§ 5-5-12. INVESTIGATION AND CONCILIATION PROCEDURE.

(A)

Upon the filing or referral of a complaint as herein provided, the director shall cause to be made a prompt and full investigation of the matter stated in the complaint. However, before any charge becomes accepted for investigative purposes the director or an investigator shall have personally reviewed with the charging party the allegations contained therein and shall have determined that said complaint comes within the provisions of this chapter. In the event such review results in the determination that the charge does not come within the provisions of this chapter, the charging party shall be given a clear and concise explanation of the reasons why it does not and may appeal such determination to the commission in accordance with the appeals procedure set forth in Subsection (B), and any procedure established by the commission for hearing appeals.

(B)

If the director determines that there is not reasonable cause to believe that a particular alleged discriminatory practice has been committed, the director shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of its action. Within ten days from the receipt of such notice, and not thereafter, the complainant or his/her attorney may file with the commission a request for review and the commission shall provide the person claiming to be aggrieved and his/her attorney an opportunity to appear before the commission. Upon conclusion of such hearing the commission may be majority vote affirm, reverse, modify the finding of the director or remand the case to the director for further investigation, as appropriate.

(C)

Complaints filed with the director shall be made in writing under oath or affirmation and shall contain such information and be in such form as the director requires. Such complaints shall not be made public by the director and/or commission unless otherwise required to be disclosed by law.

(D)

If after investigation it is determined that there is reasonable cause to believe that a charge is true, the director or a conciliator who has not participated in that investigation shall endeavor to eliminate any such alleged unlawful practices by informal methods of conference, conciliation and persuasion. All determinations of the director as to whether discrimination occurred shall be made as reasonable and as promptly as possible. At any time should a respondent desire to enter into a predetermination settlement, same shall be allowed provided the aggrieved party and the director agree such is acceptable and promotable of the objectives of this chapter.

(E)

If after determining that there is reasonable cause to believe discrimination occurred, and the director or conciliator is unable to secure from the respondent an acceptable conciliation agreement after investigation, the director shall present his/her findings to the commission maintaining anonymity of the parties; if after review of the case, the commission agrees with the findings of the director, the commission may, upon a majority vote, refer the case to the city attorney for prosecution in municipal court.

Source: 1992 Code Section 7-5-12; Ord. 031106-12; Ord. 031211-11.