PROCEDURE

Jacksonville Ordinance Code tit. XI, ch. 402, pt. 3

in effect

Jacksonville Ordinance Code § 402.301 Jurisdiction of Commission.

Sec. 402.301. - Jurisdiction of Commission. The Commission shall have jurisdiction to hear and determine all complaints concerning violations of this Chapter and of its rules promulgated to implement this Chapter. This jurisdiction is original and exclusive of any other administrative or executive agency of the City, except as herein expressly provided. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1)

Jacksonville Ordinance Code § 402.302 Complaints.

Sec. 402.302. - Complaints. (a) All proceedings under this Chapter shall be commenced by the filing of a complaint alleging the engaging in an unlawful employment practice or the violation of a rule by which the person complained against is required to do or refrain from doing an act in furtherance of the general objectives stated in Section 402.104. A complaint may be filed by a person who is or believes himself to be aggrieved or injured on account of the unlawful employment practice or of the violation of a rule which is alleged in the complaint, or by a person on behalf of the aggrieved or injured person. (b) The complaint shall be in a form prescribed by the rules of the Commission and shall state at least the name and address of the complainant and the name and address of the person against whom the complaint is made. It shall also state the unlawful employment practice or rule violation which is alleged to have been engaged in or committed and a brief statement of the facts surrounding and upon which the alleged unlawful employment practice or rule violation is based. The complaint shall be sworn to or affirmed. Charges shall not be made public by the Commission. (c) A complaint shall be filed within 180 days after the date on which the alleged unlawful employment practice or rule violation occurred. A complaint filed thereafter shall be referred to the appropriate State or federal agency, when applicable. (d) A copy of the complaint shall be delivered to the person complained against, and each of them if more than one. Delivery shall be made within ten working days after the complaint is filed. (e) Once filed, a complaint shall be disposed of in a manner prescribed by the rules of the Commission. In those instances where the parties have reached a negotiated settlement agreement that disposes of the complaint, the Commission shall dismiss the complaint and take no further action. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2004-699-E, § 11)

Jacksonville Ordinance Code § 402.303 Investigations.

Sec. 402.303. - Investigations. The Commission shall make a prompt investigation of each complaint. The procedure and rules of the Commission shall be designed to secure a speedy resolution on every complaint filed with the Commission, to the end that the unlawful employment practices prohibited by this Chapter shall be dealt with speedily and completely. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2004-699-E, § 12)

Jacksonville Ordinance Code § 402.304 Mediation.

Sec. 402.304. - Mediation. Upon the filing of a complaint as set forth in Section 402.302 and prior to the initiation of a formal investigation, the Commission may offer to the parties to a complaint the opportunity to participate in a mediation conference, in accordance with the rules of the Commission. If mediation is successful, the terms and conditions of the settlement shall be embodied in a negotiated settlement agreement. The Commission, if it approves the agreements, shall dismiss the complaint and take no further action. If mediation is unsuccessful, the Commission may proceed with the investigation of the complaint as if mediation had not been attempted. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1)

Jacksonville Ordinance Code § 402.305 Pleading and papers.

Sec. 402.305. - Pleading and papers. The person complained against may file an answer to a complaint within the time allowed by the rules of the Commission and an interested party or persons may, with the permission of the Commission, file a statement of facts. No other pleadings shall be filed or allowed unless required or ordered by the Commission and the rules of the Commission may provide for the participation of persons as amicus commissionem. The rules of the Commission shall provide for the filing of appropriate and necessary papers. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1)

Jacksonville Ordinance Code § 402.306 Disposition of complaint.

Sec. 402.306. - Disposition of complaint. (a) If, at the conclusion of the investigation, the Commission determines that the person complained of has not engaged in an unlawful employment practice or committed a violation of a rule, the Commission shall state its findings and enter its order dismissing the complaint. (b) If, at the conclusion of the investigation, the Commission determines that the person complained of has engaged in an unlawful employment practice or committed a violation of a rule, the Commission shall state its findings. The Commission shall make its determination on reasonable cause as promptly as possible. (c) At all times during the investigation of and hearing on the complaint, the Commission shall endeavor to eliminate the alleged unlawful employment practice or violation by conference, persuasion, mediation and conciliation. In all hearings, proceedings and investigations, nothing said or done during and as a part thereof shall be made public except to the extent authorized by federal law. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1)

Jacksonville Ordinance Code § 402.307 Conciliation conference and agreements.

Sec. 402.307. - Conciliation conference and agreements. Upon entering a finding in accordance with Section 402.306(b), the Commission will invite the person complained against the opportunity to enter into a conciliation conference, in accordance with the rules of the Commission. (a) If conciliation is successful, the terms and conditions of the conciliation shall be embodied in a conciliation agreement, signed by the parties. A conciliation agreement shall not be constituted as an admission by any party that the law has been violated. (b) A conciliation agreement shall not be considered as evidence or admission of a prior unlawful employment practice or violation; however, unless a conciliation agreement has been rescinded by agreement of the parties or voided by a court of competent jurisdiction, subsequent failure to comply substantially with the terms of a conciliation agreement shall be prima facie evidence of an unlawful employment practice or violation. (c) Upon failure or refusal of a party to observe the terms of a conciliation agreement, the Commission may resort, upon request and after proper notice, to the enforcement procedures prescribed in Section 402.310. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2004-699-E, § 13)

Jacksonville Ordinance Code § 402.308 Hearings.

Sec. 402.308. - Hearings. In the event conciliation fails, a full hearing before a hearing officer shall be held at such time and place, in accordance with the rules of the Commission. The hearing procedures shall be designed to secure a speedy resolution of the complaint. If the hearing officer concludes that the person complained of has engaged in an unlawful employment practice or committed a violation of a rule, the Commission shall enter an order in conformity with those findings. The order shall require the corrective, remedial and affirmative action as will carry out the objectives of this Chapter and may contain such provisions for the monitoring of compliance with the order as the Commission considers necessary and adequate. The hearing process will cease if the complainant submits a request, in writing, to the Commission to seek relief in a court of competent jurisdiction. (Ord. 1999-1117-E, § 1)

Jacksonville Ordinance Code § 402.309 Failure or refusal of parties to participate; malicious complaints.

Sec. 402.309. - Failure or refusal of parties to participate; malicious complaints. (a) If the person who filed a complaint or on whose behalf a complaint was filed fails or refuses to participate in an investigation, hearing or other proceeding under this Chapter or if the person fails or refuses to make a good faith effort to resolve the differences between the parties, the Commission may dismiss the complaint. If the person against whom the complaint was filed fails or refuses to participate in an investigation, hearing or other proceeding under this Chapter or if the person fails or refuses to make a good faith effort to resolve the differences between the parties, the Commission may terminate efforts to conciliate the dispute and proceed to a hearing on the complaint. (b) If, after investigation of a complaint, the complainant has been found to have deliberately filed a false complaint based solely on malicious and disruptive intent, the complaint shall be dismissed with prejudice. In addition, the person may be subject to the penalties contained in Section 402.402. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1)

Jacksonville Ordinance Code § 402.310 Enforcement procedures.

Sec. 402.310. - Enforcement procedures. If a party to a conciliation agreement accepted by the Commission or a person subject to an order of the Commission entered pursuant to Section 402.305(b) fails or refuses to observe the terms of the conciliation agreement or order as the case may be, the Commission shall request the General Counsel to institute an appropriate action to enforce said agreement in the proper court which may include the City's undertaking efforts: (a) To obtain a declaratory judgment that an act or practice violates or is contrary to the provisions of this Chapter or the rules or an order of the Commission. (b) To enjoin a party who has violated or is violating the terms of the conciliation agreement or order. (c) To require the party to take corrective actions, cease the violation of the terms of the conciliation agreement or order or take affirmative action to assure that no future violations will occur, or all of these things. (d) To obtain such other appropriate relief as may be available under the laws of the State or the United States for unlawful employment practices. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2004-699-E, § 14)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXIEQOP_CH402EQEMOP_PT3PRFetched: 10/27/2026