§ 25-9. - Complaint, investigation, and resolution process.
(a) Complaint. Any person claiming to be harmed by a discriminatory practice may initiate a conciliation proceeding with the Commission by filing a sworn complaint ("Complaint") setting forth the particulars of the alleged act of discrimination and such other information as may be relevant or as may be required by the Compliance Officer. A person filing a Complaint is hereinafter referred to as the "Complainant." Such Complaints must be filed with the City Clerk and the Compliance Officer within ninety (90) days after the alleged discriminatory practice is alleged to have been committed or the Complaint shall not be considered.
(b) Notice to Respondent and Commission. Upon the timely filing of a Complaint, the Compliance Officer shall notify as soon as practicable the person alleged to have committed the discriminatory practice (hereinafter the "Respondent") of such filing and provide the Respondent with a copy of the Complaint. Such notice shall be given by email or personal delivery to the Respondent. The Compliance Officer shall also notify the Commission of such Complaint.
(c) Initial review for discretionary referral. Upon receipt of a sworn Complaint alleging a discriminatory practice, the Compliance Officer and an attorney from the Municipal Counselor's Office shall review the Complaint, and the Compliance Officer shall decide whether such Complaint should instead be referred immediately to the U.S. Department of Housing and Urban Development, the Equal Employment Opportunity Commission, the Office of Civil Rights Enforcement for the Attorney General of the State of Oklahoma, the Metropolitan Fair Housing Council, or to some other federal, state, county, or private agency or organization having jurisdiction over the subject matter of the Complaint.
(d) Initial review and mandatory referral. Upon receipt of a sworn Complaint alleging a criminal violation of any anti-discrimination law applicable in the State of Oklahoma, the Compliance Officer shall immediately refer the Complaint to the Oklahoma City Police Department or some other appropriate law enforcement agency with jurisdiction to investigate such a Complaint. The Compliance Officer shall take no further action related to the Complaint, other than to inform the Commission, and the parties to a Complaint, of the action taken.
(e) Investigation by the Compliance Officer and notice of such investigation. If a Complaint alleging a discriminatory practice is not referred to a federal, state, county, or private agency or organization, the Compliance Officer shall notify as soon as practicable the Complainant and the Respondent that such Officer intends to investigate the Complaint. Such notice shall be given by email or by personal delivery to the Complainant and the Respondent. Within ten (10) days of receipt of such notice, the Respondent may, within his or her sole discretion, file a sworn answer to the Complaint. The failure of the Respondent to file an answer cannot be considered to constitute an admission of the truth of any allegation made by the Complainant in the Complaint.
(f) Results of the investigation; further review of Complaint. After or during investigation, or both, the Compliance Officer and an attorney from the Municipal Counselor's Office shall confer, and the Compliance Officer shall decide whether there is reasonable cause to believe that the alleged discriminatory practice has occurred. Further review after such decision is made shall be as follows:
(1) If the Compliance Officer decides that no reasonable cause exists to believe that a discriminatory practice has occurred, the Compliance Officer shall issue an Order setting forth the findings of the investigation and dismissing the Complaint. The Order shall be sent to the Complainant and the Respondent by mail and by email or personal delivery at their last known addresses. No further action will be taken on the Complaint.
(2) If, after investigation, the Compliance Officer determines that reasonable cause exists to believe that a discriminatory practice has occurred, the Compliance Officer shall notify both the Complainant and the Respondent of such determination by email, phone call, and/or other means and shall offer to conciliate the dispute between the parties.
(A) If the Respondent elects in his or her sole discretion to participate in conciliation efforts with the Compliance Officer and if all conciliation terms are voluntarily agreed upon by the Complainant and the Respondent, a Conciliation Order that is signed by the Compliance Officer, the Respondent, and the Complainant will be issued, and the Complaint will be closed by the Compliance Officer. A copy of the Conciliation Order shall be provided to the Commission.
(B) In the event the parties do not conciliate the filed Complaint, or if, after conciliation, the Compliance Officer receives written notice that the Conciliation Order issued by the Compliance Officer has been violated, the Compliance Officer and an attorney from the Municipal Counselor's Office shall meet and the Compliance Officer shall decide whether:
(i) The Complaint should be referred to the U.S. Department of Housing and Urban Development, the Equal Employment Opportunity Commission, the Office of Civil Rights Enforcement for the Attorney General of the State of Oklahoma, the Metropolitan Fair Housing Council, or to such other federal, state, county, or private agency or organization having jurisdiction over the subject matter of the Complaint, with such referral to be made only upon the consent of the Complainant(s); or
(ii) No further action will be taken on the Complaint.
Following the decision by the Compliance Officer to refer or take no further action on the Complaint under this Subsection (2)(B), the Compliance Officer shall notify the Commission of such decision.
(Ord. No. 27109, § 2, 7-19-22)