Enforcement procedures and requirements.

Saint Paul Legislative Code § 183.20

in effect

Sec. 183.20. - Enforcement procedures and requirements. (a) Any person aggrieved by a violation of this chapter may file a verified charge with the director stating the name and address of the person alleged to have committed an unfair discriminatory practice, setting out the details of the practice complained of and, if applicable, providing witnesses, documents and any other information required by the director. The director shall advise the complainant of his/her rights and obligations under the ordinance. The director may dismiss a charge when the complainant fails to provide required information, fails to cooperate with the investigation, or cannot be located by the director. The director shall serve upon the respondent by mail a copy of the charge and a request for a response to the allegations within twenty (20) days of receipt of the charge and advise the respondent of his/her rights and obligations under the ordinance. If the respondent fails to cooperate and respond with a written summary of the details of the respondent's position within thirty (30) days after service of the charge, the director may, on behalf of the complaining party, bring an action for default and initiate civil enforcement before the human rights and equal economic opportunity commission. A charge of discrimination may be amended as necessary and conform to the above requirements. A person who is not named as a respondent in the charge of discrimination but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice to the parties. Such notice, in addition to meeting the other requirements of this subsection, shall explain the basis for the belief that the person to whom the notice is addressed is properly joined as a respondent. (b) Whenever the director has reason to believe that a person is engaging in an unfair discriminatory practice, the director may issue a charge stating an alleged violation of a particular section of chapter 183. (c) No action may be brought for civil enforcement or criminal prosecution unless a charge of an alleged discriminatory practice has been filed with the city department of human rights and equal economic opportunity within one (1) year from the date the alleged discriminatory practice occurred or terminated. The running of the one-year limitation period is suspended during the time a potential charging party and respondent are voluntarily engaged in a dispute resolution process involving a claim of unlawful discrimination under this chapter, including arbitration, conciliation, mediation or grievance procedures pursuant to a collective bargaining agreement or statutory, charter, ordinance provisions for a civil service or other employment system or a school board sexual harassment or sexual violence policy. A potential respondent who participates in such a process with a potential charging party before a charge is filed or a civil action is brought shall notify the department and the charging party in writing of the participation in the process and the date the process commenced and shall also notify the department and the charging party of the ending date of the process. A respondent who fails to provide this notification is barred from raising the defense that the statute of limitations has run unless one (1) year plus a period of time equal to suspension period has passed. (d) The director shall commence an investigation within thirty (30) days upon receipt of the charge or upon the director's own motion promptly investigate any violations of this chapter. The director shall promptly close a case after coming to a determination of cause or no cause on a charge of discrimination. The director shall serve the complainant and the respondent with a notice of the final determination. If, an investigation concludes that a violation has occurred or is about to occur, the director may refer the matter to the city attorney for criminal prosecution, initiate civil enforcement procedures as herein provided, or enter into a conciliation agreement. (e) The director shall make final administrative disposition with a final investigative report of a charge within one (1) year of the receipt of the charge, unless it is impracticable to do so. If the director is unable to do so, he/she shall notify, in writing, both the complainant and respondent of the reasons for not doing so. The final investigative report shall consist of: 1) a summary of the complainant's allegations, the respondent's response to the charge, and the complainant's showing of pretext; 2) factual findings; 3) an analysis of the factual findings; and 4) the department's determination on each allegation of discrimination. (1) For real property cases involving an alleged violation of section 183.06 the investigation shall be completed within one hundred (100) days of receipt of the charge. If the director is unable to do so, he/she shall notify, in writing, both the complainant and respondent of the reasons for not doing so. (f) In cases involving an alleged violation of section 183.06, if cause exists to believe that a violation has occurred or is about to occur, then the director shall bring the charge as a complaint of discrimination before the commission in a civil enforcement hearing. Either the complainant, respondent and/or aggrieved person may elect to pursue the matter in district court instead. (Ord. No. 17585, § 23, 8-30-88; Ord. No. 17930, § 19, 6-11-92; C.F. No. 93-1177, § 9, 9-9-93; Ord. No. 11-105, § 1, 1-11-2012)

Source: City of Saint Paul, Minnesota, City Charter, Legislative Code and Administrative Code (Municode Library, library.municode.com)URL: https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITXVIIIHURI_CH183HURI_S183.20ENPRREFetched: 11/1/2026