Laserfiche WebLink
ARTICLE IV. - COMPLAINT ADJUDICATION Page 6 of 6 <br /> (9) Judicial review.Any respondent who disagrees with a decision of the board rendered pursuant to <br /> subsection 581-414(e)of this chapter shall have the right to file a verified petition to the superior or <br /> circuit court of Marion County for a review of the board's decision.The petition for review must be filed <br /> within thirty(30)calendar days after the date of issuance of the written decision of the board.The City <br /> of Indianapolis shall be the sole defendant in the petition for review.Within thirty(30)calendar days <br /> after receipt of a summons,the city shall cause the board to file a true and complete copy of the <br /> transcript of the hearing with the court.The court,without jury, shall review the record and render its <br /> decision as in other administrative reviews.The clerk of the court shall send a copy of the court's <br /> decision to the respondent and to the office of equal opportunity,either of whom may appeal the court's <br /> decision. <br /> aI G.O. 999, 2005, 1; <br /> I G.O. 79,2008,§39) <br /> Sec. 581-415. -Court enforcement. <br /> (a) institution of action. In any case where the board,the adjudication committee or the hearing officer has <br /> j found that a respondent has engaged in or is engaging in a discriminatory practice in violation of section <br /> 581-403 of this chapter,and such respondent has failed to correct or eliminate such discriminatory j <br /> practice within the time limit prescribed by the board,the adjudication committee or the hearing officer E <br /> and the time limit for appeal to the board has elapsed,the board may file in its own name in the Marion i <br /> County Circuit or Superior Courts a complaint against the respondent for the enforcement of section <br /> 581-414 of this chapter.Such complaint may request such temporary or permanent injunctive relief as <br /> may be appropriate and such additional affirmative relief or orders as will effectuate the purposes of this ; 1 <br /> chapter and as may be equitable,within the powers and jurisdiction of the court. j <br /> (b) Record of hearing;evidentiary value, in any action filed under this section,the board may file with the <br /> court a record of the hearing held by the adjudication committee or the hearing officer under section 581 s <br /> E <br /> -414 of this chapter,which record shall be certified by the secretary of the board as a true,correct and <br /> complete record of the proceedings upon which the findings of the hearing officer and/or the board were <br /> based.The court may, in its discretion, admit any evidence contained in the record as evidence in the <br /> action filed under subsection(a)of this section,to the extent such evidence would be admissible in <br /> court under the rules of evidence if the witness or witnesses were present in court,without limitation <br /> upon the right of any party to offer such additional evidence as may be pertinent to the issues and as <br /> the court shall, in its discretion,permit. <br /> (c) Temporary judicial relief upon filing of complaint. Upon the filing of a complaint under section 581-405 of <br /> this chapter by a person claiming to be aggrieved,the administrator, in the name of the board and in <br /> accordance with such procedures as the board shall establish by rule,may seek temporary orders for <br /> injunctions in the Marion.County Circuit or Superior Courts to prevent irreparable harm to the <br /> complainant, pending resolution of the complaint by the office, hearing officer and the board. <br /> (d) Enforcement of conciliation agreements. If the board determines that any party to a conciliation <br /> agreement approved by the administrator under section 581-412 of this chapter has failed or refused to <br /> comply with the terms of the agreement, it may file a complaint in the name of the board in the Marion <br /> County Circuit or Superior Courts seeking an appropriate decree for the enforcement of the agreement. <br /> (G.O. 111, 2005, § 1;G.0. 79, 2008,§31) <br /> Sec. 581-416. - Other remedies. <br /> Nothing in this chapter shall affect any person's right to pursue any and all rights and remedies available <br /> in any other local, state or federal forum. <br /> (G.O. 111, 2005, § 1) <br /> http://Iibrary.municode.com/HTML/12016/le,vel3/TITIIIPUHEWE CH581HUREEQOP A... 3/6/2012 <br />