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20250121Jan21_certs
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1/23/2025 12:34:18 AM
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1/23/2025 12:34:09 AM
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City Council
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1/21/2025
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<br /> <br />(B) a referral to the City Attorney for the consideration of potential civil action. <br />(C) notice to the respondent to cease and desist from such violation(s) and to <br />take such action as may be authorized by law to effectuate the purpose of <br />this ordinance, including but not limited to the payment by respondent of compensatory damages to any person or persons found by the Commission to be so entitled by reason of the violation(s) of this ordinance, or the placement or restoration of any person in or to such status in which the <br />Commission finds they would be but for respondent's violation(s) of this ordinance. <br />(12) If, after receiving the evidence presented at the administrative hearing, the Commission finds that the respondent has not engaged in the alleged violation(s) of this ordinance, the Commission shall state its findings in a written resolution and <br />shall dismiss the complaint. Prompt notice of such action shall be given to the parties, and such dismissal shall be final. <br />(13) Nothing herein shall be construed as authorizing the Commission to award damages or grant injunctive relief. <br />(b) Administrative appeal hearings for determinations of no reasonable cause <br />(1) The Commission shall serve as a due process appellate body with the authority to hear appeals of determinations of no reasonable cause rendered by the Director on complaints of individual discrimination received and investigated by the Office of Human Rights. <br />(2) If the Director determines that there is insufficient reasonable cause to believe a <br />violation of this ordinance has occurred, the Director shall dismiss the complaint and advise the complainant in writing that such dismissal shall become final unless, within ten (10) calendar days of receipt of notice of the dismissal, the complainant files with the Commission a request for a review of the determination of the <br />Director. <br />(3) On written petition of the complainant, the Commission shall hold an administrative appeal hearing to review the Director’s conclusion and shall either overrule or affirm the finding of no reasonable cause. <br />(4) If, at the conclusion of an administrative appeal hearing, the Commission determines <br />by majority vote that reasonable cause exists, it shall prepare a written resolution that <br />includes a summary of the evidence upon which the reversal of the Director’s finding is based and recommendations for further action. The Director shall serve notice on both parties of the Commission’s finding and pursue appropriate further action, per the Commission’s resolution. <br />(5) If, at the conclusion of an administrative appeal hearing, the Commission <br />determines by majority vote that no reasonable cause exists, it shall prepare a written resolution upholding the Director’s dismissal of the complaint, and such dismissal shall be final. <br />(c) Administrative hearings for determinations of reasonable cause <br />(1) If the Director determines that there is reasonable cause to believe a violation did <br />occur and either party declines to participate in alternative dispute resolution, or if such efforts are attempted but unsuccessful, the Director shall prepare a written summary of the evidence on which the determination of reasonable cause is based and shall recommend appropriate remedies for the discriminatory actions in a <br />report to the Commission.
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