03-26-12 Council Agenda & Packet

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ARTICLE IV. -COMPLAINT ADJUDICATION Page 6 of 6 (g) Judicial review.Any respondent who disagrees with a decision of the board rendered pursuant to subsection 581-414(e)of this chapter shall have the right to file a verified petition to the superior or I circuit court of Marion County for a review of the board's decision.The petition for review must be filed within thirty(30)calendar days after the date of issuance of the written decision of the'board.The City i of Indianapolis shall be the sole defendant in the petition for review.Within thirty(30)calendar days after receipt of a summons,the city shall cause the board to file a true and complete copy of the transcript of the hearing with the court.The court,without jury,shall review the record and render its decision as in other administrative reviews.The clerk of the court shall send a copy of the court's decision to the respondent and to the office of equal opportunity,either of whom may appeal the court's decision. (G.O. 111,2005,§1;G.O. 71,2008,§31) Sec. 581-415.- Court enforcement. (a) Institution of action. In any case where the board,the adjudication committee or the hearing officer has ` found that a respondent has engaged in or is engaging in a discriminatory practice in violation of section I 581-403 of this chapter,and such respondent has failed to correct or eliminate such discriminatory # I practice within the time limit prescribed by the board,the adjudication committee or the hearing officer I i and the time limit for appeal to the board has elapsed,the board may file in its own name in the Marion 1 County Circuit or Superior Courts a complaint against the respondent for the enforcement of section 585 1-414 of this chapter.Such complaint may request such temporary or permanent injunctive relief as I may be appropriate and such additional affirmative relief or orders as will effectuate the purposes of this chapter and as may be equitable,within the powers and jurisdiction of the court. (b) Record of hearing;evidentiary value. In any action filed under this section,the board may file with the t court a record of the hearing held by the adjudication committee or the hearing officer under section Q. -414 of this chapter,which record shall be certified by the secretary of the board as a true, correct and i complete record of the proceedings upon which the findings of the hearing officer and/or the board were based.The court may,in its discretion,admit any evidence contained in the record as evidence in the action filed under subsection(a)of this section,to the extent such evidence would be admissible in i court under the rules of evidence if the witness or witnesses were present in court,without limitation upon the right of any party to offer such additional evidence as may be pertinent to the issues and as the court shall,in its discretion, permit. (c) Temporary judicial relief upon filing of complaint. Upon the filing of a complaint under section 581-405 of a` this chapter by a person claiming to be aggrieved,the administrator, in the name of the board and in accordance with such procedures as the board shall establish by rule, may seek temporary orders for j injunctions in the Marion County Circuit or Superior Courts to prevent irreparable harm to the complainant, pending resolution of the complaint by the office, hearing officer and the board. (d) Enforcement of conciliation agreements. If the board determines that any party to a conciliation agreement approved by the administrator under g%tion 581492 of this chapter has failed or refused to i comply with the terms of the agreement,it may file a complaint in the name of the board in the Marion County Circuit or Superior Courts seeking an appropriate decree for the enforcement of the agreement. _..._(G.O. 111,2005 § 1, G.0. 71, 2008,§31) ,E Sec. 581-416. -Other remedies. Nothing in this chapter shall affect any person's right to pursue any and all rights and remedies available in any other local, state or federal forum, ! i j � 3 i i (G,O- 111, 2005,§ 1) ' httn //lihrary rnrinirnrdP rnm/f1TMl .117�t Fi/1PVa1�/TTTTTTPTINFW� r'N51211411R1PZR(10P A I16,11)111'!