§ 8.5-42. Investigation and conciliation.


Latest version.
  • (a)

    Upon the filing or referral of a complaint as herein provided, the coordinator shall cause to be made a prompt and full investigation of the matter stated in the complaint; provided, however, that before any charge becomes accepted for investigation purpose, the coordinator or an investigator shall have determined that said charge comes within the provisions of this chapter. In the event such review results in the determination that a particular charge does not come within the provisions of this chapter, the charging party shall be given a clear and concise explanation of the reasons why it does not.

    (b)

    If the coordinator determines that there is not probable cause to believe that a particular alleged discriminatory housing practice has been committed, the coordinator shall take no further action with respect to that alleged offense.

    (c)

    During or after the investigation, but subsequent to the mailing of the notice of complaint, the coordinator shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and to obtain adequate assurance of future volunteer compliance with the provisions of this chapter. Nothing said or done in the course of such informal endeavors may be made public by the coordinator, the city manager, the city council, the investigator, the conciliator, the charging party, or the respondent, or be used as evidence in a subsequent proceeding without the written consent of all persons concerned.

    (d)

    Upon completion of an investigation where the coordinator has made a determination that a discriminatory housing practice has in fact occurred, if the coordinator is unable to secure from the respondent an acceptable conciliation agreement, the city council must, upon a majority vote, refer the case to the city attorney for prosecution in municipal court or to other agencies as appropriate. With such recommendation of the coordinator and the referral of the city council, the coordinator shall refer his entire file to the city attorney. The city attorney shall, after such referral, make a determination as to whether to proceed with prosecution of such complaint in municipal court.

(Ord. No. 960723-01, § 11, 7-23-1996)