503.11 COMPLAINT PROCEDURE.
   (a)   Filing of the complaint.
      (1)   An aggrieved person, complainant, may file with the Reynoldsburg Clerk of Council a written complaint sworn under oath which specifies the facts and circumstances, including the location, date(s), and time(s), of alleged unlawful discriminatory act(s) or practices that did or are occurring within the City limits and which identifies the person who committed or continues to commit the alleged unlawful discriminatory act(s) or practices.
      (2)   If the charge of discrimination alleges a violation based on race, sex, ethnicity, national origin, religion, age, disability, military status, and/or any other class protected under state or federal law, then the Clerk of Council shall instruct the complainant to file a charge of discrimination with the Ohio Civil Rights Commission (OCRC)/Equal Employment Opportunity Commission (EEOC). The Clerk of Council shall provide the complainant with the information about this requirement and contact information for the OCRC/EEOC within ten (10) days from the date the charge was filed with the Clerk.
      (3)   Concurrent with the filing of the complaint, the complainant shall provide to the Clerk of Council in writing the complainant's mailing address, telephone number, if any, and email address, if any.
      (4)   The complaint shall not be accepted by the Clerk of Council if any of the following apply:
         A.   The complaint is presented to the Clerk of Council more than one hundred eighty (180) days following the most recent unlawful discriminatory act alleged in the complaint;
         B.   No incident location provided in the complaint is within the City of Reynoldsburg;
         C.   The investigation of the complaint is required to be conducted pursuant to the terms of a collective bargaining agreement to which the City is a party;
         D.   The complaint fails to include all the information required by (a)(1) of this section;
         E.   The complainant fails to concurrently provide a writing that includes the information required in (a)(2) of this section.
      (5)   Upon receiving a complaint of an alleged unlawful discriminatory act, the Clerk of Council shall immediately date stamp the complaint and:
         A.   Forward a copy thereof to the City Attorney; and
         B.   Mail by certified or registered mail, return receipt requested, certified copies of the complaint to the respondent.
      (6)   The Clerk of Council shall retain the original date-stamped complaint and shall open and maintain a file on the matter during the pendency of any actions related to the complaint and for so long thereafter as is necessary to comply with the City's Records Retention Schedule.
   (b)   Investigation by City Attorney.
      (1)   Upon receipt of the complaint, the City Attorney or a designee of the City Attorney shall investigate the complaint to determine if probable causes exists to believe a violation of this chapter has occurred.
      (2)   As part of said investigation, the City Attorney shall be permitted to issue an administrative subpoena for documents pursuant to Section 501.15.
      (3)   If the City Attorney determines the most recent of the unlawful discriminatory acts alleged in the complaint occurred more than one hundred eighty (180) days before the date the complaint was filed with the Clerk of Council or that none of the alleged acts occurred within the City of Reynoldsburg, the City Attorney shall have no authority to investigate or take further actions except to return the complaint to the Clerk of Council with written notice to the Clerk of Council that the complaint is outside the authority of the City Attorney.
      (4)   Except as otherwise provided in this section, the City Attorney shall be authorized to mediate complaints, issue findings of fact and conclusions of law, issue cease and desist orders, and issue a formal recommendation.
      (5)   If the City Attorney finds, after investigation, that there is probable cause to determine that the respondent has committed an act of unlawful discrimination under this chapter, the City Attorney shall file and forward the complaint with the Reynoldsburg Clerk of Council with a recommendation to refer the complaint to a Hearing Officer.
      (6)   If the City Attorney finds, after investigation, that there is insufficient evidence to establish probable cause that respondent has committed an act of unlawful discrimination under this chapter, the City Attorney shall dismiss the complaint and mail notice of dismissal to the complainant and the respondent by certified mail, return receipt requested.
   (c)   Hearing Officer.
      (1)   Upon receipt of the recommendation of the City Attorney that probable cause exists to determine the respondent has committed an act of unlawful discrimination under this chapter, the Clerk of Council shall forward the recommendation to the Mayor.
      (2)   The Mayor shall, upon receipt of the recommendation from the City Attorney, appoint a Hearing Officer who shall be an attorney licensed to practice law in the State of Ohio.
      (3)   If a Hearing Officer is appointed, the Hearing Officer shall conduct an administrative hearing. In the hearing, the Hearing Officer shall take testimony and considering evidence presented by and on behalf of the complainant and the respondent respectively. After the hearing is concluded, the Hearing Officer shall issue findings of fact and conclusions of law, and if the Hearing Officer, in the Hearing Officer's sole discretion, deems it appropriate, the Hearing Officer may issue orders and impose sanctions provided in this chapter.
      (4)   If the Hearing Officer determines that the respondent is engaged in an unlawful discriminatory act or practice under this chapter, the final decision of the Hearing Officer may include the issuance to the respondent of orders to cease and desist the unlawful discriminatory acts or practices. Any orders to cease and desist shall specify a time period for the respondent's compliance.
      (5)   If the Hearing Officer determines that the respondent did engage in, or continues to engage in, an unlawful discriminatory act or practice under this chapter, the final decision of the Hearing Officer may include the imposition upon the respondent of the following:
         A.   Reasonable costs of the administrative hearing, provided the cost of the Hearing Officer's services shall not be assessed against the respondent.
         B.   Reasonable attorney fees incurred by the complainant.
         C.   The imposition of a civil penalty in an amount not to exceed one thousand dollars ($1,000); or two thousand five hundred dollars ($2,500) if the respondent has committed a violation of this chapter during the five (5)-year period preceding the date on which the complaint was filed.
      (6)   The final decision of the Hearing Officer may not include any orders for reinstatement of employment, refund of monies paid, other mitigation of damages, or any other orders for corrections or sanctions, except as provided in this section.
      (7)   The final decision of the Hearing Officer may be appealed pursuant to the provisions of R.C. Chapter 2505.
      (8)   The final decision issued by the Hearing Officer shall be in a writing served by ordinary United States Mail on the respondent and the complainant. The documents shall be deemed received and properly served upon the respondent five (5) days following the mailing thereof. Copies of the final decision shall also be sent to the Clerk of Council and the City Attorney.
(Ord. 45-2020. Passed 6-22-20; Ord. 27-2021. Passed 3-23-21.)