(a) Written allegations or complaints. When the City Manager receives written notice of an allegation or complaint that a contractor has violated the contract terms enumerated in city code § 2.101, the City Manager or a qualified designee appointed by the City Manager shall conduct an investigation to determine the merits of the complaint or allegation and shall recommend to the City Human Rights Commission that either no action be taken or certain sanctions be imposed. Pending a hearing on the recommendation, the City Manager or the qualified designee may suspend the contract in accordance with city code § 2.101(4).
(b) Hearing. Upon receipt of the recommendation from the City Manager or the Manager’s qualified designee, the City Human Rights Commission shall hold a hearing by a panel composed of three members of the Commission, designated by the Chair of the Commission, at a place, time and date agreed upon. The hearing shall be held to determine the merits of the allegation or complaint and the sanctions, if any, recommended by the City Manager. The city shall proceed first with such witnesses or testimony as may establish the basis for the City Manager’s recommendation, followed by the contractor and/or the complainant, who may proceed with such witnesses and testimony as may be desired.
(c) Evidence. The Commission panel shall keep a record of the hearing, including testimony and exhibits and such other documentary evidence as may be received. All testimony shall be received under oath and all witnesses shall be subject to cross examination. The panel shall receive and give appropriate weight to all evidence, including hearsay evidence, which possesses prohibitive value commonly accepted by reasonable and prudent persons in the conduct of their own affairs.
(d) Decision. The Commission panel shall deliberate at such times as may be necessary to arrive at its determination in the case. The final panel determination shall be put in the form of findings and a motion for a resolution to be presented to the full Commission at its next regular meeting. The resolution shall either recommend that the Commission propose one or more of the sanctions against the contractor listed in City Code § 2.101(4) or that no action be taken. The findings and resolution motion shall be served on or mailed to the contractor and the complainant in advance of the Commission meeting at which the panel recommendation will be considered.
(e) Commission action. The Commission shall thereupon, at its next regular meeting, consider the findings and the resolution motion of the Commission panel and any written statements submitted by the contractor and/or the complainant concerning the panel’s determination. The record of the panel hearing shall be available to the Commission, and the Commission shall not be required to hear any additional testimony.
(f) Final action. The Commission may adopt the panel’s determination, with or without amendment, or may decline to take any action. The panel determination shall be served upon the contractor and the complainant and forwarded to the City Council. The City Council shall thereafter take final action including final imposition of sanctions under City Code § 2.101(4) or any other action it deems just and proper to resolve the matter.
(Ord. 98-53, passed 11-16-1998)