(A) The responsibility for administering this chapter shall be borne by the city's Mayor, or any other individual designated by the Mayor.
(B) Any claims filed under this chapter regarding race, color, religion, national origin, sex, familial status, age, or disability may be delegated and referred to the Versailles-Midway-Woodford County Human Rights Commission, including functions, duties and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business or matter regarding those types of claims.
(C) Administration and enforcement regarding claims filed under this chapter regarding gender identity or sexual orientation shall be as follows:
(1) Any person claiming to be aggrieved by a violation of this chapter may, within 90 days of the alleged violation or within 30 days of the dismissal of a charge or complaint concerning the same matter by another governmental agency or state or federal court without a final judgment on the merits, whichever occurs last, file a written complaint under oath with the Mayor. The Mayor may designate an agent to fulfill the duties and procedures outlined herein.
(2) A person who has filed a complaint with a Human Rights Commission having appropriate jurisdiction, and whose complaint is pending shall provide written notice to the Mayor within 5 business days of the filing of any complaint or charge on his or her behalf with another agency or state or federal court that seeks relief or damages for the same alleged violation(s) arising from the same transaction(s) or occurrence(s) upon which the person seeks relief hereunder. Upon receiving notice of the other charge or complaint, the Mayor shall have discretion to dismiss the complaint filed hereunder. The failure to provide such notice in a timely manner may result in the immediate dismissal of the complaint filed herein. In making complaint, the complainant shall state as follows:
(a) His or her, name, address and telephone number;
(b) The name and address (if known) of the alleged actor, or provide facts sufficient to identify such person;
(c) Full details of the material facts upon which the complaint is based;
(d) The alleged violation;
(e) The nature of the transaction or occurrence;
(f) That any alleged violation of the complainant was for the purpose of obtaining the 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; and
(g) That a complaint concerning this same matter has not been filed with another agency or if a complaint concerning this matter has been filed with another agency, the name of the agency, and whether it has been dismissed by such agency without final judgment on the merits.
(3) The Mayor shall furnish a copy of the complaint to the person against whom the complaint is made.
(4) Before conducting an investigation of the complaint, the Mayor may attempt to negotiate a settlement of the dispute between the parties, if the Mayor deems that such an attempt is practicable.
(5) If the Mayor does not deem it practicable to attempt a pre-investigation settlement or if such settlement attempt is unsuccessful, then the Mayor will conduct an investigation to determine if there is probable cause to believe the allegations of the complaint. An investigation can include but is not limited to interviews of the parties or requests for written statements and information. Said investigation must be completed within 60 days of receipt of the complaint.
(6) If the Mayor determines that there is no probable cause that a discriminatory action occurred, the Mayor shall dismiss the complaint. Written notice of the dismissal shall be served upon the complainant by regular U.S. mail. The notice shall state that the complainant may request a hearing within 14 days of the date of the dismissal before the City Council, in writing, and shall include a hearing request form with instructions on how to file that request. If a hearing is held, the City Council may affirm the decision of the Mayor or determine that probable cause exists and direct the Mayor to act in accordance with divisions (C)(11) and the remaining provisions of this section.
(7) If after an investigation the Mayor determines that there is probable cause and sufficient basis in fact to support the allegation(s) made in the complaint, the Mayor shall endeavor to eliminate the alleged violation by a conciliation agreement, signed by the parties and the Mayor, resolving the alleged violation and making whole the complainant to the extent practicable.
(8) The Mayor shall furnish a copy of such signed conciliation agreement to the complainant and person charged.
(9) A conciliation agreement need not contain a declaration or finding that a violation has in fact occurred, but may provide for dismissal of the complaint with or without prejudice.
(10) The Mayor shall have 30 days after completion of the investigation to attempt to eliminate the alleged violation by conciliation agreement. If either the complainant or the person or entity charged indicates an unwillingness to participate in the conciliation process or if no conciliation process or conciliation agreement has been reached with the time provided, the Mayor shall refer the complaint for an administrative hearing. The Mayor may continue attempts to reach a conciliation agreement after referral of the complaint for hearing.
(11) The Mayor shall set a date for an administrative hearing and shall notify the complainant and the person or entity charged in writing at least 14 calendar days in advance of the hearing date.
(D) Hearings.
(1) A hearing officer shall be appointed by the Mayor to preside over the conduct of an administrative hearing to regulate the course of the proceedings in a manner that will promote the orderly and prompt conduct of the hearing. The hearing officer must be an attorney licensed to practice law in the Commonwealth of Kentucky.
(2) A hearing officer shall afford all parties the opportunity to respond, present documentary or tangible evidence, conduct cross-examination and submit rebuttal evidence regarding all relevant facts and issues. The hearing officer shall determine what discovery is appropriate, including, but not limited to, interrogatories, requests for production of documents and depositions.
(3) Any party to an administrative hearing may represent themselves in person and/or be represented by counsel, except that a legal entity as a party to any complaint shall be required to retain counsel.
(4) If a party fails to attend or participate in a hearing, the hearing officer may adjourn the proceedings and issue a default order.
(5) Hearings shall be conducted in accordance with KRS 13B.080 and KRS 13B.090 unless otherwise provided herein. Notwithstanding the foregoing, the hearing officer may receive additional evidence as he or she deems proper. Discovery of materials shall be completed at least 14 days before the hearing. All witness testimony, except by way of depositions, must be presented in the presence of the hearing officer.
(6) Written findings of fact shall be made of the hearing officer's decision based exclusively on the evidence in the record. The strict rules of evidence governing civil proceedings shall not apply; however, the hearing officer will abide by the general principles of evidence in an effort to conduct a proper and reasonable investigation in deciding the truth of the matter. All findings of fact shall be based upon a preponderance of the evidence. The order of proof shall be that set forth in the Kentucky Rules of Civil Procedure. The hearing officer shall have the discretion to grant a continuance or continue a hearing in progress on a showing of good cause.
(7) All testimony shall be made under oath or affirmation. Any part of evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party, or if such practice is authorized by statute. Parties shall have the right to inspect the documentary or tangible evidence relating to an administrative hearing either in person or by counsel.
(8) Objections to evidentiary offers may be made by any party and shall be noted in the record.
(9) A hearing officer may take official notice of any matter of which a court of the Commonwealth of Kentucky may take such notice.
(10) The hearing officer may order the removal of a person who exhibits disruptive behavior that interferes with the proceedings.
(11) A hearing officer shall cause all testimony given in a hearing to be accurate and recorded. A hearing officer may upon request prepare a transcript of a hearing, but the requesting party shall be responsible for the cost thereof.
(12) Within 90 days after the conclusion of hearing, the hearing officer shall issue a recommended written order containing findings of fact, conclusions of law, and final disposition of the complaint. A copy of the order shall be sent to each party and the Mayor.
(E) Enforcement of orders.
(1) Upon receipt of a recommended written order from the hearing officer finding no violation of this chapter, the Mayor shall enter an order dismissing the complaint. Upon receipt of a written order from the hearing officer finding a violation of this chapter, the Mayor may issue 1 or more of the following orders:
(a) An order directing the person or entity found to have violated this chapter to cease and desist from the discriminating practice;
(b) An order subjecting any person or entity found to have violated this chapter to civil penalties of not less than $100 or more than $500.
(2) The prevailing party may recover from the non-prevailing party the cost of the administrative proceeding and a reasonable attorney's fee and the order shall state same.
(3) Upon entry of the order, a copy of it shall be sent to all parties by U.S. mail informing them of their right to appeal to the City Council along with instructions for doing so.
(F) Appeals.
(1) The order of the Mayor, and the recommended order of the hearing officer may be appealed to the City Council within 30 calendar days following entry of the Mayor's order. Said appeal shall be in writing and delivered by U.S. mail to the City Clerk. The City Council shall review de novo the record at a special called meeting within 30 days of the filing of the written appeal and may hear testimony from the parties before making a decision to affirm, modify or set aside the order(s) entered by the Mayor.
(2) After an order is entered by the City Council to affirm, modify or set aside the underlying order(s), an aggrieved party may appeal the decision to the Woodford Circuit Court within 30 calendar days of the entry of order by the City Council. The prevailing party on appeal may recover from the non-prevailing party its court costs and a reasonable attorney's fee.
(G) Enforcement by private action.
(1) The rights granted by this chapter may be enforced by civil action in state or court of general jurisdiction. A civil action must be commenced within 180 calendar days after the alleged discriminatory practice occurred. The court shall continue the civil case brought pursuant to this chapter from time to time before bringing it to trial if the court believes that the conciliation efforts of the Mayor or Versailles-Midway-Woodford County Human Rights Commission may result in satisfactory settlement of the discriminatory action alleged.
(2) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, award to the plaintiff actual damages and punitive damages of not more than $1,000, and shall allow the prevailing party to recover from the non-prevailing party court costs and a reasonable attorney's fee.
(3) Any sale, encumbrance, or rental consummated before the issuance of any court order issued under this chapter, and involving a bona fide purchaser, encumbrance or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this chapter shall not be affected.
(Ord. 2015-002, passed 6-1-2015)