Any person claiming to be aggrieved by a violation of Section 1373.02 may, by himself or with his attorney at law, make, sign and file with the Clerk of Council a written verified complaint which shall state the name and address of the person alleged to have committed the violation complained of and shall set forth the particulars of the alleged violation and such other information as may be required by the Board. Such complaint shall be filed within sixty (60) days after the alleged act of discrimination.
After the filing of any complaint, the Chairman of the Board shall designate a subcommittee of one or more of the members to make a prompt investigation in connection therewith; and if such member or members shall determine, after such investigation, that probable cause exists for creating the allegations of the complaint, the subcommittee shall immediately endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation and persuasion. The members of the Board shall not disclose what has transpired in the course of such endeavors except to other members of the Board. Members of the City Council and City Manager may be advised upon completion of the proceeding but advice of the Law Director may be sought at any time.
In case of failure to eliminate such practice, or in advance thereof, if in the subcommittee’s judgment circumstances so warrant, the subcommittee shall cause to be issued and served in the name of the Board, a written notice together with a copy of such complaint, upon the person charged with having engaged, or engaging, in an unlawful discriminatory practice, hereinafter referred to as respondent, to answer the charges of such complaint at a hearing before the Board, at a time and place to be specified in such notice. The place of any such hearing shall be the office of the Board or such other place as may be designated by it. The case in support of the complaint shall be presented before the Board by the City Law Director or an assistant. The aforesaid endeavors at conciliation shall not be received in evidence. The respondent may file a written verified answer to the complaint and appear at such hearing in person or otherwise, with or without counsel, and submit testimony. In the discretion of the Board, the complainant may be allowed to intervene and present testimony in person or by counsel. The Board or the complainant shall have the power to reasonably and fairly to amend any complaint, and the respondent shall have like power to amend his answer. The Board shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and recorded. If, upon all the evidence at the hearing, the Board shall find that a respondent has engaged in any unlawful discriminatory practice as defined in this chapter, the Board shall state its findings of fact and shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful discriminatory practice and to take such affirmative action as may be indicated to effectuate the provisions of this chapter. If, upon all the evidence, the Board shall find that a respondent has not engaged in any such unlawful discriminatory practice, the Board shall state its findings of fact and shall issue and cause to be served on the complainant an order dismissing said complaint as to such respondent. A copy of its order shall be delivered in all cases to the Clerk of Council. The Board shall establish rules of practice to govern, expedite and effectuate the foregoing procedure and its own actions thereunder. Any complaint filed pursuant to this section must be so filed within sixty (60) days after the alleged act of discrimination.
(Ord. 103-95. Passed 7-24-95.)