an answer to the original or amended charge, and to appear to such hearing in person, or by attorney, present evidence or otherwise to examine and cross-examine witnesses.
The complainant shall be a party to the proceeding, and any person who is an indispensable party to a complete determination or settlement of the question involved in the proceeding shall be joined.
In any proceeding, the City of Bexley Magistrate shall not be bound by the rules of evidence prevailing in the courts of law or equity, but shall in ascertaining the practices followed by the respondent, take into account all reliable, probative, and substantial evidence, statistical, or otherwise, produced at the hearing, which may tend to prove the existence of an unlawful discriminatory practice or a predetermined pattern of unlawful discriminatory practices under Chapter 637 of the City of Bexley Codes provided that nothing contained in this section shall be construed to authorize or require any person to observe the proportion which persons of any race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, disability, familial status or military status bear to the total population or in accordance with any criterion other than the individual qualifications of the applicant.
The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the City of Bexley Magistrate.
In conducting any hearing as provided herein, the City of Bexley Magistrate may upon request of any party subpoena as witnesses any person believed to have knowledge of the facts relevant to such hearing, compel the production of books, papers, records or other evidence relative to such hearing by the person having custody or control thereof and may administer oaths, take testimony and issue such rules as shall be necessary to effectuate an investigatory hearing under this section.
Upon written application of the respondent, complainant or the City of Bexley Prosecuting Attorney, the City of Bexley Magistrate shall issue subpoenas as if issued on its own motion.
The Bexley City Magistrate shall issue a written decision concerning the charges in the complaint. The decision shall include findings of fact and conclusions of law. Any decision by the Bexley City Magistrate may be appealed to the Franklin County Court of Common Pleas to the extent authorized by applicable law.
(6) Notice of Violation and Order to Cease and Desist: If upon all the evidence presented, the City of Bexley Magistrate determines that the respondent has engaged in, or is engaging in, any unlawful discriminatory practice under this chapter, whether against the complainant or others, the City of Bexley Magistrate shall issue a notice of violation, and shall issue an order to respondent to cease and desist the unlawful discriminatory practice.
In addition to issuing a cease and desist order, the Bexley City Magistrate shall have the authority to issue the following remedies:
A. Up to $1,000 for a first offense in the five years preceding the filing of the charge;
B. Up to $2,500 for a second offense in the five years preceding the charge.
C. Up to $5,000 for a third or subsequent offense in the five years preceding the charge.
The notice of violation, order to cease and desist of the City of Bexley Magistrate and any other penalty shall be served on the respondent and complainant.
The City of Bexley Prosecuting Attorney is authorized to institute in the name of the City of Bexley any appropriate civil enforcement proceedings.
(b) Whoever fails to comply with a subpoena issued by the City of Bexley Magistrate as provided in this section is guilty of a minor misdemeanor.
(c) Failure to Comply with Lawful Order: Any person who commits an unlawful discriminatory practice under any of the provisions of this chapter and fails to obey any order of the City of Bexley Prosecuting Attorney or the City of Bexley Magistrate to cease and desist such unlawful discriminatory practice shall be guilty of failure to comply with an unlawful discriminatory practice order, a misdemeanor of the first degree.
(Ord. 12-15. Passed 6-23-15.)