(A) Upon the filing or referral of a complaint as herein provided, the ADA Coordinator shall cause to be made a prompt and full investigation of the matter stated in the complaint. Provided, however, that before any charge becomes accepted for investigative purposes the ADA Coordinator shall have personally reviewed with the grievant the allegations contained therein and shall have determined that said complaint comes within the provisions of this subchapter. In the event such review results in the determination that the charge does not come within the provisions of this subchapter, the grievant shall be given a clear and concise explanation of the reasons why it does not and may appeal such determination to the City Manager in accordance with the appeals procedure set forth in division (B) and any procedure established by the City Manager for hearing appeals.
(B) If the ADA Coordinator determines that there is not reasonable cause to believe that a particular alleged discriminatory practice has been committed, the ADA Coordinator shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of its action. Within 10 days from the receipt of such notice, and not thereafter, the complainant, or his/her attorney, may file with the City Manager a request for review and the City Manager shall provide the person claiming to be aggrieved and his/her attorney an opportunity to appeal the determination of the ADA Coordinator. Such appeal may be conducted in writing. Upon conclusion of such appeal, the City Manager may affirm, reverse, modify the finding of the ADA Coordinator or remand the case to the ADA Coordinator for further investigation, as appropriate.
(C) Complaints filed with the ADA Coordinator shall be made under oath or affirmation, and shall contain such information and be in such form as the ADA Coordinator requires. Such complaints shall not be made public by the ADA Coordinator and/or the City Manager unless otherwise required to be disclosed by law.
(D) If after investigation it is determined that there is reasonable cause to believe that a charge is true, the ADA Coordinator or a conciliator who has not participated in that investigation, shall endeavor to eliminate any such alleged unlawful practice(s) by informal methods of conference, conciliation and persuasion. All determinations of the ADA Coordinator as to whether discrimination occurred shall be made as promptly as possible. At any time should a respondent desire to enter into a predetermination settlement, same shall be allowed provided the aggrieved party and the ADA Coordinator agree such is acceptable and promotes the objectives of this subchapter.
(E) If, after determining that there is reasonable cause to believe discrimination occurred, and the ADA Coordinator or conciliator is unable to secure from the respondent an acceptable conciliation agreement, the ADA Coordinator shall present his/her findings to the City Manager. If after review of the case, the City Manager agrees with the findings of the ADA Coordinator, the City Manager may, in cases where the respondent is a city department, take corrective measures as deemed appropriate to be taken to eliminate the discriminatory activity. If the respondent is a city contractor, the City Manager shall forward findings to the parties involved and to the City Council together with recommendations. After receipt of the findings of the City Manager, the City Council, if it concurs in such findings, may cause the contract with such contractor to be canceled, terminated or suspended in whole or in part, as the city council deems advisable under the circumstances. If after review of the case, the city council disagrees with the findings of the City Manager, the City Council may reverse or modify the findings of the City Manager.
(F) Notice shall be provided in the city contracts that noncompliance with this subchapter by city contractors may result in termination of such contracts.
(Ord. 2005-22, passed 8-9-05)