INVESTIGATION AND CONCILIATION PROCEDURE.
Austin City Code § 5-6-14
in effect§ 5-6-14 - 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, after investigation, the director determines that there is reasonable cause to believe discrimination occurred and the director is unable to secure from the respondent an acceptable conciliation agreement, the director shall present findings to the city manager. The director may, in cases where the respondent is a City department, recommend to the city manager that corrective measures as the director deems appropriate be taken to eliminate the discriminatory activity. If the respondent is a City contractor, the Office of Civil Rights shall forward its findings and recommendations to the charging party, the respondent, and the city council. After receipt of the findings of the Office of Civil Rights, the city council, if it concurs in such findings, may cause the contract with such contractor to be canceled, terminated, or suspended in whole or in part, as the city council deems advisable under the circumstances. If after review of the case, the city council disagrees with the findings of the Office of Civil Rights, the city council may reverse or modify the findings of the Office of Civil Rights.
(G) Notice shall be provided in City contracts that noncompliance with this chapter by City contractors may result in termination of such contracts.
Source: 1992 Code Section 7-6-14; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 23, 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_CH5-6DIAGPEDI_S5-6-14INCOPRFetched: 10/27/2026