Reasonable cause determination; conciliation

(a)

If the administrator completes an investigation of a complaint and determines that no reasonable cause exists to believe that a violation of this article has occurred or is occurring, the administrator shall dismiss the complaint and promptly notify the person claiming to be aggrieved and the respondent of the administrator's action.

(b)

If the administrator completes an investigation of a complaint and determines that reasonable cause exists to believe that a violation of this article has occurred or is occurring, the administrator shall endeavor to eliminate any such alleged violation by methods of conciliation. Nothing said or done during and as a part of such conciliation shall be made public by the administrator or used as evidence in a subsequent proceeding without the written consent of the persons concerned. A conciliation agreement negotiated under this article may include but is not limited to:

(1)

Admission or restoration of individuals to a public accommodation;

(2)

Provision or maintenance of reasonable accommodations;

(3)

Removal of barriers;

(4)

Making reasonable modifications.

(c)

The administrator shall make a determination on reasonable cause as promptly as possible and, so far as practical, not later than one hundred twenty (120) days from the filing of the complaint.

(d)

After completing an investigation, where the administrator has not conciliated or dismissed a complaint or made a no cause finding as to the allegations in the complaint, the administrator shall issue a determination that reasonable cause exists to believe that an unlawful public accommodation practice has occurred or is occurring under this article. The administrator shall provide prompt notification of its determination to the person claiming to be aggrieved, the person making the complaint on behalf of such person, if any, and the respondent, or in the case of a complaint filed by the administrator, the person named in the complaint or identified by the administrator, if any, and the respondent.

(e)

If within thirty (30) days after a complaint is filed with the administrator, the administrator has been unable to secure from the respondent a conciliation agreement acceptable to the administrator, the city attorney may bring a civil action against any respondent.

(f)

In the event that the administrator fails to conciliate, or the administrator and the hearing officer fail to take final action on, any complaint under this section within one hundred eighty (180) days of filing sixty (60) days if the complaint is for age discrimination), an aggrieved person may bring a civil action against the respondent named in the complaint in any court of competent jurisdiction. The commencement of such action shall divest the administrator and the hearing officer of jurisdiction of such complaint, except that the administrator may intervene as a matter of right.

(Ord. No. 92-147, § 2, 9-10-92; Ord. No. 96-201, § 11, 9-19-96; Ord. No. 2004-73, § 1, 3-18-04)