(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 Fairness Officer 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 Fairness Officer 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 Fairness Officer 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 Fairness Officer determines that there is no probable cause to believe that a violation has occurred, the Fairness Officer 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 Fairness Officer determines that there is probable cause to support the allegations contained in the complaint, the Fairness Officer shall endeavor to eliminate the alleged violation by a conciliation agreement, signed by all parties and the Fairness Officer, wherein the alleged violation is eliminated and the complainant is made whole to the greatest extent practicable.
(3) If a settlement is achieved, the Fairness Officer 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. The Board of City Council shall have discretion to approve, modify or reject the conciliation agreement.
(4) If conciliation is not achieved either by agreement between the parties or approval by the Board of City Council, the Fairness Officer shall proceed with a hearing in accordance with the Kentucky Civil Rights Act and KRS Chapter 13B.
(D) Hearing procedures, judicial review and appeals.
(1) The Fairness Officer shall set a date, time and location for a hearing and notify the complainant and respondent in writing at least twenty (20) days in advance of that hearing date.
(2) A hearing officer shall be appointed by the Fairness Officer to conduct an administrative hearing and to regulate the course of the proceedings in a manner that will promote the orderly and prompt conduct of the hearing. The hearing officer shall be an attorney, licensed to practice law in the Commonwealth of Kentucky, and shall be certified by the Attorney General’s Office to serve as hearing officer in accordance with the requirements set forth in KRS Chapter 13B.
(3) All pre-hearing proceedings, hearings, judicial review and appeals shall be conducted in accordance with all applicable provisions of the Kentucky Civil Rights Act, including KRS 344.240 and KRS Chapter 13B, the provisions of all of which are hereby adopted in full and incorporated herein by reference.
(4) (a) If the Hearing Officer finds that a violation has occurred, he or she may recommend the following penalties:
1. For the first or second offense, a civil penalty of not less than one hundred dollars ($100.00), but not greater than two hundred fifty dollars ($250.00).
2. For the third or subsequent offense, a civil penalty of not less than two hundred fifty dollars ($250.00), but not greater than five hundred dollars ($500.00). Additionally, the violator shall be required to submit written corrective measures to the Board of City Council.
(b) The Hearing Officer shall submit the final adjudication and recommended order to the City Council for approval.
(5) Upon approval by the City Council, the Fairness Officer shall mail a copy the order to the complainant and respondent, postage pre-paid. The respondent shall have thirty (30) days to pay any penalty issued in the order. If the respondent does not pay the penalty within the time given, then City Council may direct the City Attorney to place a lien against the respondent’s property in the office of the County Clerk where said property is located.
(Ord. passed 7-9-79; Am. Ord. passed 2-14-83; Am. Ord. 29:2013, passed 12-9-13)
Cross-reference:
Human Rights Commission, see §§ 34.55 through 34.57