Section 4.04.220 Procedure for processing complaints.

1. Whenever a verified complaint is filed pursuant to this chapter, a true copy of the complaint shall be transmitted to the person alleged to have committed the illegal discriminatory practice, referred to as the "respondent," by certified mail within ten days. In addition to a copy of the complaint, the respondent shall receive a bill of particulars setting out the dates and facts upon which the complaint is based. Upon receipt of the complaint, the respondent shall be advised of the right to file a written response to the allegations of the complaint within ten days, of the right to counsel and the right to present evidence at any stage of the investigation and hearing and shall be informed of the confidentiality of the human rights commission's investigation and conciliation efforts and the respondent's cooperation in maintaining the non-adversarial environment such confidentiality fosters shall be sought by commission staff. Any response filed by the respondent to the complaint shall be submitted in writing, under oath and in the form prescribed by the commission. The respondent may amend the answer at any time and submission of a written answer by the respondent does not preclude or inhibit the investigation of the complaint.

2. Pre-Investigation Settlement. Before conducting a full investigation of the complaint, the Human Rights Commission or a committee or employee thereof may attempt to negotiate a settlement of the dispute between the parties, if such person deems that an attempt to settle is practicable.

3. The executive director of the human rights commission shall appoint a member of the commission staff who, under the supervision of the executive director, shall make a prompt and full investigation of the alleged illegal discriminatory practice and forward to the executive director a summary of the investigation. If a complainant or respondent fails or refuses to provide information requested for an investigation, the executive director may issue a subpoena for that information.

4. The executive director and staff member may determine during the investigation that the complaint has no validity or is not within the jurisdiction of the commission. The executive director shall report the findings to the commissioners assigned to the case. If the majority of commissioners assigned to the case concur with the executive director the complaint may be closed with a ministerial finding of no probable cause or no jurisdiction and the complainant shall be so notified. The finding of the assigned commissioners shall be reported to the commission. The complainant may appeal such ministerial finding to the chair and vice-chair of the commission within ten days of the notification.

5. If it is determined by the executive director that no probable cause exists for the complaint, the complainant and respondent shall be promptly notified in writing and the case shall be closed unless this finding is appealed to the chair and vice-chair of the commission within ten days of the notification.

6. For an appeal from a finding of no probable cause, the chair and vice-chair of the commission shall consider the complaint. If it is determined that no probable cause exists, the chair and vice-chair shall enter a final order of no probable cause and shall promptly notify the complainant and respondent. If the chair and vice-chair of the commission determine that probable cause exists, the staff shall be directed to proceed with conciliation and persuasion.

8. An investigation shall be deferred if the same complaint has been filed with an agency with duties and powers similar to the commission which is proceeding with its own investigation of the complaint. The commission's investigation may be stayed pending the completion of the other agency's investigation if it is determined by the executive director to be in the best interests of the commission. (Ord. 2008-0235; 2001-0459; 2000-9018; 99-7659; 91/T-9425; S-32708, 1977)