(A) Enforcement.
(1) The City Manager may appoint a person to assist the Human Rights Commission to carry out any or all of the duties, obligations, rights or powers under the provisions of this subchapter. The job title shall be designated by the City Manager.
(2) The City Manager shall provide the Human Rights Commission with a monthly report of complaints received and the status of each complaint.
(3) Administration and enforcement of this subchapter shall be as follows.
(a) Any person claiming to be aggrieved by a violation of this chapter may, within 90 days of the alleged violation or within 30 days of the dismissal of a charge or complaint concerning the same matter by another governmental agency or state or federal court without a final judgment on the merits, whichever last occurs, file a written complaint under oath with the City Manager. The City Manager may designate an agent to fulfill the duties and procedures outlined herein.
(b) A person who has filed a complaint with the Human Rights Commission, and whose complaint is pending shall provide written notice to the Human Rights Commission within five business days of the filing of any complaint or charge on his or her behalf with another agency or state or federal court that seeks relief or damages for the same alleged violation(s) arising from the same transaction(s) or occurrence(s) upon which the person seeks relief hereunder. Upon receiving notice of the other charge or complaint, the Human Rights Commission shall have discretion to dismiss the complaint filed hereunder. The failure to provide such notice in a timely manner may result in the immediate dismissal of the complaint filed herein. The complaint shall state:
1. The name and address (if known) of the alleged violator or facts sufficient to identify such person;
2. An outline of the material facts upon which the complaint is based;
3. The alleged violation;
4. Any conduct of the complainant was for the purpose of obtaining the housing, employment or public accommodation in question and not for the purpose of harassment or entrapment of the person against whom the complaint is made; and
5. A complaint concerning this same matter has not been filed with another agency or that any complaint concerning this matter filed with another agency has been dismissed by such agency without a final judgment on the merits.
(c) The City Manager shall furnish a copy of the complaint to the person against whom the complaint is made.
(d) Before conducting a full investigation of the complaint, the City Manager may attempt to negotiate a settlement of the dispute between the parties, if the City Manager deems that such an attempt is practicable.
(e) If the City Manager does not deem it practicable to attempt a pre-investigation settlement or if such settlement attempt is unsuccessful, the City Manager shall conduct an investigation to determine whether there is probable cause to believe the allegations of the complaint.
(f) If the City Manager determines that there is no probable cause, the City Manager shall dismiss the complaint. Written notice of the dismissal shall be served upon the complainant by U.S. mail, postage prepaid. The notice shall state that complainant or his or her designee may request a hearing before a hearing officer of the Human Rights Commission, in writing, within 14 days and shall include a hearing request form with instructions as to how to file that request.
(g) If the City Manager determines that there is sufficient basis in fact to support the complaint, the City Manager shall endeavor to eliminate the alleged violation by a conciliation agreement, signed by all parties and the City Manager, wherein the alleged violation is eliminated and the complainant is made whole to the greatest extent practicable.
(h) The City Manager shall furnish a copy of such signed conciliation agreement to the complainant and the person charged. The terms of the conciliation agreement may be made public, but no other information relating to any complaint, its investigation, or its disposition may be disclosed without the consent of the complainant and the person charged.
(i) A conciliation agreement need not contain a declaration or finding that a violation has in fact occurred.
(j) A conciliation agreement may provide for dismissal of the complaint without prejudice.
(k) The Human Rights Commission shall have discretion to approve, modify or reject the conciliation agreement. If the conciliation agreement is modified or rejected, any interested party shall be entitled to a request to pursue further reconciliation or other remedial action as provided herein.
(4) The City Manager shall have 30 days from the filing of the complaint to attempt to eliminate the alleged violation by conciliation agreement. In the event that either the complainant or the person or entity charged indicates an unwillingness to participate in the conciliation process or in the event that no conciliation process or no conciliation agreement has been reached within the time provided, the City Manager shall refer the complaint for hearing. The City Manager may continue attempts to reach a conciliation agreement after referral of the complaint for hearing.
(5) The City Manager shall set a date for a hearing and notify the complainant and the person or entity charged in writing at least ten days in advance of that hearing date.
(B) Hearings.
(1) A hearing officer shall be appointed by the City Manager to preside over the conduct of an administrative hearing and shall regulate the course of the proceedings in a manner that will promote the orderly and prompt conduct of the hearing. The hearing officers shall be attorneys licensed to practice law in the commonwealth.
(2) To the extent necessary for the full disclosure of all relevant facts and issues, a hearing officer shall afford all parties the opportunity to respond, present documentary or tangible evidence, conduct cross-examination and submit rebuttal evidence. The hearing officer shall supervise and determine what discovery will be appropriate, including, but not limited to, interrogatories, requests for production of documents and depositions.
(3) Any party to an administrative hearing may participate in person and/or be represented by counsel.
(4) If a party fails to attend or participate in a hearing, the hearing officer may adjourn the proceedings and issue a default order.
(5) Hearings shall be conducted in accordance with KRS 13B.080 and KRS 13B.090 unless otherwise provided herein.
(a) Notwithstanding the above, the hearing officer may receive additional evidence as he or she deems proper.
(b) Discovery of materials shall be completed at least 14 days prior to the hearing.
(c) The hearing officer shall receive only relevant and material evidence.
(d) All evidence shall be presented in the presence of the hearing officer.
(6) In an administrative hearing, findings of fact shall be based exclusively on the evidence in the record. The strict rules of evidence governing civil proceedings shall not apply; however, the hearing officer will abide by the general principles of evidence in an effort to conduct a rational and reasonable investigation to seek the truth of the matter. All findings of fact shall be based upon a preponderance of the evidence. The order of proof shall be that set forth in the state’s rules of civil procedure. The hearing officer shall have the discretion to grant a continuance or continue a hearing in progress on a showing of good cause.
(7) All testimony shall be made under oath or affirmation. Any part of the evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party or if such practice is authorized by statute. Any party shall have the right to inspect the documentary or tangible evidence relating to an administrative hearing either in person or by counsel. Copies of documentary evidence may be obtained upon the payment of a fee, except documents protected from disclosure by state or federal law.
(8) Objections to evidentiary offers may be made by any party and shall be noted in the record.
(9) A hearing officer may take official notice of any matter of which a court of the commonwealth may take such notice.
(10) The hearing officer may order the removal of a person who exhibits disruptive behavior that interferes with the proceedings.
(11) A hearing officer shall cause all testimony in a hearing to be accurate and completely recorded. Any person, upon request, may receive a copy of the recording. A hearing officer may prepare a transcript of a hearing upon request, but the party making the request shall be responsible for the cost thereof.
(12) Within a reasonable time after the conclusion of the hearing, the hearing officer shall issue a written order that shall include findings of fact, conclusions of law and final disposition of the hearing. A copy of the order shall be sent to each party, the City Manager and the Human Rights Commission.
(C) Enforcement of orders.
(1) Upon receipt of a written order from the hearing officer finding no violation of this subchapter, the Human Rights Commission shall enter an order dismissing the complaint. Upon receipt of a written order from the hearing officer finding a violation of this subchapter, the Human Rights Commission may issue one or more of the following orders:
(a) An order directing the person or entity found to have violated this subchapter to cease and desist from the discriminating practice;
(b) For three or more willful violations, an order suspending or terminating the occupational license of a person or entity found to have violated this subchapter. In determining whether to suspend or terminate a license under this section, the Human Rights Commission will consider equitable factors, including, but not limited to, the following potential mitigating factors: whether the owner of the business had knowledge of the violations; the time between the violations; whether corrective measures were undertaken; whether three or more violations occurred in connection with a single transaction or occurrence affecting multiple complaints from various parties; or whether the violations are discrete incidents that fail to indicate a systemic intent to discriminate;
(c) For three or more willful violations, an order suspending or terminating the license to operate residential rental property of a person or entity found to have violated this subchapter; and/or
(d) An order subjecting any person or entity found to have violated this chapter to civil penalties of not less than $100 or more than $250.
(2) Upon entering its order, the Human Rights Commission shall send a copy of its order to all parties to the complaint by U.S. mail, postage prepaid.
(D) Appeals.
(1) The orders of the Human Rights Commission, and the findings and conclusions upon which it was based, may be appealed to the county’s Circuit Court within 30 days of the Commission’s order.
(2) Any respondent or complainant aggrieved by an order of the Commission, or any complainant aggrieved by an order of dismissal of his or her complaint by the Commission, may obtain a review of such order in the Circuit Court by filing with the Clerk of Court, within 30 days after service on he or she of the order, a written petition praying that such order be modified or set aside, and by serving a duplicate copy of the petition on the Commission, the City Manager and the other parties to the complaint.
(E) Enforcement by civil action. The city may enforce the orders of the Human Rights Commission or the terms of any conciliation agreement by a civil action in a court of competent jurisdiction. Violations may be subject to abatement by restraining order or injunction. Such civil enforcement shall be in addition to any other penalty imposed by this code. The city shall be entitled to recover all court costs and reasonable attorney fees incurred by it in enforcing any provision of this chapter by civil action.
(1984 Code, §§ 32.08, 37.10) (Ord O-31-98, passed 7-21-1998; Ord. O-20-03, passed 4-29-2003)