Section 12-57 Same--Investigation, resolution.
Prior to the adoption of Ord. 17127 on 01/07/2002, Section 12-57 read as follows.
(a) Complaints shall be investigated and conciliated or mediated by
individuals who have been
approved by the commission and trained in investigation, conciliation and mediation.
(b) Upon filing of a complaint, the chairperson of the commission shall
designate an individual
to investigate the allegations. The individual shall promptly investigate such allegations, and if
he determines that probable cause exists for crediting the allegations of the complaint, he shall
thereupon undertake to eliminate the alleged discriminatory practice or practices by conference,
conciliation and persuasion or mediation, and shall inform the commission of the results of such
efforts. If the individual determines that no such probable cause exists, he shall so report to the
commission, which shall thereupon dismiss the complaint without further proceedings, or direct
further investigation or, if it determines that probable cause exists for crediting the allegations
the complaint, direct that the alleged discriminatory practice or practices be the subject of
conference, conciliation and persuasion or mediation. Neither the members of the commission
nor any person participating in the investigation shall disclose what has occurred in the course of
such efforts to conciliate. The determination of probable cause shall be made, and the
investigation and conciliation or mediation shall be conducted, in accordance with such rules,
regulations and guidelines as the commission shall prescribe.
(c) If such efforts fail to eliminate the alleged discriminatory practice
or practices, the
complainant shall be referred to the Missouri Commission on Human Rights.
(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
unsuccessful in such an attempt, the investigator shall promptly investigate the allegations of the
(c) After completing the investigation, the investigator shall report to the
results of the investigation and the investigators opinion on whether there is probable cause
credit the allegations of the complaint.
(d) After receiving the investigators report, the commission may direct
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
reasons. Such reasons shall include but not be limited to the following:
(1) The complainant has failed to cooperate with the
(2) The commission is unable to locate the complainant
(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
(CC 1964, § 7.2090; Ord. No. 13194 § 4, 12-16-91)