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(1) Establishment. The City Council hereby calls upon the Mayor to establish a nine (9) person committee entitled the "Fair Criminal Record Screening Advisory Committee", the purpose of which shall be to review the implementation and effectiveness of this Chapter and to make recommendations to the Mayor and City Council regarding this Chapter.
(2) Members. The Committee shall be composed of nine (9) members, (5) appointed by the Mayor and (4) appointed by City Council, provided that at least two appointees shall be people with criminal records, no more than four (4) appointees shall be members of the business community and at least one appointee must be appointed to represent the office of Inspector General and one appointee must be appointed to represent the Mayor's Office of Re-Integration Services ( R.I.S.E.). 1303
(3) Meetings. The Committee shall meet at least quarterly. All meetings shall be open to the public and will allow for public testimony on policies or conduct relating to this Chapter.
Notes
1303 | Amended, Bill No. 130769 (approved December 4, 2013). |
(1) If within one (1) year after the filing of a complaint with the Commission, the Commission concludes that it has not found sufficient evidence of a violation to proceed further with an investigation, or has not entered into a conciliation agreement to which the complainant is a party, the Commission must notify the complainant that it is dismissing the case. On receipt of such a notice, if the complainant filed the complaint within 300 days of the unlawful act, the complainant may bring an action in a court of competent jurisdiction based on the right to fair criminal record or juvenile record screening standards granted by this Chapter. 1305
(2) An action under this Section shall be filed within two years after the date of notice from the Commission closing the case. Any action so filed shall be served on the Commission at the time the complaint is filed in court. The Commission shall notify the complainant of this requirement.
(3) The court may grant any relief it deems appropriate, including the right of the complainant to recover for each violation: 1306
(a) Compensatory damages;
(b) Liquidated damages, equal to the payment of the maximum allowable salary for the job subject to the complaint for a period of one month. Total liquidated damages shall not exceed five thousand dollars ($5,000); 1307
(c) Reasonable attorneys' fees;
(d) Court costs; and
(e) Such other relief, including injunctive relief, as the court may deem appropriate.
(4) Nothing in this Chapter limits the right of an injured person to recover damages under any other applicable law or legal theory.
Notes
1304 | Added, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016. |
1305 | Amended, Bill No. 180368 (approved June 20, 2018). |
1306 | Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. |
1307 | Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. |
Any employer subject to the terms of this Chapter shall post a summary of the Chapter requirements, in a form to be supplied by the Commission, in a conspicuous place on the employer's website and premises, where Applicants and Employees will be most likely to notice and read it.
Notes
1308 |
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