(A) City's Relationship With The Kentucky Commissions On Human Rights. In order to effectuate and enforce the provisions of this chapter, the city shall enter into a cooperative working agreement with the Kentucky Commission on Human Rights whereby all claims filed with the City Administrator alleging discrimination in employment, public accommodations, housing, financial and credit transactions based on race, color, national origin, religion, age (over forty (40)), familial status and disability, shall be referred to the Kentucky Commission on Human Rights for investigation and enforcement in accordance with the Kentucky Civil Rights Act, KRS Chapter 344 et seq. The city shall reserve to itself the resolution of all claims of discrimination based on sexual orientation or gender identity.
(B) Filing and processing complaints.
(1) Any person claiming to be aggrieved by a violation of this chapter may, within one hundred eighty (180) days of the alleged violation or one (1) year if the alleged violation pertains to housing file a written complaint under oath with the City Administrator containing the following information:
(a) The name and address (if known) of the alleged violator, ("respondent") or facts sufficient to identify such person.
(b) An outline of the material facts upon which the complaint is based.
(c) The alleged violation.
(d) That any conduct of the complainant was for the purpose of obtaining 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.
(e) That 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.
(2) Upon receipt of the complaint, the City Administrator shall first make the following determination, and take the following action:
(a) If the complaint alleges discrimination based on race, color, national origin, religion, sex, age (over forty (40)), familial status or disability, the complaint shall immediately be referred to the Kentucky Commission on Human Rights for further processing, investigation and/or administrative proceedings in accordance with the Kentucky Civil Rights Act, KRS Chapter 344 et seq.
(b) If the complaint alleges discrimination based on sexual orientation or gender identity, a copy of the complaint shall be served on the respondent by certified mail. The respondent shall file a written response to the complaint within twenty (20) days from the receipt thereof.
(C) Investigation - findings and conciliation.
(1) If, after investigation, the City Administrator determines that there is no probable cause to believe that a violation has occurred, the City Administrator shall dismiss the complaint. Written notices of the dismissal shall be served upon the complainant and respondent by U.S. mail postage prepaid. The notice shall state that the complainant or his or her designee may file a written request for reconsideration within ten (10) days in accordance with the provisions set out in KRS 344.200.
(2) If, after investigation, the City Administrator determines that there is probable cause to support the allegations contained in the complaint, the City Administrator shall hire a Professional Discrimination Arbitrator who will attempt to eliminate the alleged violation by a conciliation agreement, signed by all parties and the City Administrator, wherein the alleged violation is eliminated and the complainant is made whole to the greatest extent practicable.
(3) If a settlement is achieved, the Arbitrator shall furnish a copy of a signed conciliation agreement to the complainant and the respondent. 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 consent of the complainant and the person charged. A conciliation agreement need not contain a declaration or finding that a violation has in fact occurred and it may provide for dismissal of the complaint without prejudice.
(4) If conciliation is not achieved by agreement between the parties, the aggrieved party may file legal action in the appropriate court of law.
(Ord. 1817-2022, passed 7-12-22)