(a) A person claiming to be aggrieved by an unlawful discriminatory practice, or a member of the Commission, may file with the Commission a written sworn complaint stating that an unlawful discriminatory practice has been committed, setting forth the facts sufficient to enable the Commission to identify the person(s) charged (hereinafter the “respondent”).
(b) The complaint must be filed within 90 days after the respondent engaged in the alleged unlawful discriminatory practice.
(c) Within ten days after receipt of the complaint, the Commission shall serve on the complainant a notice acknowledging the filing of the complaint and informing the complainant of the respondent’s time limits.
(d) The Commission shall, within ten days of the filing of the complaint, furnish the respondent with a copy of the complaint and a notice advising the respondent of the respondent’s procedural rights and obligations under this chapter.
(e) The Commission shall, within ten days of the filing, offer to both the complainant and the respondent an opportunity to engage in mediation with a neutral third party appointed by the Commission to find a no-fault resolution to the matter; in order to engage in mediation, both parties must agree to so engage in writing within five days of receiving the offer.
(f) If one of the parties refuses mediation or if mediation fails, the Commission is obligated to commence an investigation of the complaint within 30 days after the filing of the complaint.
(g) The Commission, or designee, shall promptly investigate the matter to determine whether the discriminatory practice exists and shall complete said investigation within 90 days of the filing of the complaint.
(h) If it is determined that there is no reasonable cause to believe that the respondent has engaged in a discriminatory practice, the Commission shall furnish a copy of the order to the complainant, the respondent and such public officers and persons as the Commission deems proper.
(i) The complainant, within ten days after receiving a copy of the order dismissing the complaint, may file with the Commission an application for reconsideration of the order.
(j) Upon such application, the chair or vice-chair of the Commission shall review the original investigation and make a determination within ten days whether there is reasonable cause to believe that the respondent has engaged in a discriminatory practice.
(k) If it is determined that there is no reasonable cause to believe that the respondent has engaged in a discriminatory practice, the Commission shall issue an order dismissing the complaint after reconsideration and furnish a copy of the order to the complainant, the respondent and such public officers and persons as the Commission deems proper.
(l) If it is determined that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice, the Commission shall furnish a copy of the order to the complainant, the respondent and such public officers and persons as the Commission deems proper.
(m) The respondent, within ten days after receiving a copy of the order, may file with the Commission an application for reconsideration of the order.
(n) Upon such application, the chair or vice-chair of the Commission shall review the original investigation and make a determination within ten days whether there is reasonable cause to believe that the respondent has not engaged in a discriminatory practice.
(o) If it is determined that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice, the Commission shall issue an order after reconsideration and furnish a copy of the order to the complainant, the respondent and such public officers and persons as the Commission deems proper.
(Ord. 50-11, passed 7-19-2011)