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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 1 1