Notice of right to sue; procedure and authority

(a)

Issuance of notice of right to sue upon request.

(1)

When a person claiming to be aggrieved requests, in writing, that a notice of right to sue on the complaint be issued, the administrator shall promptly issue such notice as described in subsection (e) to all parties, at any time after the expiration of one hundred eighty (180) days from the date of filing of the complaint with the administrator, or in the case of a complaint filed by the administrator, one hundred eighty (180) days after the filing of the complaint (60 days in both instances if the complaint is for age discrimination).

(2)

When a person claiming to be aggrieved requests, in writing, that a notice of right to sue on the complaint be issued, the administrator may issue such notice as described in subsection (e) with copies to all parties, at any time prior to the expiration of one hundred eighty (180) days from the date of filing the complaint with the administrator (60 days if the complaint is for age discrimination); provided, that the administrator has determined that it is probable that the administrator will be unable to complete the administrative processing of the complaint within one hundred eighty (180) days from the filing of the complaint (60 days if the complaint is for age discrimination) and has attached a written certificate to that effect.

(3)

Issuance of a notice of right to sue shall terminate further proceeding of any complaint not filed by the administrator unless the administrator determines at that time or at a later time that it would effectuate the purpose of this article to further process the complaint. Issuance of a notice of right to sue shall not terminate the processing of a complaint filed by the administrator.

(4)

The issuance of a notice of right to use does not preclude the administrator from offering such assistance to a person issued such notice as the administrator deems necessary or appropriate.

(b)

Issuance of notice of right to sue following to administrator's disposition of complaint.

(1)

Where the administrator has found reasonable cause to believe that this article has been violated, has been unable to obtain voluntary compliance with this article, and where the administrator has decided not to bring a civil action against the respondent, it will issue a notice of right to sue on the complaint as described in subsection (e) to:

a.

The person claiming to be aggrieved; or,

b.

In the case of a complaint filed by the administrator, to any member of the class who is named in the complaint, identified by the administrator in a third-party certificate, or otherwise identified by the administrator as a member of the class, and provide a copy thereof to all parties.

(2)

Where the administrator has entered into a conciliation agreement to which the person claiming to be aggrieved is not a party, the administrator shall issue a notice of right to sue on the complaint to the person claiming to be aggrieved.

(3)

Where the administrator has dismissed a charge pursuant to section 12-48, the administrator shall issue a notice of right to sue as described in subsection (e) to:

a.

The person claiming to be aggrieved; or,

b.

In the case of a complaint filed by the administrator, to any member of the class who is named in the complaint, identified by the administrator in a third-party certificate, or otherwise identified by the administrator as a member of the class, and provide a copy thereof to all parties.

(4)

The issuance of a notice of right to sue does not preclude the administrator from offering such assistance to a person issued such notice as the administrator deems necessary or appropriate.

(c)

Where a complaint has been filed on behalf of a person claiming to be aggrieved, the notice of right to sue shall be issued in the name of the person or organization who filed the complaint.

(d)

Content of notice of right to sue. The notice of right to sue shall include:

(1)

Authorization to the aggrieved person to bring a civil action under this article within ninety (90) days from receipt of such authorization;

(2)

Advice concerning the institution of such civil action by the person claiming to be aggrieved, where appropriate;

(3)

A copy of the complaint;

(4)

The administrator's decision, determination, or dismissal, as appropriate.

(Ord. No. 92-147, § 2, 9-10-92; Ord. No. 96-201, § 12, 9-19-96)