547.22 ENFORCEMENT BY HUMAN RELATIONS COMMISSION.

   It shall be the duty of the Human Relations Commission to administer the provisions of Section 547.21 by exercising a continuing review of the employment practices of the contractors and vendors and taking such action as necessary to insure compliance with the section, including, but not limited to, the following:

   (a)   The Human Relations Commission by its enforcement officer and/or other authorized representative, shall investigate the employment practices of any contractor, vendor, material supplier or subcontractor to determine whether or not the contractual undertakings in regard to insuring equal employment opportunities and affirmative action have been carried out in accordance with the equal employment opportunity clause. The investigation shall be conducted in accordance with the procedures herein set forth and the investigating officer shall report to the Commission and the City department for which the contract work is being performed.

   (b)   The Commission may, on its own initiative, or upon the request of a contractor or vendor, submit to such contractor or vendor a proposed affirmative action program designed by the Commission to prevent or eliminate any discriminatory practices in recruitment and hiring and to assist such contractor or vendor to comply with the terms of the contract and with any ordinance requiring fair employment practices. Acceptance and implementation of such an affirmative action program shall constitute compliance with the contract and with such ordinance. However, the Commission may, as circumstances warrant, revise and modify the affirmative action program from time to time in order to accomplish the purpose of insuring that fair employment practices are followed.

   (c)   The Commission shall receive and investigate or cause to be investigated complaints by employees or prospective employees of any City contractor, vendor, material supplier or subcontractor which allege actions contrary to the contractual undertakings of the contractor, vendor, material supplier or subcontractor.

   (d)   The Commission shall use its best efforts, directly and through the contracting City departments, other interested federal, state and local agencies, contractors and all other available instrumentalities, to cause any labor union engaged in work under City contracts or any agency referring workers or providing or in the course of such work to cooperate in the implementation of the purposes of the equal employment and affirmative action provisions of City contracts. The Commission shall, in appropriate cases, notify the United States Department of Justice Ohio Fair Employment Practices Commission or other appropriate agencies, whenever it has reason to believe that the practices of any labor organization or agency violate Title VI or Title VIII of the Civil Rights Act of 1964, the Ohio Fair Employment Practices Act, Ohio R.C. Chapter 4112 and Section 547.21 and such other relevant legislation as hereafter may be enacted by the Congress of the United States, the General Assembly of the State or Council.

   (e)   The Commission may hold such hearings, public or private, as it may deem advisable for compliance, enforcement or educational purposes.

   (f)   Where the Commission finds that a contractor, vendor, material supplier or subcontractor has failed to comply with the equal employment opportunity and affirmative action provisions of its contract, the Commission may:

      (1)   Publish or cause to be published, the names of contractors or unions which it has concluded have failed to comply with the provisions of the contract.

      (2)   Recommend to the Department of Law that, in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions, appropriate proceedings be brought to enforce those provisions, including the enjoining, within the limitations of applicable law, of organizations, individuals or groups who prevent, directly or indirectly, compliance with those provisions.

      (3)   Recommend to the Department of Law that criminal proceedings be brought for the furnishing of false information under oath to any City department or the Commission, as the case may be.

      (4)   Recommend that the appropriate department cancel, terminate, suspend or cause to be cancelled, terminated or suspended any contract or any portion or portions thereof, for failure of the contractor, vendor, material supplier or subcontractor to comply with the nondiscrimination provisions of the contract. The Commission may recommend that a contract be cancelled, terminated or suspended absolutely or that a continuance of a contract be conditioned upon implementation of a program for future compliance approved by the contracting department and the Commission.

      (5)   Recommend that any contracting department refrain from entering into further contracts, or extension or other modifications of existing contracts, with any noncomplying contractor, until the contractor has satisfied the Commission that the contractor has established and will carry out personnel and employment policies in compliance with the provisions of its contract.

   (g)   Whenever it becomes necessary to cancel or terminate a contract, or whenever a contractor, vendor, material supplier or subcontractor has been disqualified from further City contracts, because of noncompliance with the contract provisions with regard to affirmative action to provide equal employment opportunity, the Commission or the contracting department shall promptly notify the Director of Finance. Any such disqualification may be rescinded.

      (Ord. 86-142. Passed 5-28-86.)