03-26-12 Council Agenda & Packet

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ARTICLE IV. -COMPLAINT ADJUDICATION Page 3 of 6 A statement as to any other action,civil or criminal,instituted before any other administrative agency,commission,department or court,whether state or federal, based upon the same grievance alleged in the complaint,with a statement as to the status or disposition of any such !!! other action;and ' j (7) In the case of alleged employment discrimination a statement that the employer employs six(6) i I or more employees in the territorial jurisdiction of the office. (G.O. 111,2005,§1;G.0. 71,2008,§28) Sec. 581-407. -Execution and verification of complaint; notice of acknowledgement. 1I (a) The original complaint shall be signed and verified before a notary public or other person duly authorized by law to administer oaths and take acknowledgments. Notarial services shall be fumished I ! by the office without charge. , I ' (b) The administrator shall cause an acknowledgement of the complaint to be provided to the complainant advising the complainant of the time limits and choice of forum provided under the law. l (G.O: 111,2005,§1;G.O. 71,2008,§28) Sec. 581-408. -Timeliness of complaint. I No complaint shall be valid unless filed within one hundred eighty(180)calendar days from the date of occurrence of the alleged discriminatory practice or,in the case of a continuing discriminatory practice,during the time of the occurrence of the alleged practice;but not more than one hundred eighty(180)calendar days I from the date of the most recent alleged discriminatory act. _..__(G.0. 1 1,zoos,§1) E --Sec. 581-409. -Referral of complaint to ---.------------.._—_....---__._._...._-_.__._.____.-..-....... ............. state civil rights commission. • ! The administrator may, in his or her discretion,prior to scheduling of the complaint for hearing under ' section 581-414 of this chapter, refer any complaint to the state civil rights commission for proceedings in accordance with the Indiana Civil Rights Law or the Indiana Fair Housing Law. ;E (G.O. 111 2005 Sec. 581-410. -Receipt of complaint from state civil rights commission. The office is hereby authorized to receive any complaint transferred to it by the state civil rights j I commission pursuant to IC 22-9-1-12.1,IC 22-9.5-4-1 and/or IC 22-9.5-4-8, and to take such action with i respect to any such complaint as is authorized or required in the case of a complaint filed under section 581- 405 of this chapter. i I (.G..O. 111 2005 i;G..0..71.,..2008.,-§29) Sec. 581-411. -Service of complaint on respondent; answer. 1 The administrator shall cause a copy of the complaint to be served by certified mail upon the respondent,who may file a written response to the complaint at any time prior to the close of proceedings with I respect thereto,except as otherwise provided in section 581-414 of this chapter, � I (G.O. 111, 2005,-§1)..._...._.. ----- _....._ i 3 Sec. 581-412. Investigation and conciliation. i (a) Investigation. Within thirty(30)days after receipt of a complaint filed under this chapter,the administrator shall initiate an investigation of the alleged discriminatory practice charged in the complaint.All such investigations shall be made by the office at the direction of the administrator and { may include informal conferences or discussions with any party to the complaint for the purpose of E 1 obtaining additional information or attempting to resolve or eliminate the alleged discriminatory practice I by conciliation or persuasion.The office shall have the authority to initiate discovery,including but not I I limited to interrogatories,requests for production of documents and subpoenas,on approval of the ' administrator.Any request by the office to compel discovery may be by appropriate petition to the i I I ii Marion County Circuit or Superior Courts.The administrator will make a good faith effort to complete ? ? investigations within one hundred(100)days after a complaint has been received.If it is impracticable i to complete the investigation within one hundred(100)days,the administrator may extend the time for 1,+t:,•/I1;1;ro+-tip � ++ir•r►rtP onm IPTUT /17f116/leupll/TTTTTTP1 TNRW R C.145R 1 HURF.FOOP A - 1I6/2012