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Code of Ordinances of Sioux Falls, SD
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§ 98.038 DEPOSITIONS AND DISCOVERY.
   The commission on human relations, through the city attorney’s office, shall have power to cause the deposition of witnesses to be taken or other discovery procedure to be conducted upon notice to the interested person and like manner that depositions of witnesses are taken or other discovery procedure is to be conducted in civil actions pending in court in any manner concerning contested cases.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-35; 1992 Code, § 21.5-35) (Ord. 2700, passed 8-17-1970; Ord. 55-76, passed 6-21-1976; Ord. 22-81, passed 3-16-1980; Ord. 153-95, passed 12-18-1995)
§ 98.039 PROSECUTION OF VIOLATION.
   (a)   If a respondent fails to comply with a conciliation agreement or fails to obey an order issued by the public hearing panel, the commission on human relations may request the city attorney to prosecute the respondent in a court of competent jurisdiction for violation of the terms of this chapter. The failure of a person to obey a subpoena issued pursuant to this chapter may be punished as a contempt of court. The commission shall render to the city attorney that assistance as requested in connection with any prosecution.
   (b)   The commission or a party may obtain an order of the court for the enforcement of the provisions of this chapter. The court may allow the prevailing party reasonable attorney’s fees and costs against the respondent. The court may also assess a civil penalty against the respondent in an amount not to exceed $10,000 for willful or repeated violations or refusal to comply with the order of the commission.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-36; 1992 Code, § 21.5-36) (Ord. 2700, passed 8-17-1970; Ord. 55-76, passed 6-21-1976; Ord. 51-91, passed 6-10-1991)
§ 98.040 RIGHTS OF PARTIES TO SEEK JUDICIAL DETERMINATION.
   Nothing contained in this subchapter shall be construed to limit the right of the complainant to make and file a complaint, nor to preclude, abridge or restrict the right of appeal or the right of anyone concerned or affected to a review of the facts and issues in the courts of competent jurisdiction on the evidence and merits in any matter involved.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-37; 1992 Code, § 21.5-37) (Ord. 2700, passed 8-17-1970)
§ 98.041 APPLICATION TO OTHER HANDICAPS.
   The commission on human relations, as permitted by law, is authorized to apply any portion of this chapter which it may deem applicable to deal with discriminatory actions and practices against individuals or groups disadvantaged by reason of physical, mental or social handicap and not otherwise within the purview of this chapter.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-38; 1992 Code, § 21.5-38) (Ord. 2700, passed 8-17-1970; Ord. 22-81, passed 3-16-1980)
§ 98.042 TIME LIMIT FOR FILING COMPLAINT.
   Any complaint filed under this chapter shall be filed within six months after the alleged discriminatory or unfair practice occurred.
(1972 Code, § 13-39; 1992 Code, § 21.5-39) (Ord. 52-73, passed 6-25-1973)
DISABILITY AWARENESS AND ACCESSIBILITY REVIEW BOARD
§ 98.085 CREATED.
   There is hereby created a disability awareness and accessibility review board.
(Ord. 40-20, passed 4-15-2020)
§ 98.086 COMPOSITION.
   The disability awareness and accessibility review board shall consist of nine members appointed by the mayor with the advice and consent of the city council. Membership shall include people with disabilities.
(Ord. 40-20, passed 4-15-2020)
§ 98.087 TERMS.
   The appointment of each member of the disability awareness and accessibility review board shall be for a term of three years, with three members to initially serve a one-year term, and three members to initially serve a two-year term, so that there will be a staggering of terms.
(Ord. 40-20, passed 4-15-2020)
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