(A) Any person who claims to have been injured by a discriminatory practice made unlawful by this chapter hereafter "person aggrieved", may file a complaint statement with the City Clerk, who shall forward such statement to the Human Rights Commission. Such statement shall be in writing, signed by the person aggrieved and shall contain the following information:
(1) The name and address of the complainant.
(2) The name and address (if known) of the alleged violator or provide facts sufficient to identify such person.
(3) An outline of the material facts upon which the complaint is based.
(4) The alleged violation.
(5) That any conduct of the complainant was for the purpose of obtaining the housing, employment, or public accommodation in question and not of the purpose of harassment or entrapment of the person against whom the complaint is made.
(6) 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 final judgment on the merits.
(7) The written complaint statement must be filed with the City Clerk within 180 days after the alleged violation.
(B) (1) If the Commission (after review of the complaint) determines that the facts and/or allegations DO NOT support allegations of discrimination based upon race, color, religion, national origin, sex, age (40 or over), familial status, sexual orientation or gender identity, the Commission shall notify the complainant, within ten days of its determination. The complainant shall have the right to re-submit its complaint to the Commission, within ten days of notification by the Commission, for further review. Any re-submission by the complainant shall be reviewed by the Commission, within ten days of receipt. Any complainant shall have only the right to re-submit their complaint one time after the initial complaint for the same infraction or occurrence.
(2) If the Commission determines that the complaint (initial or resubmitted) "supports" the allegations of discrimination as identified within this chapter, then the Commission shall cause to be served, a complete copy of the complaint and all attachments, upon the respondent(s) identified in the complaint, by certified mail, return receipt requested, or by any appropriate legal process available to the Commission. Upon receipt of service, the respondent(s) shall have 20 days to file a written response with the Commission. Failure to file a written response may result in any authority reviewing the complaint making a determination that the allegations contained therein are true. Upon the lapse of the 20-day time period following successful service on the respondent(s), the Commission shall forward the complaint and response (if any), along with all attachments, exhibits, statements, etc. to the Mayor's office for the purpose of mitigation between or among the parties. The Mayor or his designee shall establish a set time and dare for all parties to meet in an attempt to negotiate an amicable settlement among the parties. If an amicable settlement is reached, then all parties shall acknowledge that an agreement exists and that the case shall be final. If an amicable settlement cannot be reached, the Mayor shall appoint a member of his staff, along with two members of the Commission to conduct a full investigation of the allegations contained in the complaint. This committee shall be called the "Investigative Committee of the Human Rights Commission", the (ICHRC). The ICHRC shall conduct an investigation based on their understanding of the allegations in the complaint. The ICHRC may schedule a hearing and may interview witnesses. The results of the ICHRC investigation shall be submitted, in writing, to the Mayor's office for further determination of the probable cause by the Mayor. If the Mayor determines (after the investigation) that no probable cause exists, then written notice shall be served on all parties, with ten days. Any party shall have ten days following receipt of the Notice to file with the Mayor's office, a written notice of reconsideration. Upon receipt of the notice of reconsideration, the Mayor shall appoint an independent three member review panel (panel) to review the request. NO member of this panel shall have been a participant in any previous review of the complaint to be reconsidered. If this panel determines that no probable cause exists, then there shall be no further action required by the Commission or by the City of Murray.
(3) If after the panel review there is determined that probable cause exists to "support" the allegations in the complaint, then the Mayor shall endeavor to eliminate the alleged violation by a conciliation agreement signed by all parties and the Mayor wherein the alleged violation is eliminated and the complainant is made whole to the extent possible. If a conciliation agreement is not achieved, the complainant will be informed of his right to: (1) independently file his/her complaint with the Kentucky Commission on Human Rights; and/or (2) independently file his/her complaint with a court of competent jurisdiction.
(4) At all times herein the complainant shall have the absolute right to: (1) independently file his/her complaint with the Kentucky Commission on Human Rights; and/or (2) independently file his/her complaint with a court of competent jurisdiction.
(Ord. 2023-1838, passed 1-26-23; Am. Ord. 2023-1862, passed 1-11-24)