(a) Any person claiming to be aggrieved by an alleged violation of this article may file with the Office of Equal Opportunity Programs of the city manager's office (hereinafter referred to as the "OEOP") a verified charge, in writing, within ninety (90) calendar days after the alleged violation occurred, on such forms as may be required by the OEOP. The charge shall set forth the facts upon which it is based and shall identify the person charged (hereinafter the "respondent"). The OEOP shall furnish the respondent with a copy of the charge and shall promptly investigate the allegations of discriminatory practices set forth in the charge.
(b) The respondent may file, not later than twenty (20) days following receipt of the charge, a written verified answer to the charge.
(c) The OEOP shall render written findings as to whether there is reasonable cause to substantiate the charge not later than one hundred twenty (120) calendar days from the filing of the charge. The OEOP shall furnish a report of its findings to the charging party and to the respondent.
(d) The charging party, within thirty (30) calendar days after receiving an OEOP finding of no cause, may file with the Tucson Human Relations Commission (hereinafter referred to as the "commission"), a request for review of the finding. The commission, or such members of the commission as the chair thereof may designate, shall, not later than forty-five (45) calendar days after the request is filed, schedule a meeting to determine whether the finding of no cause issued by the OEOP should be upheld or overturned. If it is determined that the OEOP finding of no cause should be upheld, the commission shall issue an order dismissing the case and shall furnish a copy of its order to the OEOP, the charging party, and the respondent. If it is determined that the OEOP finding of no cause should be reversed, the commission shall issue an order reversing the OEOP no cause finding and remand the case back to the OEOP for appropriate action. The commission shall furnish a copy of its order to the city attorney, the OEOP, the charging party, and the respondent.
(e) If the OEOP or the commission, in the event of a request for review, finds there is reasonable cause to believe that the respondent has engaged in a discriminatory practice, the OEOP may attempt to eliminate the alleged discriminatory practice by conference, conciliation and persuasion. The terms of a conciliation agreement may require the respondent to refrain in the future from committing discriminatory practices of the type stated in the agreement and to take such affirmative steps as the OEOP may require to carry out the purposes of this article. If a conciliation agreement is entered into, the OEOP shall issue an order stating its terms and furnish a copy of the order to the charging party and the respondent. Except for the terms of the conciliation agreement, neither the commission or the OEOP, nor any employee thereof, shall make public, without the written consent of the charging party and respondent, information concerning efforts in a particular case to eliminate a discriminatory practice by conference, conciliation or persuasion, whether or not there is a conciliation agreement.
(f) After a finding of reasonable cause by the OEOP, or by the commission in the event of a request for review and subsequent reversal of an OEOP finding of no cause, the OEOP may, in addition to the permissive remedy outlined in subsection (e), request the city attorney to file a complaint against respondent in the city court. Appeal of any judgment rendered by the magistrate shall be by way of special action to the superior court on the record as prescribed by Rule 23 of the Local Rules of Practice and Procedure in City Court Civil Proceedings.
(g) During the review process, the OEOP decision shall remain in effect.
(Ord. No. 5472, § 2, 12-14-81; Ord. No. 6461, § 3, 7-7-86; Ord. No. 7952, § 1, 11-23-92; Ord. No. 9199, § 3, 2-1-99; Ord. No. 10375, § 4, 2-21-07)