547.18 COMPLAINT PROCEDURE.
(a) Whenever it is charged in writing and under oath, by a person, referred to as the complainant', that any person, referred to as the "respondent", has engaged or is engaging in any unlawful discriminatory practices as defined in Sections 547.01 through 547.07, or upon its own initiative, in matters relating to such discriminatory practices, the Human Relations Commission or a committee thereof designated pursuant to Section 547.14(m) may initiate a preliminary investigation. The charge shall be filed with the Commission within six months after the alleged unlawful discriminatory practices are committed. If it determines after such investigation, that it is not probable that unlawful discriminatory practices have been or are being engaged in the Commission or its committee shall notify the complainant that it has so determined and that it will not issue a complainant in the matter.
(b) If the Human Relations Commission or its committee determines, after such investigation, that it is probable that unlawful discriminatory practices have been or are being engaged in, it shall endeavor to eliminate such practices by informal methods of conference, conciliation and persuasion. Nothing said or done during such endeavors shall be disclosed by any member of the Commission, or its staff, or be used as evidence in any subsequent proceeding. If after such investigation and conference, the Commission or its committee is satisfied that any unlawful discriminatory practice of the respondent will be eliminated, it may treat the complaint as conciliated. An entry of such disposition shall be made on the records of the Commission.
(c) If the Human Relations Commission or its committee fails to effect the elimination of such unlawful discriminatory practices and to obtain voluntary compliance, or if the circumstances warrant, in advance of any such preliminary investigation or endeavors, and if the Commission or its committee finds that the complainant acted with intention of fulfilling any contracts or agreements he was seeking, the Commission shall issue and cause to be served upon any person or respondent a complaint stating the charges in that respect and containing a notice of hearing before the Commission pursuant to Section 547.14, at a place therein fixed to be held not less than ten days after the service of such complaint. The place of hearing shall be in the Municipal Building or at such other place located within the City may be designated by the Commission. The law Director or his designated representative shall represent the Commission at such hearing and if the complainant is not represented by counsel, shall present the evidence in support of the complaint. Any complaint issued pursuant to the provisions of this section must be so issued within one year after the alleged unlawful discriminatory practices were committed.
(d) Any such complaint may be amended by the Human Relations Commission or a hearing examiner conducting the hearing, at any time prior to or during the hearing based thereon. The respondent shall have the right to file an answer or to amend the answer to the original or amended complaint, and to appear at such hearing in person or by attorney or otherwise to examine and cross-examine witnesses.
(e) The complainant shall be a party to the proceeding and any person who is an indispensable party to a complete determination or settlement of the question involved in a proceeding shall be joined. Any person who has or claims an interest in the subject of the hearing and in obtaining or presenting relief against the acts or practices complained of, may be in the discretion of the Human Relations Commission or the hearing examiner, permitted to appear for the presentation of oral or written arguments.
(Ord. 86-142. Passed 5-28-86.)
(f) In any proceeding, the Human Relations Commission or a hearing examiner shall not be bound by the rules of evidence prevailing in the courts of law or equity, but shall, in ascertaining the practices followed by the respondent, take into account all reliable, probative and substantial evidence, statistical or otherwise, produced at the hearing which may tend to prove the existence of a predetermined pattern of discriminatory practice; provided that nothing contained in this section shall be construed to authorize or require any person to observe the proportion, which persons of any race, color, religion, national origin, sexual orientation, gender identity, ancestry or place of birth bear to the total population or in accordance with any criterion other than the individual qualifications of the applicant. (Ord. 16-446. Passed 12-21-16.)
(g) The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the Human Relations Commission. Thereafter, in its discretion, the Commission, upon notice to the complainant and to the respondent with an opportunity to be present may take further testimony or hear argument.
(h) No person shall be compelled to be a witness against himself in any hearing before the Human Relations Commission or the hearing examiner.
(i) If upon all the reliable, probative and substantial evidence the Human Relations Commission determines that the respondent has engaged in or is engaging in, any unlawful discriminatory practice, whether against the complainant or others, the Commission shall state its finding of fact and conclusions of law, and shall issue and cause to be served on such respondent an order requiring him to cease and desist from such unlawful discriminatory practice, and to take such further affirmative or other action as will effectuate the purposes of this chapter including but not limited to hiring, reinstatement or upgrading of employees with, or without back pay, admission or restoration to union membership, including a requirement for reports of the manner of compliance. If the Commission directs payment of back pay, it shall make allowance for interim earnings. Upon the submission of such reports of compliance, the Commission may issue a declaratory order stating that the respondent has ceased to engage in unlawful discriminatory practices.
(j) If the Human Relations Commission finds that no probable cause exists for crediting the charges or, if upon all the evidence the Commission finds that a respondent has not engaged in any unlawful discriminatory practice against the complainant or others, it shall state its finding of fact, and shall issue and cause to be served on the complainant an order dismissing the complaint as to such respondent.
(k) Any party to the proceeding, claiming to be aggrieved by final order of the Human Relations Commission including a determination by it that a prima facie case was not established by the complainant, may obtain judicial review thereof by a resort to any court of competent jurisdiction in accordance with the provisions of Ohio R.C. Chapter 2506.
(Ord. 86-142. Passed 5-28-86.)