§ 42-42. Complaints.

(a)

Complaints generally. Complaints under this article may be filed, not later than one year or 365 days after the date of the alleged unlawful discriminatory practice, by any person alleging to be aggrieved by an unlawful discriminatory practice under this article. All complaints shall be in writing on a form prescribed by the administrator, shall be under oath or affirmation, and shall state the name, address and telephone number of the respondent, the address of the complainant, the date of the alleged offense, the alleged facts surrounding the acts complained of and other information the administrator reasonably requires. The administrator shall not process any complaint failing to provide all information required in this subsection.

(b)

Fees. A filing fee as established by resolution of the city commission and on file in the city clerk's office shall accompany any complaint. Such fee shall be used to cover administrative costs of this article. The administrator may waive such fee, in whole or part, for persons determined to be indigent upon the filing of an affidavit certifying the person is indigent and unable to pay the subject fee.

(c)

Timeliness and reasonable cause determination. Prior to the administrator taking any action on the complaint, the administrator must first find that the complaint has been timely filed and there is reasonable cause to proceed with the complaint. If the administrator determines that no reasonable cause exists to believe that an unlawful discriminatory practice under this article has occurred, the administrator shall promptly dismiss the complaint. Upon a determination that the complaint states reasonable causes to believe that an unlawful practice has occurred, the administrator shall provide notification to the respondent as provided in this section. For the purposes of this section, the term "reasonable cause" shall be based upon sufficiently trustworthy information which would lead an impartial observer to a belief that an unlawful discriminatory practice under this article has occurred.

(d)

Service of copies of charge. Within ten days of finding reasonable cause, the administrator shall cause a copy of the complaint to be served on the respondent by certified mail, return receipt requested, or hand delivery, and shall advise the respondent of the procedural rights and obligations under this article. The respondent may file, within 15 days after receipt of the complaint from the administrator, an answer to the complaint. An answer must be in writing and under oath. The administrator shall forward a copy of the answer to the complaint.

(e)

Amendments to complaints or answers. Complaints or answers may be amended any time prior to the 14th calendar day before the date of a hearing held pursuant to section 42-44. The administrator shall furnish a copy of each amended complaint or answer to the respondent or complainant, respectively, as promptly as practicable.

(f)

Pending civil trial. The administrator, a mediator or administrative panel may not proceed on any complaint where the aggrieved person has instituted a civil action under federal or state law, seeking relief with respect to the unlawful discriminatory practice.

(Code 1979, § 34-12)