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