§ 5-6-12. GENERAL ENFORCEMENT GUIDELINES.  


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  • (A)

    Any person who believes that he/she has been discriminated against in violation of the provisions of this chapter may file with the director a request to have the director investigate and mediate his/her complaint.

    (B)

    Nothing in this chapter shall create a civil cause of action for damages against the City or preclude any aggrieved person from seeking any other remedy provided by law. Nothing herein shall authorize criminal enforcement of this chapter against the City or its agents, employees, officials, and the like, acting within the scope of their employment.

    (C)

    A complaint to the director is not a prerequisite or a bar to the filing of a complaint with the Texas Commission on Human Rights or to the pursuit of any other remedy provided by law. The pendency of a complaint before the director shall not bar any aggrieved party from seeking civil action, but a final judgment in any civil action shall bar any further investigation of a complaint.

    (D)

    In connection with any investigation of a charge filed under this chapter, the director or investigator shall at all reasonable times have access to, for the purposes of examination and the right to copy, any evidence of any person being investigated or proceeded against that relates to unlawful employment practices and is relevant to the charge under investigation and is not privileged as provided by law.

    (E)

    No person shall knowingly, intentionally or recklessly obstruct, or prevent compliance with this chapter or hinder or interfere with the performance of the proper exercise of a duty, obligation, right or power of the Human Resources Department or its representative, or other officials with duties, obligations, rights and powers established by ordinance.

    (F)

    The city attorney shall assign counsel to assist the Human Resources Department in the performance of its functions. The city manager shall make such other administrative arrangements as are normal and necessary for the functioning of the Human Resources Department.

Source: 1992 Code Section 7-6-12; Ord. 031106-12; Ord. 031211-11.