§ 5-6-14. 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. Provided, however, that before any charge becomes accepted for investigative purposes the director 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 Austin Human Rights 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 Human Rights Commission a request for review and the Human Rights Commission shall provide the person claiming to be aggrieved and his/her attorney an opportunity to appeal the determination of the director of Human Resources Department to the Human Rights Commission. Such appeal may be conducted in writing. Upon conclusion of such appeal, the Human Rights Commission may 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 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 the Human Rights 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 practice(s) by informal methods of conference, conciliation and persuasion. All determinations of the director as to whether discrimination occurred shall be made 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, the director shall present his/her findings to the Human Rights Commission. If after review of the case, the Human Rights Commission agrees with the findings of the director, the Human Rights Commission may, in cases where the respondent is a City department, recommend to the city manager that corrective measures as he/she deems appropriate to be taken to eliminate the discriminatory activity. If the respondent is a City contractor, the Human Rights Commission shall forward its findings to the parties involved and to the city council together with its recommendations. After receipt of the findings of the Human Rights Commission, the city council, if it concurs in such findings, may cause the contract with such contractor to be canceled, terminated or suspended in whole or in part, as the city council deems advisable under the circumstances. If after review of the case, the city council disagrees with the findings of the Human Rights Commission, the city council may reverse or modify the findings of the Human Rights Commission.

(F)

Notice shall be provided in the City contracts that noncompliance with this chapter by City contractors may result in termination of such contracts.

Source: 1992 Code Section 7-6-14; Ord. 031106-12; Ord. 031211-11.