§ 2331.05 — Complaint procedure

2331.05 - Complaint procedure.

(A) Whenever it is alleged in a complaint, in writing, by a person, hereinafter referred to as "complainant," that any person, employer, employment agency, or labor organization, hereinafter referred to as the "respondent," has engaged in or is engaging in any unlawful discriminatory practices as defined in Title 23, Chapter 2331 and Chapter 2335 of the Columbus City Codes, or upon the investigator's own initiative, in matters relating to such discriminatory practices, the investigator may initiate an investigation. Such complaint shall be filed with the investigator within six (6) months after the alleged unlawful discriminatory practices are committed. (1) If the investigator receives a complaint that is incomplete or describes practices not defined in Title 23, Chapter 2331 and Chapter 2335 of the Columbus City Codes, the complaint will not be accepted. The person filing the complaint will be notified and no further action will be taken. (B) After investigation, the investigator may do any of the following: (1) If there is no reasonable basis to believe that unlawful discriminatory practices have been or are being engaged in, recommend to the community relations commission that the complaint be dismissed and closed. (2) If there is a reasonable basis to believe that unlawful discriminatory practices have been or are being engaged in, endeavor to eliminate such practices by methods of conference, conciliation, and persuasion. (a) If the investigator is satisfied that any unlawful discriminatory practice of the respondent has been or will be eliminated, the investigator may recommend to the community relations commission that the complaint be deemed conciliated and closed. (b) If staff the investigator fails to effect the elimination of such unlawful discriminatory practices or to obtain conciliation of the matter, or, if the circumstances warrant, in advance of or during any such investigation or endeavors to conciliate the matter, the investigator may recommend to the community relations commission that the complaint be referred to the City Prosecutor to evaluate for criminal prosecution. This subdivision shall not apply to complaints filed under Chapter 2335. (c) If the investigator fails to effect the elimination of such unlawful discriminatory practices or to obtain conciliation of the matter and no referral to the City Prosecutor to evaluate for criminal prosecution is then pending, the investigator may recommend to the community relations commission that a notice of violation and imposition of a civil penalty be served upon the respondent. (C) Upon receiving a recommendation from the investigator, the community relations commission may accept or reject the recommendation. The Director shall then be notified in writing of the commission's decision. (D) Upon being notified in writing, the Director may accept or reject the recommendation of the community relations commission and issue a decision. Such decision shall be reduced to writing and the Director shall notify the investigator of their decision. (E) Upon receiving notification of the Director's decision, the investigator may do any of the following: (1) close the complaint and notify the complainant of the decision, (2) if the Director rejects the recommendation of the community relations commission, consult with the Director and/or the commission to determine what further action, if any, needs to be taken on the complaint, and complete any additional investigation and/or processing of the complaint as directed, (3) notify the City Prosecutor's Office of the Director's decision to refer the complaint for evaluation for potential criminal prosecution, or (4) issue a notice of violation and imposition of civil penalty to the respondent. (a) said notice shall inform the respondent of the right to appeal before a hearing officer appointed by the Department of Neighborhoods and that failure to request an appeal within fifteen (15) calendar days of receipt of the notice shall constitute a waiver of the right to appeal and shall be considered an admission of violation and a default finding of civil liability shall be imposed for the amount assessed. (F) Respondent may appeal a decision of the Director by submitting a written notice of appeal to the investigator including the name, address, and telephone number of the respondent, the date of the written notice of appeal, and a statement of intent to appeal. The investigator shall schedule an appeal hearing within thirty (30) calendar days of receipt of a written notice of appeal. The hearing officer may grant continuances as deemed necessary. (1) the Director or designee shall appoint the hearing officer and schedule the date, time and location of the appeal hearing. Notice of the appeal hearing shall be sent timely to the respondent. The investigator shall maintain a record of the hearing consistent with the Department's records retention schedule. The record may be made by stenographic means or by the use of an audio electronic recording device. (G) If a hearing officer is appointed, the hearing officer shall have the authority to: (1) Conduct a hearing applying a preponderance of the evidence standard and administer an oath to anyone who will testify; (2) Provide to all the parties, witnesses, and the Community Relations Commission timely notice of the hearing date, time, and location; (3) Direct the exchange of discovery; (4) Set, change as necessary, and timely communicate to the parties such reasonable procedural rules as the hearing officer shall deem appropriate including: (a) The Department of Neighborhoods shall have the burden of going forward with the presentation of evidence. All parties shall have the right to appear and be heard in person, or by legal counsel, to present their case. (b) All parties shall have the right to: offer and examine witnesses and present evidence in support of their case; cross examine adverse witnesses; and proffe evidence into the record if its admission has been denied. (c) Make rulings on all matters of evidence. In so doing, the hearing officer is not strictly bound by the rules of evidence. The hearing officer may ask questions of any witness at any point in the proceedings and may set time and other limitations for each side in the presentation of evidence. A record of proceedings shall be kept. (5) Except as otherwise prescribed by law, the hearing officer shall submit, within seven (7) business days from the hearing date, to the investigator and the respondent, a written report setting forth the hearing officer's findings of fact and conclusions of law with final determination of the matter. (a) The written report of the Hearing Officer may not include any orders for reinstatement of employment, refund of monies paid, other mitigation of damages, or any other orders for corrections or sanctions, except as provided in this section. (b) The written report containing a determination of the matter shall be considered a final appealable order and may be appealed pursuant to the provisions of R.C. Chapter 2506. (6) A copy of the Hearing Officer's written report shall, within five (5) days of being submitted to the investigator, be served upon the respondent or respondent's attorney, by certified mail.

(Ord. 2535-94; Ord. 1865-2008 § 2 (part); Ord. No. 1212-2021, § 7, 5-24-2021; Ord. No. 0709-2023, § 3, 3-13-2023; Ord. No. 1440-2024, § 3, 6-24-2024)