INVESTIGATION AND CONCILIATION PROCEDURE.
Austin City Code § 5-5-12
in effect§ 5-5-12 - INVESTIGATION AND CONCILIATION PROCEDURE.
(A) Before the Office of Civil Rights accepts a complaint for investigation, an investigator shall review the complaint with the charging party and determine whether the complaint describes a violation of this chapter.
(B) If the investigator determines that there is not reasonable cause to believe that a particular alleged discriminatory practice has occurred, the Office of Civil Rights shall dismiss the complaint and promptly provide the charging party and the respondent with a clear and concise written explanation of the reasons why the complaint will not be accepted for investigation. A charging party may appeal the dismissal of a complaint by filing a request for review with the director within 10 days of receiving the written explanation. If a request for review is timely filed under this section, the director shall conduct a hearing and provide the charging party an opportunity to appear and present evidence. Upon conclusion of the hearing, the director may affirm, reverse, or modify the investigator's determination.
(C) Complaints shall be made in writing and shall contain such information and be in such form as the director requires. A complaint is confidential, unless disclosure is required by law.
(D) If, after investigation, the director determines there is reasonable cause to believe a violation of this chapter has occurred, or if the director reverses or modifies an investigator's determination under Subsection (B), the director shall attempt to resolve the alleged violation through a conciliation agreement. Information produced while attempting to reach a conciliation agreement is confidential, unless disclosure is required by law. Information produced while attempting to reach a conciliation agreement may not be used as evidence in a later proceeding without the written consent of all parties.
(E) The charging party and respondent may agree to settle the complaint before the investigation is complete. If the director determines that the agreement does not meet the objectives of this chapter, the director may continue to investigate the complaint.
(F) If the director, charging party, and respondent are unable to obtain a conciliation agreement, the director may refer the case to the city attorney for prosecution in municipal court.
Source: 1992 Code Section 7-5-12; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 19, 12-13-21.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT5CIRI_CH5-5DIAGPEAI_S5-5-12INCOPRFetched: 10/27/2026
