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81-8889 Human Relations CommORDINANCE NUMBER 81-888 (Published in The Salina Journal L �YY1 lr �t 1981) AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION 11A-72 OF THE SALINA CODE PERTAINING TO THE PROCEDURE FOR PROCESSING COMPLAINTS BY THE HUMAN RELATIONS COMMISSION, AND REPEALING THE EXISTING SECTION. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That Section 11A-72 of the Salina Code is hereby amended to read as follows: ''Section 11A-72. Procedures for processing complaints. Procedures for processing the complaint shall be in accordance with the following: Sec. 11A-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. 11A-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. 11A-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. 11A-72(4). Upon completion of the investigation, two (2) Commissioners will be assigned by the Chairman to determine whether probable cause exists based on the investigation documentation. Sec. 11A-72(5). A report on status of such investigation shall be made by the Director to the City Manager and to the investigating Commissioners within thirty (30) days after original receipt of the complaint, provided that if information requested has not been obtained from the respondent, the period of time may be extended, not to exceed thirty (30) days, in which to make his reports. Sec. 11A-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. The Director shall not make public the details of such conciliatory proceedings, but he may publish the terms of any conciliation agreement. Sec. 11A-72(7). Failure to arrive at a satisfactory adjustment within fifteen (15) days after the respondent is notified in writing of a finding of probable cause may constitute sufficient reason for the Department to judge efforts at conference and conciliation to be a failure. Sec. 11A-72(8). If the Director, or his staff, succeed by conference and conciliation, an agreement shall be prepared setting terms and conditions of the agreement. The terms of such conciliation agreement may include any promises and remedies, for retroactive, present or future effect, including all remedies which may be ordered by the Commission, and including a provision for entry in court of a consent decree embodying terms of the conciliation agreement. Sec. 11A-72(9). Upon receipt of a written request from either the complainant or respondent for a public hearing, the Chairman of the Commission or in his absence the Vice-chairman, shall within five (5) days designate three (3) 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 fifteen (15) days of receipt of the written request for the hearing. Sec. 11A-72(10). The Commission shall adopt such rules and procedures for conducting public hearings as it deems necessary and appropriate. Sec. 11A-72(11). The City Attorney or his assistant shall provide legal counsel to the hearing panel. In the event the complaint is against the City of Salina or any of its officials or employees, the hearing panel will be represented by other legal counsel for such assistance. Sec. 11A-72(12). The Commission, on its own initiative, may at any time during the course of the investigation, or subsequent thereto, order a public hearing. Sec. 11A-72(13). Both the complainant and respondent shall within five (5) days of completion of the public hearing be notified by certified mail of the results of such hearing. (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 compliance of the law; and (c) Compensatory damages: Awarding of compensatory damages to the person aggrieved by such practice, as will effectuate the purpose of the law; and (d) Punitive damages: Awarding of punitive damages to the persons aggrieved by such practices, as will effectuate the purpose of the law. Sec. 11A-72(15). If the Commissioners conducting said hearing conclude, by a majority vote, that the respondent has, in their opinion, not engaged in unlawful discriminatory acts or practices as alleged in whole or in part by the complainant, they shall make a finding of No Violation, and shall issue an order based on such findings dismissing the complaint to such respondent. Sec. 11A-72(16). 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." Sec. 11A-72(14). If the Commissioners conducting said hearing conclude, by a majority vote, that the respondent has, in their opinion, engaged in unlawful discriminatory acts or practices as alleged in whole or in part, by the complainant, the reviewing board shall exercise any of the following options or a combination of the same. (a) Cease and desist: Directing the respondent to cease and desist from such unlawful practice; and (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 compliance of the law; and (c) Compensatory damages: Awarding of compensatory damages to the person aggrieved by such practice, as will effectuate the purpose of the law; and (d) Punitive damages: Awarding of punitive damages to the persons aggrieved by such practices, as will effectuate the purpose of the law. Sec. 11A-72(15). If the Commissioners conducting said hearing conclude, by a majority vote, that the respondent has, in their opinion, not engaged in unlawful discriminatory acts or practices as alleged in whole or in part by the complainant, they shall make a finding of No Violation, and shall issue an order based on such findings dismissing the complaint to such respondent. Sec. 11A-72(16). 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." Section 2. That the existing Section 11A-72 of the Salina Code is hereby repealed. Section 3. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. 1 (SEAL) ATTEST: 1 1 D. L. Harrison, City Clerk Introduced: November 23, 1981 Passed: December 7, 1981 a �'z 4 7 "44. • k -, . 0 . Merle A. Hodges M.D., Mayor