(a) If, upon completion of an investigation of a complaint, the administrator determines that an unlawful practice has occurred and is unable to secure an acceptable conciliation agreement from the respondent, then the administrator shall refer the case to the city attorney for prosecution in municipal court. The administrator shall refer the entire file to the city attorney, who shall, after such referral, determine whether to proceed with prosecution of the complaint in municipal court.
(b) If the city attorney determines that reasonable cause exists that an unlawful practice occurred and the facts are sufficient to warrant the initiation of a criminal action in municipal court, then the city attorney shall notify the administrator, who shall then provide written notification to the complainant and the respondent that the complaint will be prosecuted in municipal court. If the city attorney determines that there is no reasonable cause that an unlawful practice occurred or that the facts are insufficient to warrant the initiation of a criminal action in municipal court, the city attorney shall notify the administrator, who shall then dismiss the complaint.
(c) The administrator may dismiss a complaint:
(1) during the investigation and prior to referral to the city attorney when the administrator determines that:
(A) the complaint was not filed within the required time period;
(B) the location of the alleged unlawful practice is not within the city’s jurisdiction;
(C) the alleged unlawful practice is not a violation of this chapter;
(D) the complainant refuses to cooperate with the administrator in the investigation of the complaint or enforcement of an executed conciliation agreement;
(E) the complainant cannot be located after the administrator has performed a reasonable search; or
(F) a conciliation agreement has been executed by the complainant and respondent; or
(2) after receipt of a statement from the city attorney that there is no reasonable cause that an unlawful practice occurred or that the facts are insufficient to warrant the initiation of a criminal action in municipal court.
(d) The administrator shall, in writing, notify the complainant and the respondent of the dismissal of a complaint and include a statement of the reasons for the dismissal. (Ord. 24927)