[Ord. No. 10283, § 1, 9-3-2015[1]]
It shall be unlawful for any person to discriminate against
any person because of race, color, religion, national origin, ancestry,
sex, disability, familial status, sexual orientation or gender identity.
[Ord. No. 10283, § 1, 9-3-2015]
(a)
Any individual who claims to be aggrieved by a discriminatory act
shall be advised to file with the City a complaint in writing stating
their name and address; the name and address of the person(s) alleged
to have committed such practice; the particulars thereof; and such
other information as may be requested by the City.
(b)
If the complaint seeks affirmative relief, the complainant shall
state what relief is sought or proposed.
(c)
The complaint information shall be forwarded to the staff liaison
for the Human Rights Commission ("HRC") who shall notify the HRC of
the complaint.
(d)
All such complaints must be filed within 180 days of the date of
the alleged discriminatory act, and if the complaint is not filed
within 180 days, the complainant will be notified that no action will
be taken by the City because of the untimely filing.
(e)
An individual who files a complaint shall be advised of the right
to file a complaint with the Missouri Commission on Human Rights or
the appropriate federal agency, and if the individual has the right
to file a complaint with the Missouri Commission on Human Rights or
an appropriate federal agency, then the City shall take no further
action.
(f)
If a timely complaint asserts
a claim of discrimination based upon sexual orientation or gender
identity, City staff shall:
(i)
Send complaint forms to the complainant;
(ii)
Upon receipt of the completed complaint forms from the complainant,
send appropriate forms to the persons alleged to have committed the
acts (respondent);
(iii)
Review the information received from the complainant and the
respondent with the City Attorney's office to determine if there
is a reasonable basis to proceed; and
(iv)
The complainant and respondent will be notified of the determination
of the City Attorney's office, and, if it is determined that
there is a reasonable basis to proceed, the complainant and respondent
will be advised of the process set forth in this article.
(g)
City staff shall review the information received from the complainant
and the respondent with the City Attorney's office to determine
if there is a reasonable basis to proceed.
(h)
The complainant and respondent will be notified of the determination
of the City Attorney's office, and, if it is determined that
there is a reasonable basis to proceed, the complainant and respondent
will be advised of the process set forth in this article.
[Ord. No. 10283, § 1, 9-3-2015]
(a)
Before investigating a complaint, City staff and the HRC 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,
City staff and the HRC will facilitate dispute resolution through
Washington University or some other mediation group. 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 Police Department
will investigate the allegations of the complaint.
(c)
After completing an investigation, the investigative officer shall
report the results of the investigation to the City Prosecuting Attorney
("Prosecutor"), including the investigating officer's opinion
on whether there is probable cause to issue a complaint.
(d)
After receiving the investigation report, the Prosecutor may direct
further investigation. When the Prosecutor is satisfied that the complaint
has been properly investigated, the Prosecutor shall determine whether
there is probable cause to issue a complaint.
(e)
If the Prosecutor determines that there is no probable cause, the
HRC shall be notified and the matter shall be closed. If, in the sole
discretion of the Prosecutor, a determination is made that there is
probable cause to proceed and a likelihood of success on the merits,
the Prosecutor shall issue a charge/information, but will attempt
to have the matter resolved through some method of dispute resolution.
If the respondent is unwilling to resolve the dispute, the case shall
proceed through the municipal court process.
[Ord. No. 10283, § 1, 9-3-2015]
No prosecution for a violation of any provision of this article
shall be commenced unless a complaint shall have first been filed
and processed in accordance with the provisions set forth herein.
[Ord. No. 10283, § 1, 9-3-2015]
Any person who shall violate any provision of this article shall be deemed guilty of an offense and shall, upon conviction, be punished in accordance with § 1-8 of the City of Kirkwood Code of Ordinances.
