Sec. 400.303. - Procedures.

(a) Complaints. An employee/candidate/applicant who is aggrieved may file a complaint with the Equal Opportunity/Equal Access Office on a form satisfactory to the Manager. In order to fulfill the purposes of this Subpart, complaints shall be filed within 30 days of the alleged discrimination. (b) Investigation by Equal Opportunity/Equal Access Office. Upon receipt of a complaint, the Manager, or his or her designee shall proceed to investigate the matter and to determine whether the alleged discriminatory practice or situation existed or exists, its severity, and all appropriate remedies. The product of the investigation is intended as efforts toward resolution and shall not be used as evidence or admissions against the complainant or the City in any further proceedings that may be necessary. (c) Resolution. The Manager, or his/her designee shall make every attempt to resolve the complaint internally, informally, and in a non-adversarial manner, and to reduce the terms of the agreement to writing, which shall be signed by all parties, when appropriate. The Manager shall endeavor to provide for fair and make whole relief for complainants so deserving, and to assure that no complainant will be subjected to retaliation for asserting a complaint nor any applicant or employee participating in the investigation thereof. (d) Resolution agreements. An agreement shall not be considered as evidence or admission of a violation. Upon failure or refusal of a party to observe the terms of an agreement, another party to the agreement may have recourse to the enforcement procedures allowed by civil service rules, regulations and employment law. (e) No resolution reached. If, as a result of the investigation, the Manager determines that no discriminatory practice or situation existed or exists, he or she shall notify the person who filed the complaint and the respondent verbally or in writing of this conclusion and place a report of the investigation in the record of the complaint. If informal settlement is not possible or if the complainant does not concur with the conclusion that no discrimination existed or exists, the Manager shall inform the complainant that the investigation has concluded and that the complainant may pursue other federal or State remedies. (Ord. 2004-699-E, § 4; Ord. 2017-16-E , § 3)