F-9 Processing Complaints
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Procedures for processing complaints
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ARTICLE VIII.
PROCEDURES FOR FILING AND PROCESSING COMPLAINTS
Explanation
"Section llA-70.
Complaint, filing of.
'Any person claiming to be aggrieved by an alleged unlawful act
or practice may, by himself or by his attorney at law, make, sign,
and file with the Director a verified complaint, in writing. The
Director or Commission upon its own initiative, or the City Attorney,
may, in a like manner, make, sign and file such complaint. An
employer whose employees, or some of whom, refuse or threaten to
refuse to cooperate with the provision of this chapter ~ay file a
verified complaint asking for assistance by conciliation or other
remedial action.
"Section l1A-71.
Submission of a false, misleading, or incomplete
complaint, statement, response or report.
Any person who knowingly and intentionally submits or files or
causes to be submitted or filed, a false, misleading, or incomplete
complaint, statement, response or report with the Human Relations
Commission, the Director or any of his personnel, shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be subject to the
penalty provided in Section 1-8 of the Salina Code.
"Section l1A-72.
Procedures for processing complaints.
Procedures for processing the complaint shall be in accordance
with the following:
Sec. llA-72(1). The Human Relations Department shall maintain
a docket of all legally filed complaints, and each complaint, as
initiated, shall be assigned an appropriate designation.
Sec. llA-72(2). The Director shall promptly notify the respondent
by certified mail that a complaint has been filed. Such notice
shall include: the name of the complainant; the date the complaint
was filed; nature of the complaint and that the Director or a member
of his staff will, as soon as possible, proceed with processing of
the complaint. '
Sec. llA-72(3). The Director shall make, with the assistance
of his staff, a prompt and full investigation of the alleged unlawful
act or practice.
Sec.llA-72(4). A report on the findings of such investigation
shall be made by the Director to the City Manager within thirty (30)
days after original receipt of the complaint, provided, however,
for good cause shown, the City Manager may grant to the Director
additional periods of time not to exceed thirty (30) days to make
his findings and reports.
Sec. llA-72(S). Upon completion of the investigation, the
Director shall determine whether probable cause exists for such
complaint.
delete l1A-72(
& repl ace it \':
l1A-72(7) &
re-number all
sub-sections
from here on
Sec. l1A-72(6). If it is determined that probable cause exists
for crediting the allegations of the complaint, the Director shall
promptly endeavor to eliminate the unlawful discriminatory act or
practice by means of conciliation and persuasion. The Director
shall not make public the details of such conciliatory proceedings,
but he may publish the terms of any conciliation agreement.
Sec. l1A-72(7). If no agt'eement is reached, the Director, on
behalf of the complainant and respondent, shall request a public hearing
before the Commission. Such request shall be submitted to the Commission
in writing within five (5) days from the date the Director determines
an impasse has been reached in the negotiations.
replaces
llA-72(8) wi
significant
. changes made
,..
Sec. llA-72(8). Upon receipt of a written request from the
Director for a public hearing, the chairman of the Con~ission or,
in his absence, the vice-chairman, shall, within five (5) days
designate five (5) commissioners to conduct such public hearing.
Such public hearing shall be held after reasonable notice to all
parties of the time and place thereof, but within thirty (30) days
. of receipt of the written request for the hearing, provided, however,
for good cause shown, the Commission may grant additional periods
of time not to exceed thirty (30) days in which to hold such public
hearing.
Sec. llA-72(9). The Commission shall adopt such rules and
procedures for conducting public hearings ~~ it deems necessary
and appropriate.
Sec. llA-72(10), The City Attorney or his assistant shall be
available to the Commission to assist in conducting public hearings.
In the event the complaint involves the City of Sali¡r.} or any of its
. officials or employees) the Commission may retain other local legal
counsel for such assistance.
Sec. llA-72(11). The Commission on its own initiative may at
any time, during the course of the investigation) or subsequent
thereto) order a public hearing.
Sec. llA-72(12). Both the Complainant and respondent shall
within ten (10) days of completion of the public hearing be notified
by certified mail of the results of such hearing.
Sec. llA-72(13). If the commissioners conducting said hearing
conclude) by a majority vote, that the respondent has, in their
opinion, engaged in unl a\'/ful di scriminatory acts or practi ces as
alleged in whole or in part, by the complainant, the reviewing boay'd
shall exercise any of the followiny options or a combination of
same:
'(a) Instruct the Director to proceed with conciliation
and negotiations to correct such uolawful discriminatory
acts or practices, and develop a written conciliator}'
agreement between the complainant and the respondent.
(b)
Issue such orders in writing as the facts warrant.
Such order may require the respondent to cease and
desist from such unlawful acts or practices and to
take such affirmative action as necessary to comply
with the provisions of this chapter, including a
requirement for a report or reports of the manner of
compl iance.
(c)
Certify the case and the entire record of its 'p~oceedings
to the City Attorney for prosecution in the appt'opriate
court of law. Or) if other legal counsel has been
retained as provided for in subsection 11A-72(10)
above, the case may be certifi ed to that attorney for'
prosecution.
Sec. llA-72(14). Failure to comply with or violation of any
conciliatory agreement entered into by the complainant or respondent)
or failure to comply with any order issued by the reviewing board
shall be cause for the Commission to request the City Attorney or
other legal counsel which they have retained in the case to undertake
and proceed with appropriate legal action.
. changed "from
either the
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