§ 57.06. Processing Complaints.

(1)

Upon the filing of a complaint as set forth in Section 57.05, the Human Relations Official shall offer in writing the parties the opportunity to voluntarily mediate the complaint. If both parties agree, mediation shall be scheduled and held within thirty (30) days. Mediations may be conducted by one or more members of the Chapter 57 Review Board or by a Human Relations staff member who will not be assigned to the investigation in the event mediation fails.

(2)

Upon the filing of a complaint as set forth in Section 57.05, the Human Relations Official, within one hundred fifty (150) days, shall make such investigation as the Human Relations Official deems appropriate to ascertain facts and issues. If, within the one hundred fifty (150) days, the complaint is not resolved and if the Human Relations Official shall determine that there are reasonable grounds to believe an unlawful discriminatory practice has occurred and is susceptible of conciliation, then the Human Relations Official shall attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal, and all reasonable efforts shall be made by the parties thereto to reach a settlement. Where the Human Relations Official deems it necessary for the effective implementation of this Chapter, the Human Relations Official may designate or appoint agents or investigators to investigate or otherwise process alleged violations of the Chapter and to assist in attempted conciliation of apparent violations.

(3)

The terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a consent agreement to be signed by the parties, which agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated. Agreements shall be signed by the Human Relations Official or on behalf of the Board by the Chairman or the Acting Chairman.

(4)

If the Human Relations Official determines that the complaint lacks reasonable grounds upon which to base a violation of this Chapter, the Human Relations Official shall report his findings and determination to the Board. The Board in its discretion may 1) accept the findings and determination and order that the matter be closed, 2) order such further investigation as may be deemed necessary, or 3) order that a public hearing of the complaint as outlined in subsection 6(b) below be conducted by the Board. If further investigation is ordered the results thereof shall be presented to the Board within thirty (30) days and shall be acted upon by the Board within twenty (20) days. Nothing in this section shall prohibit a complainant from requesting direct action or an order of investigation from the Board should the Human Relations Official fail to act on the filed complaint as required by this section.

(5)

If the Human Relations Official, with respect to a matter which involves an alleged contravention of this Chapter, fails to conciliate a complaint, after the parties, in good faith, have attempted such conciliation, as provided in Subsection (1) of this section, the Human Relations Official may present the complaint to the Board, which shall then have thirty (30) days within which to attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal, and all reasonable efforts shall be made by the parties thereto to reach a settlement amenable to all concerned. The Human Relations Official shall assist the Board in these conciliation attempts. The terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a consent agreement as provided in Subsection (2).

(6)

If the Board, with respect to a matter which involves an alleged contravention of this Chapter:

(a)

Fails to conciliate a complaint, after the parties, in good faith, have attempted such conciliation, or

(b)

Determines that a complaint is not susceptible of conciliation, the Board thereafter shall schedule a public hearing. The Board shall, within ten (10) days after failing to conciliate a complaint or determining that a complaint is not susceptible of conciliation, serve upon all interested parties a statement of charges, and a notice of the time and place of the hearing. The respondent or respondent's authorized counsel may file such statements with the Board prior to the hearing date as that party deems necessary in support of respondent's position. The hearing shall be open to the public. The hearing shall be held not less than fifteen (15) days or more than forty-five (45) days after service of the statement of charges and notice to the respondent signed by two (2) members of the Board. The interested parties may present testimony and evidence and shall have the right to cross-examine witnesses. All testimony and evidence shall be given under oath or by affirmation. The Board shall not be bound by strict rules of evidence prevailing in courts of law or equity. The Board shall keep a full record of the hearing, which records shall be public and open to inspection by any person, and upon request by any principal party to the proceedings, the Board shall furnish such party a copy of the hearing record, at such cost as is necessary for the preparation of the copy.

(7)

The Board shall make such findings of fact as are supported by the evidence and testimony presented at the hearing. Should the Board determine that an unlawful discriminatory practice has occurred or is occurring, the Board shall issue such remedial orders as are necessary to correct the unlawful discriminatory practice and to require cessation of such practice.

(8)

Should the discriminatory practice as determined by the Board fail to be resolved by remedial order, the Board shall refer the matter to the City Prosecutor for investigation and either prosecution of the offending party in a court of competent jurisdiction alleging such discriminatory acts as may constitute a violation of Sections 57.08 through 57.14 of this Chapter with penalties as set forth in Chapter 1.08 of the City Code, or in addition or in the alternative to apply to the Circuit Court for an order enjoining such discriminatory act or practice or requiring the offending party to refrain from such prospective discriminatory acts and for such other remedies as may be deemed necessary and proper.

(9)

When any act is required or allowed to be done at or within a specified time by this section, for cause shown the Board at any time in its discretion may order the period enlarged or may permit the act to be done when failure to act was the result of excusable neglect.

(Ord. of 4-23-1973, § 1; Ord. of 11-19-1973, § 2; Ord. of 11-25-1974, § 3; Ord. of 8-29-1977, §§ 2, 3; Ord. of 6-30-1980, § 1; Ord. of 10-20-1980, § 3; Ord. of 8-17-1981, §§ 1—3; Ord. of 8-29-1983, Doc. #18037; Ord. of 8-28-1995, Doc. #28748; Ord. of 5-7-2007, § 3, Doc. #0705071002; Ord. No. 2014-34, § 3, 8-11-2014, Doc. #1408111202)