Any person claiming to have been discriminated against in violation of this chapter or Chapter 18A, Fair Housing, must file a signed, written complaint with the City Manager or the designee of the City Manager setting forth the details, including the names of the parties involved, contact information for the complainant, dates, witnesses, and other factual matters relevant to the claim, within 91 days of the incident forming the basis of the complaint. Complaints not filed with the specified time frame will not be considered.
The City Manager or the designee of the City Manager, with the assistance
of the City Attorney or designee of the City Attorney, will review
the complaint to determine its relevance to applicable City ordinances.
Upon completion of the review, the complaint will be addressed through
one of the following actions:
Referral of the complaint to an appropriate state, federal or local
authority for investigation. If referred to an external agency, the
complainant will receive written notification of the referral by the
City.
In the course of the investigation, the City Manager or the designee
of the City Manager may request a person to produce books, papers,
records or other documents which may be relevant to the complaint
being investigated. If said person does not comply with such request,
the City Attorney may issue subpoenas for the production of materials,
and if necessary, apply to the Kalamazoo County Circuit Court for
an order requiring production of said materials.
No person shall provide false information to any authorized City
employee investigating a complaint initiated under this section. Violation
of this section is a misdemeanor.
Action on the complaint will be completed within 91 days of receipt
of the complaint, and the parties will be notified in writing if additional
time is necessary.
After the completion of an investigation, the City Manager shall
give written notice of the results of the investigation to the Civil
Rights Board, the person who filed the complaint, and the person accused
of the violation. If the investigation establishes that a violation
of City ordinances occurred, the City Manager or his/her designee
may attempt to resolve the matter by a voluntary settlement agreement
between the involved parties without legal action.
Cases may be resolved by a voluntary settlement, agreed to by both
parties, or by an administrative closure, if the request for settlement
is withdrawn or a complaint is filed in court or with another administrative
agency based on the same incident of discrimination.
If the investigation establishes probable cause of discrimination,
an offer to settle the matter will take place as soon as possible.
The City may enter into enforceable agreements with a respondent to
terminate the discriminatory conduct and reverse the effects of past
discrimination.
The respondent will be asked to 1) cease and desist from the specific
discriminatory act or practice involved in the complaint, and 2) implement
whatever actions and policies are necessary to remedy the discrimination
uncovered in the investigation.
Violations of voluntary settlement agreements are violations of this
chapter, subjecting the respondent to prosecution and equitable action
to enforce the agreement.
The City Attorney may commence a civil action to obtain injunctive
relief to prevent discrimination prohibited by this chapter, to reverse
the effects of such discrimination or to enforce a voluntary settlement
agreement.
Prosecution for violation of this chapter may be initiated by complaint
of the affected person on the basis of a violation of a voluntary
settlement agreement or at the direction of the Civil Rights Board
on the basis of an investigation undertaken by the City Manager.
Violation of this chapter shall be prosecuted by the City Attorney
as a municipal civil infraction pursuant to the provisions of the
Revised Judicature Act of 1961, MCLA § 600.101 et seq.
A violation of any provision of this chapter is a municipal civil
infraction punishable by a fine of not more than $2,000, plus all
costs of the action. The court may issue and enforce any judgment,
writ, or order necessary to enforce this chapter. This may include
reinstatement, payment of lost wages, hiring and promotion, sale,
exchange, lease or sublease of real property, admission to a place
of public accommodation, and other relief deemed appropriate.
A violation proved to exist on a particular day shall be presumed
to exist on each subsequent day unless it is proved that the violation
no longer exists.
Nothing contained in this chapter shall be construed to limit in
any way the remedies, legal or equitable, which are available to the
City or any person for the prevention or correction of discrimination.