(A) Filing a complaint.
(1) An individual may file with the Dublin Clerk of Courts a notarized, sworn statement in writing which alleges facts and circumstances, including relevant locations, dates, times, and individuals, of an unlawful discriminatory act(s) or practice(s), that said acts occurred within the City of Dublin corporate limits, that the discriminatory act or practice was directed at the complainant, and which identifies the person who committed the alleged unlawful discriminatory act or practice.
(2) At the same time the complaint is filed, the complainant shall provide in writing the complainant's mailing address, telephone number, and email address to the Clerk of Courts.
(3) The complaint shall be rejected by the Clerk of Courts if any of the following apply:
(a) The complaint is presented more than 180 days after the most recent unlawful discriminatory act or practice alleged in the complaint;
(b) The incident did not occur within the City of Dublin;
(c) A collective bargaining agreement to which the City is a party requires the investigation to be conducted pursuant to that agreement's terms;
(d) The complaint fails to include all of the information required by division (A)(1) of this section or fails to provide contact information as required by division (A)(2) of this section.
(4) The Clerk of Courts shall date stamp the complaint immediately upon receipt and provide a copy to the Law Director and the City Manager.
(5) The Clerk of Courts shall retain the original date stamped complaint and shall open and maintain a file on the matter during the pendency of any actions related to the complaint and for as long as required by the city's Records Retention Schedule.
(B) Investigation of complaint.
(1) If the charge of discrimination alleges a violation based on a protected class and/or any other class or characteristic protected under state or federal law, then the Law Director shall instruct the complainant to file a charge of discrimination with the Ohio Civil Rights Commission (OCRC) or Equal Employment Opportunity Commission (EEOC). The Law Director shall provide this direction and contact information for the OCRC or EEOC to the complainant within ten days of the charge being filed with the Clerk of Courts. If the OCRC or EEOC refuses to review the complaint because of a lack of time or resources, the complainant may, within 30 days of the refusal, request the Law Director to review the original charges filed with the Clerk of Courts and to proceed under division (B)(2) through (B)(5) of this section and division (C) of this section. If the OCRC or EEOC dismisses a complaint for lack of probable cause, the Law Director shall have no authority to review the complaint and the city file of the complaint shall be closed.
(2) Upon receipt of the copy of the complaint and a determination that the discrimination alleged is not already protected under state or federal law, the Law Director, in consultation with the City Manager, shall hire outside counsel to perform an independent review and investigation of the complaint and the situation and acts outlined therein.
(3) Outside counsel shall perform all necessary fact-finding including interviews of the complainant, witnesses, and respondent as well as any additional necessary steps to determine if probable cause for the complaint exists.
(4) Upon completion of the investigation, outside counsel shall provide a written determination to the Law Director about whether or not probable cause exists for the complaint.
(5) Upon receipt of outside counsel's determination, the Law Director, in consultation with the City Manager, can either dismiss the complaint or forward the complaint to an independent hearing officer. The Law Director retains the authority to forward the complaint to a hearing officer even if outside counsel determines there is not probable cause for the complaint.
(C) Role and duties of Hearing Officer.
(1) If a Hearing Officer is appointed, the Hearing Officer shall have the authority to:
(a) Schedule and oversee a mediation between the complainant and respondent;
(b) Conduct an administrative hearing;
(c) Provide to all the parties, witnesses, and Law Director timely notice of the hearing date, time, and location;
(d) Set, change as necessary, and timely communicate to the parties such reasonable procedural rules as the Hearing Officer deems appropriate;
(e) Issue subpoenas and direct the exchange of discovery.
(2) At the conclusion of the administrative hearing the Hearing Officer shall issue to the parties and the Law Director a final written decision to include findings of fact and conclusions of law:
(a) If the Hearing Officer finds the respondent either did engage or continues to engage in unlawful discriminatory acts or practices under this chapter, and the Hearing Officer deems it appropriate, the Hearing Officer's final written decision may include the issuance to the respondent of orders to cease and desist and imposition of such other sanctions as provided by this chapter; or
(b) If the Hearing Officer deems it appropriate, the Hearing Officer's final written decision may include the issuance of a notice of dismissal.
(3) If the final decision of the Hearing Officer includes the issuance to the respondent of orders to cease and desist the unlawful discriminatory acts or practices, such orders to cease and desist shall specify a time period for the respondent's compliance.
(4) The final decision of the Hearing Officer may include the imposition upon the respondent of reasonable costs of the outside counsel. The costs of the Hearing Officer shall not be assessed against the respondent. Attorney fees shall not be assessed against the respondent. Damages and other expenses incurred by the complainant shall not be assessed against the respondent.
(5) The final decision of the Hearing Officer may include the imposition upon the respondent of a civil penalty payable to the city as follows:
(a) For a first-time offense, a civil penalty not to exceed $1,000;
(b) If the respondent has been found by the Hearing Officer to have committed one violation of this chapter during the five-year period immediately preceding the date upon which the complaint was filed with the Clerk of Courts, a civil penalty not to exceed $2,500;
(c) If the respondent has been found by the Hearing Officer to have committed two or more violations of this chapter during the five-year period immediately preceding the date upon which the complaint was filed with the Clerk of Courts, a civil penalty not to exceed $5,000.
(6) The final decision of the Hearing Officer may not include any orders for reinstatement of employment, refund of monies paid, or other mitigation of damages, or any other orders for corrections or sanctions, except as provided in this section.
(7) The final decision of the Hearing Officer shall be in writing and served by ordinary mail on the respondent and complainant. The documents shall be deemed received and properly served upon the respondent five days following the mailing thereof. Copies of the final decision shall also be sent to the Law Director and Clerk of Courts.
(8) The decision of the Hearing Officer may be appealed pursuant to the provisions of R.C. Chapter 2506.
(D) City of Dublin as respondent.
(1) If the Hearing Officer finds a violation occurred, and the respondent is the City of Dublin or one of its boards, commissions, departments, divisions, officials, or employees, the Hearing Officer shall issue to the Dublin Clerk of Council a notice of violation, without any orders and without specifying any sanction and the Hearing Officer shall take no further action.
(2) If the Hearing Officer issues a notice of violation to the Dublin Clerk of Council, at a reasonable time following receipt of the notice of violation, the Dublin City Council shall, at an open public meeting of City Council, take such actions and impose such remedies as City Council deems appropriate, including delegating such authority to the City Manager.
(Ord. 81-21, passed 11-15-21)