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 investigator’s opinion on whether there is probable cause to credit the allegations of the complaint.

(d)    After receiving the investigator’s 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)