(a) Any person who believes that they have been discriminated against by reason of race, color, religion, sex, handicap or national origin, in connection with any recruitment or hiring action or the award of any program, grant, or contract, by or under the authority of the City shall, at the request of such person, be advised of their rights under this section by the Officer.
(b) The aggrieved party may within five working days of the action giving rise to the complaint, submit such complaint in writing to the Officer.
(c) The Officer shall conduct such investigation the Officer deems appropriate in the circumstances. If the Officer is unable to effect a satisfactory conclusion of the matter through conciliation, the Officer shall complete the initial investigation and forward recommendations to the Mayor.
(d) The Mayor shall review the initial report and recommendations of the Officer, and take one of the following actions:
(1) Render a decision in favor of the complainant and direct that corrective action be taken;
(2) Determine that additional inquiry of the matter is required and refer the matter back to the Officer for further investigation; or
(3) Render a decision against the complainant and advise complainant of complainant's right to a hearing before the Grievance Hearing Committee.
(e) Grievance Hearing Committee. The following procedure is established for the complainant:
(1) The complainant shall, within five working days, submit such complaint in writing to the Officer.
(2) The complainant shall request a hearing through the Officer, and shall select the first member of the hearing committee.
(3) The Mayor shall select the second member.
(4) These two members shall select the third member who becomes the Chairperson. Should the two members fail to select the third member within five working days of the receipt of such request for hearing, the President of Council shall appoint the third member who shall become the Chairperson.
(5) If the complainant requests a hearing, the Grievance Hearing Committee shall schedule a hearing no less than ten working days from receipt of such request.
(6) The Hearing Committee will weigh the evidence presented before it; prepare a finding of facts, conclusions of law, and a decision, including appropriate corrective action, if any, to effectuate the City's policy established by this program.
(7) The decision of this Grievance Hearing Committee shall be final.
(8) A copy of the decision shall be furnished to the complainant.
(9) Complainant shall have the right to be represented at the hearing by counsel, such counsel to be at the expense of the complainant.
(Ord. 51-92. Passed 11-23-92.)