Chapter 12 HUMAN RELATIONS*
Section 12-57 Same--Investigation, resolution.
(a) Before investigating a complaint, the investigator shall
determine if the complainant and
respondent are willing to resolve the issues raised in the complaint through mediation or some
other method of dispute resolution. If the complainant and respondent are willing, the
investigator shall facilitate dispute resolution. The complainant and respondent may engage in
dispute resolution at any stage in the process. If the complainant and respondent resolve the
dispute prior to investigation, the case shall be closed.
(b) If the complainant and respondent are unwilling to attempt
dispute resolution or are
unsuccessful in such an attempt, the investigator shall promptly investigate the allegations of the
complaint.
(c) After completing the investigation, the investigator shall
report to the commission the
results of the investigation and the investigators opinion on whether there is probable cause
to
credit the allegations of the complaint.
(d) After receiving the investigators report, the commission
may direct further investigation.
When the commission is satisfied that the complaint has been properly investigated, it shall
determine whether there is probable cause to credit the allegations of the complaint. If the
commission determines that there is no probable cause, it shall dismiss the complaint. If the
commission determines that there is probable cause, it shall attempt to have the issue resolved
through mediation or some other method of dispute resolution. If the respondent is unwilling to
participate in dispute resolution, the commission may forward the matter to the city prosecutor.
(e) At any stage in the process, the commission may close the
case for good administrative
reasons. Such reasons shall include but not be limited to the following:
(1) The complainant has failed to cooperate
with the commission.
(2) The commission is unable to locate
the complainant or respondent.
(3) The complainant wishes to withdraw
the complaint.
(4) The subject matter of the complaint
has been satisfactorily investigated and resolved by
another governmental agency.
(5) The complainant has filed a lawsuit
against respondent involving the subject matter of
the complaint.
(CC 1964, § 7.2090; Ord. No. 13194 § 4, 12-16-91; Ord. No. 17127, § 1, 1-7-02)
(Ord. 17127, Amended, 01/07/2002, Prior Text)