8692 Processing ComplaintsORDINANCE NUMBER 8692
(Published in The Salina Journal A -11A rCk q 1979)
AN ORDINANCE PROVIDING FOR THE PROCEDURE FOR FILING AND PROCESSING
COMPLAINTS. AMENDING SECTION 11A-72 OF THE SALINA CODE AND REPEALING THE EXISTING
SECTION.
BE IT ORDAINED by the Governing Body 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 processino 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
bv 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). A report on the findings of such invest4gation
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. 11A-72(5). Upon completion of the investigation, the
Director shall determine whether probable cause exists for such
complaint.
Sec. 11A-72(6). Both the complainant and the respondent shall
promptly be notified by certified mail of the determination concerning
probable cause, and that such determination may be appealed in writing
to the Human Relations Commission within fifteen (15) days of notificati n.
Sec. 11A-72(7). Either the complainant or respondeni-, if not
satisfied with the determination concerning probable cause, may
request a public hearing before the commission. Such request shall be
submitted in writing within fifteen (15) days following receipt of
notification of said determination.
Sec. 11A-72(8). If it is determined that probable cause exists
for crediting the allegations of the complaint, and no request for a
public hearing before the commission is filed, 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. 11A-72(9). If no agreement is reached, and there has been
no hearing, as provided by Section 11A-72(7), the complainant,
respondent and/or Director may 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.
Sec. 11A-72(10). Upon receipt of a written request from the
complainant, respondent and/or Director for a public hearing, the
chairman of the Commission or, in his absence, the vice-chairman,
shall, within five (5) days designate five (5) commissioners to conduc
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. 11A-72(11). The Commission shall adopt such rules and
procedures for conducting public hearings as it deems necessary and
appropriate.
Sec. 11A-72(12). 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 Salina or any of its
officials or employees, the Commission may retain other local legal
counsel for such assistance.
Sec. 11A-72(13). The Commission on its own initiative may at any
time, during the couse of the investigation, or subsequent thereto,
order a public hearing.
Sec. 11A-72(14). 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. 11A-72(15). 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 same:
(a) Instruct the Director to proceed with conciliation and
negotiations to correct such unlawful discriminatory
acts or practices, and develop a written conciliatory
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 compliance.
(c) Certify the case and the entire record of its
proceedings to the City Attorney for prosecution in the
appropriate court of law. Or, if other legal counsel
has been retained as provided for in subsection 11A-
72(10) above, the case may be certified to that
attorney for prosecution.
Sec. 11A-72(16). Failure to comply with or violations 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.
Introduced: February 5, 1979
Passed: March 5, 1979
i`
.f
Jack Weisg&ber Mayor
(SEAL) (SEAL)
i'
�I Attest:
S". r -.E
D. C� Harrison, City Clerk
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